"The House will come to order. Members will be in their seats. The chaplain for today will be Father Kevin Vann, Associate Pastor of the Blessed Sacrament Catholic Church of Springfield. Father Vann is a guest of Representative Mike Curran. Will the guests in the balcony please rise and join us in the invocation?"
"Let us pray with the words of Psalm 119. Your word is a lamp for my steps and a light for my tasks. Lord God, guide us this day in our endeavors and our tasks. We pray with his Psalm that your word may guide and illuminate our steps so that our work will be for the good of the others who place their confidence in us and whom we serve. Amen."
"Be led in the Pledge of Allegiance by Representative 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. Excused absences. Representative Matijevich?"
"Let the record show Nelson Rice as an excused absence due to illness."
"Any excused absences on the Republican side? Representative... Representative Hastert."
"We have no excused absences."
"Thank you. Take the record. 115 Members answering the Roll Call, a quorum is present. Representative Tate."
"Thank you, Mr. Speaker. We were just wondering how long we were going to work tonight."
"Approximately 7:30. Page 26 of the Calendar. Consent Calendar Third Reading. Mr. Clerk." 1 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
"House May 21, 1986 Bill 3528, a Bill for an Act to amend the Meat and Poultry Inspection Act. Third Reading of the Bill."
"... Page... Okay. everyone Page 26. Mr. Clerk, you have confused. It's page 26. Alright, there's one Bill on the Consent Calendar. It's been read a third time. The question is, 'Shall House Bill 3619 pass? All those in favor signify by voting 'aye', opposed vote "no". I'm sorry. 3528. House Bill 3528. Have all voted? Have all voted who wish? The Clerk will take the record. And on this Motion, there are 114 'ayes', no 'nays', none voting 'present'. House Bill 3528, having received the Constitutional Majority, is hereby declared passed. Agreed Resolutions."
"House... House Joint Resolution 199, offered by Representative Parke. House Joint Resolution 200, by Hojcik et al... and Hasara et al. House Resolutions 1336, Currie; 1337, Brunsvold; 1339, Levin et al; 1340, Phelps; 1342, Kubik; 1343, Weaver and Black; 1334 (sic - 1344), Weaver and 1345, Hoffman."
"Representative Matijevich."
"Speaker, Ladies and Gentlemen of the House, these are all agreed and congratulatory. I move the adoption of the Agreed Resolutions."
"The Gentleman moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it, and the Agreed Resolutions are adopted. Representative Breslin in the Chair."
"Ladies and... Ladies and Gentlemen, we are preparing to go to the Order of House Bills Third Reading. Short Debate Calendar. This appears on page 17 on your Calendar. The first Bill under House Bills Third Reading, 2 STATE OF ILLINGIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Short Debate appears House Bill 1043, Representative Levin. Clerk, read the Bill. Excuse me. Representative Ewing, for what reason do you rise?"
"To inquire as to your health. Are you feeling better?"
"I'm feeling much better, thank you."
"Oh, they said you were sick in Rules, and I wanted to know. You're feeling better."
"House Bill 1043, a Bill for an Act to amend the Illinois Public Aid Code. Third Reading of the Bill."
"Representative Levin."
"House Bill 1043 is a JCAR Bill, and it was a Bill that was the subject of some discussion yesterday in connection with Representative Ryder's Amendment. But House Bill 1043 was reported out of the Human Services Committee by unanimous vote and was put on the Consent Calendar initially. What the Bill simply does is to provide that an individual who is eligible for one program, you know, if he loses the eligibility for one, you know, he should be considered for eligibility for other programs. The Department of Public Aid has no problem with this Bill. The Amendment that was added on the floor was Representative Ryder's Amendment, whi which requires persons applying for eligibility for public aid to cooperate with the Department as far as the determination. I ask for your support on House Bill 1043, which is..."
"The Gentleman has moved for the passage of House Bill 1043. And on that question, the Gentleman from Lee, Representative Olson."
"Thank you, Madam Speaker. Just a brief comment. I would urge support for this Bill."
"The question is, Shall House Bill 1043 pass? All those in favor vote 'aye, all those opposed vote 'no'. Voting is open. Have all voted who wish? This is final 3 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 passage. Have all voted who wish? Representative Huff wants to vote 'aye'. The Clerk will take the record. On this question, there are 113 voting 'aye', none voting 'no', and none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2313, Representative Homer. Clerk, read the Bill."
"House Bill 2313, a Bill for an Act relating to state printing. Third Reading of the Bill."
"Representative Homer."
"Thank... Thank you, Madam Speaker, Ladies and Gentlemen. The Bill does three things. I'll go over them very briefly. First of all, the Bill amends the Consumer Fraud and Deceptive Practices Act to empower the Attorney General in actions pursuant to that Act. The judicial remedy of a temporary restraining order, current law allows for a preliminary injunction and for injunction, but not for a temporary restraining order. The only difference between a TRO and a preliminary injunction is that a preliminary injunction has to be with notice and a TRO is without notice. The recommendation is as a result of a change in the injunction statute by the 83rd General Assembly, and the omission in also amending this statute. The second thing that the Bill does is to amend the Violent Crimes Victims' Assistance Act to allow the Attorney General to make annual... to make a semi-annual contributions or grant awards to agencies that are performing services pursuant to that Act. Current law requires or limits the grants to annual payments, and the program administrators, as well as the Attorney General's Office, have found that the semi-annual grants would facilitate the administration of... of the program. The third thing that the Bill does... one moment, please, as I straighten out my notes 4 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 this morning. The third thing that the Bill does is in dealing with the Violent Crimes Victims' Assistance Fund is to, first of all, change the word 'fine' to the word 'penalty'. And the difference there is that a penalty is automatically imposed on a... on a disposition of a case, whereas a fine needs to be imposed by the court. It's been found in some cases that a Judge, neglecting to specify a fine for this fund, there's a question about the ethicity of the... legality of the collection of those fees, so by changing the word to 'penalty', it would alleviate that problem. The Bill also would provide that the investment income earned on the fund would stay in the fund instead of going into GRF. And finally, the Bill would provide the penalty could be collected when there was a disposition of court supervision as well as cases where there was a conviction. Technically, a disposition of court supervision does not constitute a conviction within the meaning of the statutes, and therefore, by substituting the words and including the words 'court supervision', that would empower the court to collect the penalty that goes into that fund for those dispositions as well. I would entertain any questions that the Members might have."
"The Gentleman has moved for the passage of House Bill 2313. Is there any discussion? Hearing none, the question is, 'Shall House Bill 2313 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. This is final passage. Have all voted who wish? The Clerk will take the record. On this question, there are Ill voting 'aye', none voting 'no', and none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2582, Representative Preston. Clerk, read the Bill." 5 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"House Bill 2582, a Bill for an Act concerning missing children. Third Reading of the Bill."
"Representative Preston. Third Reading on this Bill."
"Thank you... excuse me. Thank you, Madam Speaker. I'd like, if it pleases the House, to let Representative McCracken handle this outstanding piece of legislation."
"I'm sure it will please the House. Representative McCracken."
"Thank you. Madam Speaker, Ladies and Gentlemen of the House. As amended by Floor Amendment #2, this Bill would require law enforcement agencies too immediately notify each other and the entire surrounding area in the even of a missing child report, and it also allows funds not expended by I-Search to lapse rather than be returned for later appropriation. And I ask for the passage of House Bill 2582."
"The Gentleman has moved for the passage of House Bill 2582. Is there any discussion? The Gentleman from Cook, Representative Preston, to close."
"Well, thank you, Madam Speaker. I just wanted to ask the Gentleman if the Attorney General's Office had signed off on this Bill, but since I'm certain that he has, I think this is an excellent Bill, and I'd ask for an 'aye vote."
"The question is, 'Shall House Bill 2582 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. This is final passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 108 voting 'aye', none voting 'no' and none voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 2599, Representative Parcells and 6 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Representative Ewing wish the record to reflect that had they voted, they would have voted "aye". House Bill 2599, Representative Stern. Clerk, read the Bill."
"House Bill 2599, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of the Bill."
"Representative Stern."
"Madam Speaker and Members of the House, 2599 is a Bill that permits a school bus, when being used by a day camp, to use the safety equipment on it - the flashers and the stop traffic arms - it requires, in order for that safety equipment to be used, that the bus driver must have passed the bus driver certification tests, and a later Amendment also permits the bus to be used by someone who is not a certified bus driver, if the safety equipment is not being used."
"The Lady has moved for the passage of House Bill 2599, and on that question, the Gentleman from Cook, Representative Cullerton."
"Yes, I wondered if the Lady would yield for a question."
"She will yield for a question."
"Representative Stern, did you want to adopt Amendment #2 to the Bill?"
"Oh, I beg your pardon. Quite right, Mr. Cullerton. I need to take the Bill back."
"The Lady moves to... The Lady moves to return this Bill to the Order of Second Reading for the purposes of an Amendment. Is there any objection? Hearing none, the Bill is on Second Reading. Is there an Amendment, Mr. Clerk?"
"Floor Amendment #2, Stern, amends House Bill.... "
"Representative Stern."
"Floor Amendment #2 permits the renters or users of this 7 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 120th Legislative Day school bus to forego the use of the safety signals and arms if the driver is not a certified bus driver."
Speaker Breslin: "The Lady has moved for the adoption of Amendment #2. Is there any discussion? The Gentleman from DuPage, Mr. McCracken, on Amendment #2."
"Under what circumstances can the driver dispense with the warning signals?"
"If the driver is not a certified bus driver, and the day camp or whatever it is, is unable to get a certified bus driver to drive the bus, they may use it with the word 'school' covered up and with the safety gear nonfunctional."
"So, you do not intend a... a passing of this bus when it's stopped to constitute an offense, as a school bus would constitute an offense."
"Not... Not when the safety gear is not in action."
"Okay. Thank you."
"The Gentleman from Cook, Representative Piel."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Will the Lady yield for a question?"
"She will."
"Representative, I'm looking at our analysis, here, and I'm not sure... Alright. This... The person has to have a valid driver's license, not a permit. Correct?"
"The driver, in order to use the safety equipment, must have passed the bus drivers' certification, more than just a valid driver's license, Mr. Piel."
"But it is not a permit. He cannot be handling a permit. Correct?"
"That is correct. It also, however, does say that an apprentice, as it were, to a bus driver's certification, may drive the bus in the presence of a certified bus driver. He may accompany them." 8 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"Okay. In an apprentice situation, what... what license would they have to have, just a valid bus driver's license?"
"Right."
"But without the operating permit? Working on an operating permit. Correct?"
"I'm not sure... I'm not sure what that encompasses."
"But what I'm saying is that they have to have a valid bus driver's license to operate the vehicle."
"Correct."
"Fine. Thank you very much."
"Is there any further discussion? There being none, the question is, 'Shall Amendment 02 be adopted? All those in favor say 'aye', all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Are there any further Amendments?"
"There are no further Amendments."
"Third Reading. The Bill has already been read a third time. Is that correct, Mr. Clerk? Read it again."
"House Bill 2599, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of the Bill."
"Representative Stern."
"Madam Speaker and Members of the House, I have done this once inadvertently, and I think you understand the sense of the Bill. It is to permit the use of a school bus for day camps or senior citizens or whatever, with the driver being a certified bus driver using the full safety equipment."
"The Lady has moved for the passage of House Bill 2599. And on that question, the Gentleman from DeKalb, Representative Countryman."
"Thank you, Madam Speaker. Will the Lady yield?"
"She will."
"Representative Stern, this applies to day camps, and 9 120th Legislative Day Stern: STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE then you just said senior citizens. apply to?" "Perhaps I May 21, 1986 What else does it overspoke, Mr. Countryman. When a school bus is used by a day camp, let us say, it requires that there be a certified bus driver at the wheel in order to activate the safety equipment. The Amendment we simply just adopted, permits the driver to be non-certified if he foregoes the use of the safety equipment."
"Okay, I understand that."
"Forget the senior citizens. from my statement."
Delete'senior citizens' Countryman: "Okay. This only applies, then, to day camps? Is that right?"
"... I believe that is correct. Yes, youth camps and day care facilities."
"And are those anything that has to be licensed? I would guess not."
"I'm sorry, Sir, I do not know. Does it have to be a licensed day care facility? Yes."
"It does. Okay, thank you. That's all I wanted to know."
"Is there any further discussion? Hearing none, Piel: the question is, Shall House Bill 2599 pass? All those in favor vote 'aye'. all those... Excuse Representative Piel, did you still wish to speak?" "I'm sorry, Madam Speaker. I tried to come to the phone to call you. I think we're going to have to have leave to have this heard on Third Reading. I've got no problem with the Bill, but we will have to have leave, according to the me. rules."
Speaker Breslin: "You're right. Because the Bill was amended at this time, the question is, 'Does the Lady have leave for immediate consideration of House Bill 2599 as amended?" Is 10 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 there any objection? Hearing no objection, the Lady has unanimous leave for immediate consideration of this Bill. The question is, 'Shall House Bill 2599 pass?" All those in favor vote 'aye', all those opposed vote "no". Voting is open. This is final passage. Have all voted who wish? The Clerk will take the record. On this question, there are 110 voting 'aye", none voting 'no', and none voting *present'. This Bill, having received the Constitutional Majority, is hereby declared passed. House dill 2626, Representative Stange - Panayotovich. Representative Stange in the chamber? Out of the record. House Bill 2913, Representative Bowman. Clerk, read the Bill."
"House Bill 2913, a Bill for an Act to amend the Child Care Act. Third Reading of the Bill."
"Representative Bowman."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. This Bill has been discussed on a couple of other occasions and it has been amended. This Bill, as you may recall, in its original form, prohibited firearms in day care centers and in day care homes. As a result of comments made on this floor, I brought the Bill back to Second Reading. and I have amended it. You should be all aware as to what is in the Amendment. As amended, it continues to prohibit firearms from day care centers and hand guns only from day care homes unless there is an employment reason for it being there. In other words, if the owner or spouse of the owner is a policeman or someone else who needs such a weapon in the course of their occupation. With respect to long guns, there is provision for the Department of Children and Family Services to promulgate rules regarding, say, storage and the like, and also a requirement that parents of children placed in these facilities be notified that the... the guns are present. 11 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Let me just say for the record that the... when the word *premises* is used in the Bill as amended. the word 'premises applies to that part of the building which is actually used for day care purposes. So, if we're talking about a home, the premises would not necessarily apply to private living quarters that are not... to which the children would not reasonably be expected to have access during the course of the day. So that this is not, as some people may fear, an absolute prohibition of these weapons being in the buildings themselves, but merely from the premises where children might have access. Let me state the reason for this Bill very briefly. There was an instance in Arlington Heights where a day care owner went onto the front lawn of his home and began discharging a firearm into the air. He was arrested by the local police authorities, and despite the obvious instability of this individual and the presence of weapons in the home, the Department of Children and Family Services said they were powerless to do anything about the person's license, because they didn't have legal jurisdiction in this case. That is the reason for this Bill. There have been other situations that are cause for concern. A Montessori school was closed in the northwest suburbs, and when it was... a site investigation was done following closure, firearms were discovered on the premises in unlocked spaces so that children would have access to them or did have access to them. Fortunately, no unhappy incidents occurred with those firearms. There was a situation in Texas, however, where a teacher brought a firearm into a day care center in her purse, and one of the children got into her purse during the day and used the weapon to kill another child in the center. This is the sort of thing we wish to prevent here in Illinois. We wish to give the Department of 12 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Children and Family Service adequate jurisdiction in such cases. That is the reason for the Bill. I move for its passage."
"The Gentleman has moved for the passage of House Bill 2913. And on that question, the Gentleman from McLean. Representative Ropp."
"Thank you, Madam Speaker. Would the Sponsor yield?"
"He indicates he will."
"Representative, in... as you explained this Bill, are you stating that in order to acquire a day care center license, that DCFS or the administering agency would have to actually conduct a search to find out whether or not there were weapons in that particular building or household?"
"I don't believe that a search would be necessary. I think probably an affidavit... notarized affidavit that the weapons are not on the premises would suffice... or the weapons do not exist would suffice. I don't contemplate a search of the premises."
"If I was, for example, a collector of guns and antiques and handguns, I would be, under this provision, prohibited from being a day care center operator in my home?"
"No. Representative Ropp. I tried to state for the record in my opening remarks that as long as the children do not reasonably have access to the rooms of the building in which such firearms are being stored, during the course of the day when day care operations are taking place, then you would not be prohibited. What this Bill would do, however, would be prohibit the easy access of children to those weapons."
"In other words, all you'd have to do is... they could be out in the open as long as they're locked up."
"Well, when you say 'out in the open', I'm not sure what you mean, Sir." 13 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
"Well, anywhere, as long as they'd be locked May 21, 1936 up and the kids wouldn't have the key, that would certainly not be easy access."
"If... If the room that they are located in is locked, and they would not have access. then... yes, that would... that would be satisfactory."
"I guess one of the things that I think, as youngsters are growing up and you may determine that the age might be a little bit small, but one of the problems that we have with the accidental use of guns is that a lot of people frankly don't know how to use them or have proper training or know when to use them, and apparently, you're attempting to prevent maybe even youngsters from even being exposed to the knowledge of care, use, and safety of weapons. Thank you."
Speaker Breslin: "Ladies and Gentlemen, I would remind the Membership that this Bill is on the Order of Short Debate. Does anyone rise in opposition? You only have six friends, Representative a few Tate. You need seven. Oh, here. You have more. The Bill is off of Short Debate. Representative Tate, on the Bill."
"Thank House. you, Madam Speaker and Ladies and Gentlemen of the We've really already debated the Bill, and basically, the only change that the Gentleman has made is in the area of long guns. And that's probably the most outrageous Amendment that I've ever heard, because what he... what he's doing is, he's conceding that it's okay to have long guns in for self defense, but it's not okay to have hand guns, and his logic on this is somewhat... well, it's just not logical, and it's not practical. The real issue here is what kind of limitations we're having on people's rights. There's already... The Gentleman's conceding that it's okay to have certain kind of guns, but 14 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 we can't have other kinds of guns. It's a... It's a basic issue of self defense. Where do we stop if we do day cares today? Do we do gas stations tomorrow? Do we do other stores tomorrow? I mean, where are we going to stop... stop here in this process? This is a bad Bill. We should beat this Bill. The Amendment doesn't make the Bill any better, and I encourage everyone to vote "no"."
"The Gentleman from Will, Representative Regan."
"Thank you, Madam Speaker, Members of the House. Will the speaker answer a few questions, please?"
"He will yield to a question."
"Representative Bowman, you indicate that "premise" does not necessarily mean the home connected to the day care center."
"Wait a minute. Representative Regan, the distinction in the law between 'day care center' and 'day care home' is one of... only of the number of children involved. It has nothing to do with the nature of the building. 'Day care center' could also be in a home as long as it cared for eight children or... nine children or more."
"I'm pertaining to your statement."
"Okay."
"That "premise" does not necessarily mean a living
"Okay. Ah... Living... Okay. Yes. Representative quarters in the day care center or the home." Regan, you are... you're quite right. If, for example, there were, say, a hand gun locked up in a bedroom, or if the bedroom were locked during the day while the children were downstairs, say, on the first floor, and the bedroom was on the second floor, then I would say that the children did not have access to... there was no hand gun on the premises of the day care center or home, regardless. And just to clarify, also for the record, because 15 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Representative Tate raised a matter I think you're probably concerned about as well, in some instances in a home, day care might actually be conducted in a family room or a recreation room, okay, where long guns might actually be stored and maybe on display, and I'm saying that that would be alright if they're locked and perhaps with the firing mechanism taken out and so forth, but that the hand guns could not be on the same premises... on the same premises in that family room. If you wanted to store them, if you're a collector or whatever, they should be in a bedroom, some room where the children do not have access during the day."
"Your interpretation is quite liberal, according to what the Bill reads, though. In other words... "
"Not necessarily, Representative Regan."
"Premises, premise, it doesn't say, "where children are present', it says 'premises'. It says long guns are okay if they're locked up. It says hand guns have to go away, period. Many people will have to eliminate their hand guns from their home."
"Not... No, Representative Regan, not necessarily. In fact, there... I think what this Bill does, the way the language is written, the Department of Children and Family Services has some discretion in working those things out on a case by case basis. We... I specifically did not use the word 'building' because I did not want to convey the impression that if you had any weapon anywhere in the structure, that... that that would be an automatic prohibition on having a day care license. You know, I just want to make sure kids can't get access to the weapons. That's what I'm concerned about."
"To the Bill, Speaker. There's no question about it that the Bill is infringing on the constitutional rights of 16 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 people that have day care centers or day care home businesses connected to their private quarters. I happen to have a personal friend that has that situation. It's 15 acres and he lives out in the country deep, and the children are delivered there by the parents. Without protection on the premises, the parents... the children are in danger. There are some areas close by that require constant attention to make sure people don't get on these premises in order to protect the children. I feel that the Bill is, again, anti-business, again, anti-guns, and I want everyone to vote against it. Thank you."
"The Lady from Kane, Representative Zwick."
"Thank you, Madam Speaker. I think I'm simply rising to address the Gentlemen who are having a knee-jerk reaction to this type of Bill because they see the word "firearms' up there. This not an anti-gun Bill. This is a pro-children Bill, and I wish you would look at it for what it is. I think that all responsible gun owners are already abiding by this law. People who have day care centers should normally be checked for this kind of thing. I would assume that we would have the ability to do it anyhow. Unfortunately, we don't because of some unfortunate circumstances in other places where a terrible incident occurred. We're finally just putting it in our statutes. I cannot imagine a responsible child care center operator or day care home operator keeping guns where they would readily be accessible to small children. I think we owe it to the children of this state to protect them from themselves, I guess, because they are too young to know how to use firearms at the age that they have children in day care homes. I would urge your support of the Bill, and I'd also like to move the previous question. Thank you."
"You can't move the previous question if you 17 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 have spoken to the issue. The... The Gentleman from Marion, Representative Friedrich."
"Madam Speaker, I've been very interested in this Debate, and the interpretation put on it by the Sponsor. I think it would be interesting if he can control the courts if such a thing would come to court. I doubt he's going to be making the decision. They'll make the decisions based on what the law says, not on what... thinks somebody ought to do. I don't think any responsible day care center would let glass be on the floor, sharp knives, anything else that might endanger the child. And why on earth should be single this out? When I came here, we had two books in the statutes. Now we've got five. You want to clutter it up with another Bill, it will make it... we'll have six and then seven and the eight, because Representative Bowman's going to try to protect us from everything. I think we assume that people that take care of children in a day care center have reasonable sense and a lot of care for those kids or they wouldn't be in the business. Let's don't clutter up the statute with another foolish Bill that has no enforcement policies and no way to enforce it. If you do, then you create another layer of government."
"The Gentleman from Cook, Representative Bowman.. to close."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Simple response to the last speaker is, the reason we need this legislation is, there has been at least one very clear cut instance in the State of Illinois where such legislation would have been very helpful because the Department of Children and Family Services asserted that they had no jurisdiction to act in the case of irresponsible day care home owners brandishing weapons on the premises of the... in the... in the day care home. I 18 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 would like to point out in conclusion that this Bill as amended has another very important provision that has been totally overlooked in the Debate. This would require that the Department of Children and Family Services provide notification to parents of children who are in day care centers and day care homes where there might be guns on the premises. Now, I think every parent in this state has the right to know whether their children are potentially being exposed to a hazard, and if you vote against this Bill, you're saying that guns are not a potential hazard in the presence of children. This is a pro-children Bill. It is not an anti-gun Bill. We have not prohibited guns from buildings. We have simply tried... We have simply proposed legislation to prohibit access to the guns by the children and to provide for notification to the parents of those children. It is a pro-child Bill, and I move for its adoption."
"The question is, Shall House Bill 2913 pass?" All those in favor vote aye, all those opposed vote "no". Voting is open. This is final passage. Have all voted who wish? Representative Peterson of Lake County would like to vote 'yes'. Would you record him. Mr. Clerk, please? The Gentleman from Macon, Mr. Tate, for what reason do you rise?"
"Just in the event this gets the requisite number of votes, I'd like to verify the Roll Call."
"Very good. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 49 voting 'aye", 52 voting 'no', and 6 voting 'present', and the Bill fails. Ladies and Gentlemen, we are now going to go... the hour of 10:00 having arrived, we are now going to the Order of House Bills Third Reading - Infrastructure and Community 19 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Development. It appears on page four on your Calendar. The first Bill on that Special Order of Business Infrastructure and Community Development, is House Bill 562. Representative Piel, for what reason do you rise?"
"A... Inquiry of the Chair, Madam Speaker."
"State your inquiry."
"On our Calendar today, we're sitting here with approximately 93 Bills on Second Reading. This is not a partisan move, because 81 of those 93 happen to be Democratic Bills, and obviously, you know, if I was a Democratic Member, I'd wonder when my Bill was going to go to Third Reading, because we've got a deadline by the end of the week. I've got a question. Why do we keep on hitting Third Reading Bills yesterday, today, and not bringing Bills from Second Reading so they are in a posture to pass on Third Reading? We've only got, technically, one more day where we can hit these Bills on Second Reading, and obviously, we're running out of time."
"Special Orders... Special Orders have been set up, and we are going according to the Calendar at the time that they have been appointed."
"So in other words, basically, what it is on the Special Order is people who have not been able to get their Bill on a Special Order on Second Reading, they might as well forget about passing their Bill. Is that what you're saying?"
"The Members were notified that if they wanted their Bills on Special Order, they were to make proper arrangements last week. We did go to Second Readings a lot yesterday, and we will try to do as many as we can today."
"Well, we still have six and a half pages on the Calendar of Second Readings."
"We'll work at them as quickly as we can. It's 20 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 10:20, and the less time we spend talking on this, the more we're going to get done."
"Thank you."
"Okay. House Bill 562, Representative Levin. Clerk, read the Bill."
"House Bill 562, a Bill for an Act in relationship to condominium and community associations. Third Reading of the Bill."
"Representative Levin."
"Madam Speaker, before I begin, I would like to again, for the record, indicate that I have filed a letter with the Clerk of the House indicating that I am of counsel to a law firm that represents condominium and community associations, and I would ask that my remarks be journalized. Madam Speaker, Ladies and Gentlemen of the House, House Bill 562 amends the Condominium Property Act and deals with basically three subjects. The first subject is a subject which has affected virtually every aspect of the state, every industry, and that is of insurance. and there are certain things that are unique to condominiums as far as insurance. Our statute provides that condominium associations must have insurance. It's mandatory insurance, and the statute goes on to provide that that insurance must be purchased, which, in a search of the statutes around the state, we found that that particular provision is unique in the 50 states. The main provision in House Bill 562 is to give condominium associations the ability to save some money in terms of the purchase of insurance for the common areas that they're mandated to have insurance for by authorizing the establishment of insurance pools. This particular provision was worked out jointly with the Department of Insurance with Fanny May, with the mortgage bankers, with the Illinois Realtors, with 21 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 the condominium associations, and it will, I think, provide a sound set of procedures for establishing insurance pools. Now, these pools are, of course, very similar to the kind of pools which exist now for municipalities, and park districts and other kinds of entities which, I think, objectively are not going to help the condo with a very bad record on insurance or the very small condo, but the medium and large size condo that has a decent record, there is substantial potential for savings. In addition to the authority to... for a condominium insurance pool, there are other provisions which have been reviewed by the insurance Industry and particularly the Alliance of American Insurers, and I understand nobody has any problems with them dealing with insurance. The second part of the Bill deals with townhome associations and simply extends certain provisions which currently apply to condominiums to apply as well to the townhome associations. One point I'd like to make very clear - there is nothing in this Bill that deals with co-ops. Co-ops are expressly excluded from any provision of this Bill. I know there was some concern about that because of an earlier Bill. Finally, the legislation clarifies that, in condominiums, you must treat all unit owners the same. You cannot have classes of membership, and this is a provision that was expressly asked for by the Illinois Realtors. This legislation is supported by the Illinois Realtors and as I said, has been reviewed by Fanny May, the secondary mortgage market, the Department of Insurance, the mortgage bankers and the condominium associations. If there are any questions, I'll be happy to answer them."
"The Gentleman has moved for the passage of House Bill 562. And on that question, the Gentleman from Macon, Representative Tate." 22 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
"Yeah, will the Sponsor yield?"
"He wil1.: May 21, 1986
"Yes, Representative Levin, you are a member of the House Insurance Task Force, and I'm sure you will recall that in much of the testimony in... that was presented in front of the Task Force, that many of the condo associations that come in in favor of some... that were concerned about the liability crisis and had testified in favor of some tort reform, I was wondering if you would... are going... planning on assisting us in getting some of the Bills... Amendments that we filed to those Bills to get the Speaker to allow us to have a few votes on those issues."
"Representative Levin, to answer the question."
"Representative, as you know, I have taken an active interest in the insurance issue and have been spending, you know, many hours down here on the issue, meeting with groups, getting involved, working with your side of the aisles, attending hearings and so on, and you know, I share your view that insurance is the number one problem down here today that we have to deal with. The public expects they will deal with it. I would anticipate that there will be some tort reform, as you described it... "
"Well, Representative Levin, we haven't even had a Roll Call yet. If that's the number one issue, wouldn't you think we'd have an opportunity to vote on that? I mean, we've got all kinds of Special Orders of Business, but we haven't had an opportunity to vote on that yet."
"Okay. I think we will, and as you know, I am the Sponsor of the Bill on the Calendar which will provide for tort reform."
"There being no further discussion, the question is, Shall House Bill 562 pass? All those in favor vote 'aye', all those opposed vote 'no". Voting is open. This 23 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 is final passage. Have all voted who wish? Have all voted who wish? The Clerk wil1 take the record. On this question, there are 111 voting 'aye, none voting 'no", and none voting present'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1699, Representative Younge. Clerk, read the Bill."
"House Bill 1699, a Bill for an Act to create the Urban Civilian Youth Service. Third Reading of the Bill."
"Representative Yvetter Younge."
"Thank you very much. Madam Speaker and Members of the House. House Bill 1699 would... creates the Urban Civilian Youth Service, and it asks the Department of Conservation to establish the parameters of the Urban Civilian Youth Service. Right now, the Department of Conservation administers the Illinois Conservation Corps which entails about six to seven hundred young people working in the parks owned by the State of Illinois. In addition, it administers a small program which is funded for 250,000 dollars in which urban cities have an opportunity to give some summer employment to youths who are unemployed. In the case of my city, for example, an application was submitted, and that application ended up in a 7,000 dollar funding hiring only five youths. There are probably about 10,000 youths in my city alone that need... severely need summer youth employment, and because of the absence of employment, they are now, after they get out of school, they stand around and of course, it's a breeding ground for mischief. I feel that in the City of Chicago, for example, there are perhaps 100,000 young people who need a... an experience... a work experience that will reorient and help to direct their values. This Bill is a request that the Department of Conservation establish what should be the guidelines and the parameter for the administration of such 24 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 a program. I would hope that the program would lay specific emphasis on economic self-sufficiency rather than sending out a message to our young people that we will take care of you if you are 16 and 17 and 18 in the urban centers. I would hope that the Urban Civilian Youth Service will send out a message that we expect you to care of yourself, and in the Urban Youth Service, you will be trained to be self-sufficient. You will be taught the ideals of stewardship and service. The renovation of your cities is your responsibility. I have talked with the Department of Conservation about this program, and I believe that they feel they have adequate experience of the other programs that they administer to take on the task requested of them in this program, and I ask for your support for this Bill for these reasons."
"The Lady has moved for the passage of House Bill 1699. And on that question, the Gentleman from Macon, Representative Tate."
"Thank you, Madam Speaker. May I have a little attention? I rise in opposition to House Bill 1699. Certainly, the Lady should be commended for her efforts. However, if she would look closely, currently the Department of Conservation has the ICC Program. This is the... one of the initial years... first year for the program. It's been a very successful program. They have attempted to work with urban communities, municipalities, in trying to find youth employment in that program. The concern that I have with this Bill is, not only would this be a duplication of those services, and certainly, I don't think it's necessarily a bad priority to encourage youth employment in this state, because it merits that type of consideration, yet we really don't address the issue of administration costs, additional costs that the program would incur, and 25 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 it would be primarily a duplication of services that the Department is already doing. So therefore, I think this Bill is unnecessary and a little ill-conceived, and I would hope that Members would look at it carefully."
"The Gentleman from Cook, Representative Piel, on the question."
"Thank you. Madam Speaker. Will the Lady yield to a question, please?"
"She will yield."
"Representative, what is the approximate cost of this Bill?"
"The fiscal note that was filed by the Department of Conservation was for 150,000 dollars. I have House Bill 1695, which is a request for only 100,000 dollars. The request is that the Department of Conservation merely set up a guide for the administration of this program to determine how many youths would... should or could be involved in such a program, and what the program... so the..."
"Okay. I'm just trying... that's for the... instituting the program. What are we talking about? You're asking for bonding authority on this?"
"No, there is no bonding authority asked for. The request is only that the Department of Conservation tell us how it would administer such a program, and we're only asking for the funds for that study."
"Okay. What does this program do that we don't have in the current programs like the JTPA, et cetera?"
"What this program does is to focus in on the gross amount of unemployment in the urban areas. It introduces into the unemployed youth problem situation the concept of stewardship and service. It requests the Department of Conservation to come up with a program specifically 26 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 designed to change and improve and develop attitudes of work, of stewardship, of service, so that urban youths can begin to take a greater responsibility for their community and see themselves working and sharing the responsibility of their communities."
"Thank you. Thank you. To the Bill, Madam Speaker."
"Proceed."
"Ladies and Gentlemen of the House, I laud the Lady's effort, but this Bill, the way it is stated, the way it is set up right now, it duplicates not one, but two separate programs that we have at the present time. Right now, through the JTPA, we have Title I-A with a 40,000,000 dollar price tag, and we have Title II... Title II-3 which is another 40,000,000 dollar price tag. That's 80,000,000 dollars that we presently have on the books for programs exactly like this one right here. Where does the money go for those two JDPA programs? It's earmarked for the low income areas of the state which over 90 percent is spent in the low income areas of Chicago and the East St. Louis metropolitan are. I laud the Lady's effort, but I think, needless to say, we've got to put a stop, at times, to the high spending in State Government. We're talking about 80,000,000 dollars already being used, and I would ask for a 'no' vote on this Bill."
"The Gentleman from St. Clair, Representative Stephens."
"Thank you, Madam Speaker, Members of the Assembly, to the Bill. Southwestern Illinois is a growing and developing area. We have been saddled with some rather severe problems in the City of East St. Louis, Brooklyn, Sauget and others. Development of Southwestern Illinois will not take place with more and more useless government programs. We need economic growth. We don't need another 27 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 state mandated program, another layer of bureaucracy, another hopeless situation created... creating some hope in the hearts of inner city youth, only to find out that the program is duplicative, not productive and an endless jobs program funded with taxpayers' dollars. We need to take those taxpayers' dollars and use them to help spur real business, not the phony kind of business created by government entities. I stand in opposition. Thank you."
"There being no further discussion, Representative Younge to close."
"Thank you very much. I would like to start, as a closing discussion, a response in reference to the Joint Partnership Training Act Programs. First of all, the programs Representative Piel mentioned in reference to youth unemployment, the first thing that we, as the General Assembly, ought to realize is that those programs, although the funds are available, the funds are never expended. I believe that this is the reason... one reason why Illinois, although we are fifth from the top, fifth from the top in the money that we pay into Washington in federal taxes, we're fifth from the bottom in the money that we receive back. There has been no time taken to decide what the youth unemployment programs really ought to be in urban areas. And, this Bill would simply ask the Department of Conservation to structure an effective program, decide what the administration of that program should be and what should be the tasks and duties and programs. So, I think that under our theory of New Federalism in which the state is taking over more and more of the responsibility of the federal expenditures, it is quite appropriate for us to stop and say to our State Department of Conservation, 'We want you to take the time to correctly and adequately design an effective urban youth program.' Secondly, I want 28 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DESATE 120th Legislative Day May 21, 1986 to talk about just a moment, the Illinois Conservation Corps Program that Representative Tate brought up. That program is basically centered around putting youth in our state parks. I think that that is very good, and I think it is excellent for there to be a program which sends youth out to the parks, and I'd like see as many youth as possible get out there, but in addition to that, I think that there is a service that is needed in our urban centers, and what this Bill will do will be to bridge the gap that the Department now has in reference to its urban programs. Last summer... or this summer, the Department of Conservation only had 250,000 dollars for urban youth programs. It had 100 applications. It was only able to fund 20 applications. There is a very deep and... and resounding need in reference to the conceptualization of urban youth unemployment programs. I think that it is our responsibility and duty to set the parameters of what we want, and I think that this is a great opportunity for us to say, We want a certain type of training. We want a service training. We want young people in our cities to do urban forestry. We want them to get out into the parks. We want them to repair the buildings. We want them to learn carpentry. We want them to be self-sufficient people, and the only way you can have a group of self-sufficient young people is to give them an opportunity to learn those types of attitudes in a specific environment. That environment, I believe, is the Urban Civilian Youth Service which is being proposed here. I ask for your assistance. We have a terrible problem, and I ask for your assistance here."
"The question is, Shall House Bill 1699 pass? All those in favor vote 'aye, all those opposed vote "no". Voting is open. Representative Huff, one minute to explain 29 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 120th Legislative Day your vote."
"Yes, Madam Speaker, even though this Bill may not get the required number of votes, I just wanted to also respond to something that was brought up by another Representative on the other side of the aisle with reference to an 80,000,000 dollar price tag. I would ask this Gentleman how many jobs have they created. I doubt very seriously if they've created the appropriate number of jobs commensurate with the money that's gone into it, and primarily, the reason for that is that they're using people who are not familiar in the service areas that they are funded for. And I think Representative Younge's proposal would create positive administrators who could get a bigger bang out of the buck."
"Have all voted who wish? Representative Piel, one minute to explain your vote."
"Just to say that if this gets the required number, I will verify."
"Representative Younge, one minute to explain your vote. Excuse me... "
"Madam Speaker... "
"Before you do... Before you do that, Ladies and Gentlemen and Mr. Doorman, Members have complained that unauthorized persons are on the House floor. Would you please clear the House floor of all unauthorized people. We are... We have a lot of business to do today, and we don't need any unnecessary interruptions. Representative Younge, one minute to explain your vote."
"Thank you very much. Madam Speaker. The injustice of having 80 to 90 percent of the young people standing around in the summer unemployed is an injustice I think we can begin to correct by this Bill, and so, I ask for your support for that reason. I think I... the youth in our 30 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 society have a right... have a right to have us program and help them to be employed and to be responsible citizens. That is what the request and the basis of the Urban Civilian Youth Service is about. The growing of responsible citizens that can take their place in our society. We do not want, we do not need to continue the situation of masses of unemployed young people with no hope, no future, on their way to the Army or on their way to prison. We need one more vote on the board. This is a very important Bill to all of our areas, and I ask for your support for those reasons. We cannot any longer deny our young people."
"Representative Ropp, one minute to explain your vote."
"Thank you, Madam Speaker. It is my understanding that the State of Illinois received some 53,000,000 through JTPA for summer youth programs now. 53,000,000 dollars now comes into the State of Illinois for summer youth training programs. I don't really think we need this one, too."
"Representative Brookins, one minute to explain your vote."
"Thank you, Madam Chairman. I have sat here and heard time after time of people to pull themselves up by their bootstraps. We hear of the waste... so-called waste in public aid and supporting people without working or earning it. This is an excellent opportunity to get into the inner cities and get into the cities and train people to become useful and productive citizens. We need this Bill. This is the type of program that will allow people to pull them up... themselves up by their bootstraps. This will train people to be productive citizens in our society. We need this. We need more votes, here."
"Have all voted who wish? Representative 31 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Alexander, one minute to explain your vote."
"I think the conception that this is another program is erroneous. If I'm understanding Representative Younge's Bill, it is merely to require the Director... Director to report to us about the number of unemployed youths between 14 and 20 years old that could be served by a newly created service other than state and federal programs. It's just some statistics that we would, as Legislators, would have in hand so that we could properly evaluate the monies that will flow in from the Federal Government and how to better dispense them with regards to serving our youths between 14 and 20. Thank you for that extra vote."
"Have all voted who wish? The Clerk will take the record. On this question, there are 61 voting 'aye", 51 voting 'no', and none voting 'present'. There is a request for a Verification. The Lady has requested a Poll of the Absentees. Mr. Clerk, poll the absentees."
"Poll of those not voting. Pangle. Rea. Richmond and Wolf."
"Representative Rea votes 'aye'. Representative Wolf votes 'aye'. Poll of the Affirmative, Mr. Clerk."
"Poll of the Affirmative. Alexander. Barnes. Berrios. Bowman. Braun. Breslin. Brookins. Brunsvold. Capparelli. Christensen. Cullerton. Curran. Currie. Daley. DeJaegher. DeLeo. Dunn. Farley. Flinn. Flowers. Giglio. Giorgi. Greiman. Hannig. Hartke. Hicks. Homer. Huff. Keane. Krska. Kulas. Laurino. LeFlore. Leverenz. Levin. Martinez. Matijevich. Mautino. McGann."
"Excuse me, Mr. Clerk. Representative Piel, Representative Dunn has asked leave to be verified. You have leave, Sir. Proceed, Mr. Clerk."
"Mc Pike. Mulcahey. Nash. O'Connell. 32 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Panayotovich. Satterthwaite. May 21, 1986 Saltsman. Phelps. Preston. Rea. Ronan. Shaw. Steczo. Stern. Sutker. Terzich. Turner. Van Duyne. Washington. White. Wolf. Anthony Young. Wyvetter Younge and Mr. Speaker."
"Any Representative Piel?"
"Yes, Madam Speaker. questions of the Affirmative, Representative Steczo."
"Representative Steczo. Terry Steczo. Is the Gentleman in the chamber? He is not. Remove him from the Roll Call. Representative Satterthwaite asks leave to be verified, Mr. Piel. You have leave."
"Representative Turner."
"Representative Art Turner. Is the Gentleman in the chamber? He is." Piel:
"Representative Kulas." "Representative Kulas is in his chair."
"Representative Laurino."
"Representative Bill Laurino. Is the Gentleman in the chamber? He is not. Remove him from the Roll Call."
"Representative Nash."
"Representative Steve Nash. Is the Gentleman in the chamber? Remove him from the Roll Call.
"Representative White."
"Representative Jesse White. Is the Gentleman in the chamber? He is not. Remove him from the Roll Call. Representative Steczo has returned to the chamber. Add him to the Roll Call voting 'aye."
"Representative Pangle."
"Representative Pangle is not voting."
"Sorry. Representative Berrios."
"Representative Joseph Berrios. Is the Gentleman in the chamber? He is not. Remove him from the 33 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Roll Call."
"Representative DeJaegher."
"Representative DeJaegher is in his chair. Representative Laurino has returned to the chamber. Add him to the Roll Call voting "aye"."
"Representative Currie."
"The Lady is in her chair."
"Representative Farley."
"Representative Farley. Representative Bruce Farley. The Gentleman is not in the chamber. Remove him from the Roll Call."
"Representative Giglio."
"Representative Giglio. Representative Giglio. The Gentleman is not in the chamber. Remove him from the Roll Call."
"Representative Giorgi."
"Representative Zeke Giorgi. Representative Giorgi is not in the chamber. Remove him from the Roll Call. Representative Giorgi is in the chamber. Add him to the Roll Call voting "aye"."
"Representative Greiman."
"Representative Greiman. Representative Alan Greiman. The Gentleman is not in the chamber. He is in the Speaker's Office, but he will return soon. Meanwhile, take him off the Roll Call. Representative Giglio has returned to the chamber. Add him to the Roll Call voting 'aye'. Representative John McNamara changes his vote from 'no' to 'aye'."
"Representative Cap... Never mind. I see him. Representative Christensen."
"Representative Christensen. Ray Christensen. The Gentleman is not in the chamber. Remove him from the Roll Call." 34 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"Representative Bowman."
"Representative Bowman is in his chair."
"Representative Hannig."
"Representative Hannig. Gary Hannig is not in the chamber. Remove him from the Roll Call. Representative Greiman has returned to the chamber as we predicted. Add him to the Roll Call voting "aye". Representative Flowers asks leave to be verified, Representative Piel. Is that granted? It is. Any further questions?"
"Representative Braun."
"Representative Braun is in the chamber."
"No further questions."
"Representative Richmond wishes to be recorded as voting "aye"."
"No further questions."
"On this question, there are 59 voting 'aye'... Representative Pangle wishes to vote 'aye'. On this question, there are... Mr. Clerk, vote Pangle 'aye'. On this question, there are 60 voting 'aye', 50 voting 'no', and none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2549, Representative Ronan. Clerk, read the Bill."
"House Bill 2549, a Bill for an Act to create the China Development Corporation of Illinois. Third Reading of the Bill."
"Representative Ronan. Representative Ronan."
"Thank you, Madam Speaker and Members of the House. I move for the passage of House Bill 2549. This... This Act will create the East Asia Development Authority Board of Illinois. It's a fine concept. I think we need to promote business in far east Asia. This will establish the kind of mechanism we need in the Department of Commerce and 35 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Community Affairs to have a professional advisory board made up of real experts in the field of international trade with far east Asian countries, plus a... they will be mandated to hire a qualified executive director who can really put some business opportunities together for Illinois business. I'll be glad to answer any questions concerning House Bill 2549, and I move for its favorable adoption."
"The Gentleman has moved for the passage of House Bill 2549. And on that question, the Lady from Lake, Representative Frederick."
"Madam Speaker, Ladies and Gentlemen of the House, will the Sponsor yield for a question?"
"He indicates he will."
"Representative Ronan, can you tell me exactly what this development corporation envisions as its mission?"
"What it envisions is that we're going to have a seven member advisory board which will be appointed by the Governor and confirmed by the Senate. They, in turn, will hire an executive director and the staff necessary to explore the real opportunities that Illinois firms have to do business in far east Asia. I was part of a transportation delegation last year that went to China, Japan and Hong Kong. I was impressed with the business opportunities that are available in mainland China, but I did feel that the Department of Commerce and Community Affairs was adequately addressing the opportunity that Illinois businesses have to do business in mainland China. That was the impetus that spurred this legislation. I've worked with the Department of Commerce and Community Affairs to come up with this model. In other words, that they had some objections to my original Bill. I've amended it to eliminate their objections, so that rather than 36 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 creating a separate entity, it's going to be in the Department of Commerce and Community Affairs, but it will have a much more expanded authority than was originally envisioned by the Department when it established their original plan."
"Could you tell me... Well, for example, I know we already have two trade and development offices in the Far East - one in the PRC - People's Republic of China in 'Shen-Yung' and one in Hong Kong. And their mission is nothing else but trade and development, and do you think that we need this development corporation in addition to those two offices?"
"This... This corporation is going to take charge of operations on those two offices. My problem with those two offices is, they're well-intentioned but they're not doing the job. So that, what this is going to do is going to take control over those operations. I feel that we need the input of Illinois business people who are experts in international trade, international economics and international operations. That's why I'm proposing the board, to set policy for the operations of those offices. I think that there are some well-intentioned people in those offices. I just think that we need to get a greater business input into how those offices function."
"I was a member of a mission last spring to China, and there were 169 business people with us at that time. They met with their counterparts in the business community, and they explored the possibilities of development and trade. I'm worried that this is a duplication that may not be necessary. Representative Ronan, and is there any finite term for this corporation?"
"Yes. The corporation sunsets in 1990. My attitude is that I had... There were 30 business executives on our trip 37 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 to China. You know, we've got all the politicians in the word flying to China. I want to see some business deals close with Illinois businesses in mainland China. That's the goal, and I think you need businessmen involved on a much more permanent basis than just making a one-time shot trip to China. You know, the business people who came along on our delegation were primarily road contractors, engineering consultants and people who specialize in transportation. They don't have the facilities to maintain the dialogue necessary between their company here and opportunities in China. That's what my attitude is, is that if this agency does its job - namely this advisory board - they're going to identify those opportunities, they're going to let Illinois businessmen know when it makes sense to invest personnel, time and effort to look at opportunities over in mainland China. Very few Illinois corporations have the kind of staff available to maintain the ongoing relationship with mainland China. Some of the larger corporations do; in other words, some of the major banks downtown, some of the large international firms do, but we've got a lot of Illinois businesses that have tremendous expertise that want to do business over there, but really need better information, and that's what the goal is behind this... this development corporation. And it does sunset in 1990. My attitude is if by 1990, we can't get the job done, then we should stop wasting money on this kind of endeavor."
"Okay. I want to thank you. I don't necessarily oppose your Bill, but for the record, I would like to point out to this Body that our delegation brought home 72,000,000 dollars in contracts for the State of Illinois."
"That's great."
"And that's a drop in the bucket, granted, but it's 38 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEЗАТЕ 120th Legislative Day May 21, 1986 the opening of the future that I think can be very bright, so thank you very much."
"The Gentleman from Dupage, Representative McCracken."
"Thank you, Madam Speaker. I rise in support of this Bill. Yesterday, Representative Ronan took an Amendment to this Bill which expanded the scope of its operations from China to all of east Asia, and for that reason, this is a Bill which makes good sense for Illinois, which makes good sense for business. I agree with Representative Ronan that we need some permanent persons involved in this rather than just trade missions on an irregular basis. Given the fact that we need that type of regular activity in this area. given the fact that it applies to all of east Asia, given the fact that that represents substantial markets for Illinois products and businesses, I rise in wholehearted support of this measure. This is an excellent idea made better by the Amendment which Representative Ronan took yesterday, and I stand in support of this."
"The Gentleman from Cook, Representative Terzich."
"Representative Ronan, would this advisory board also be dealing with Nationalist China, as well?"
"Representative Ronan."
"With the Amendment that I agreed to yesterday, it is now going to be the... the Far East... East Asia Development Advisory Board, so it's not going to be limited just to mainland China."
"Thank you."
Speaker Breslin "The Lady from Kane, Representative Deuchler."
"(inaudible)."
"He will yield."
"Representative Ronan, what kind of a budget or cost 39 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Hay 21, 1986 down the road are going to be associatied with this board?"
"That's... It's going to be right out of the Department of Commerce and Community Affairs budget."
"Well, could you give us an idea of the parameters of the budget you're looking at?"
"I haven't established any parameters. I just wanted to establish the policy. I now, if the legislation passes, will work with the Department of Commerce and Community Affairs to put together an appropriation, so it will be done in conjunction with the Department."
"They haven't set forth any projected dollar amounts?"
"No, they already have a budget to operate the two offices in the Far East, and the seven man advisory board are all non-paid, so there's going to be no increased cost out of that operation. and as far as the executive director, I'm sure that the Department will work with me to come up with an adequate salary level for the executive director."
"Well, is your board being folded in, then, to the DCCA program?"
"I didn't hear the question. I'm sorry."
"Well, is this board a part of what you described that DCCA already has?"
"No, no. The board doesn't exist right now. so that this legislation will establish that seven member board appointed by the Governor, confirmed by the Senate, non-paid. Those positions are non-paid. The board is made up of experts who will be experts in international trade, international economics and in far eastern operations."
"So, would most of the cost be associated with foreign travel, for example?"
"Their... you know, their cost establishes foreign travel already. I don't anticipate any additional travel. I mean, we've got... we've got business people and 40 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 politicians flying over to the Far East all the time. You know. the Governor's had three or four trade delegations himself, brought a number of Legislative Leaders along with him, a number of Illinois businessmen. The last time I went to mainland China, I paid for it myself."
"No further questions."
Speaker Breslin: "Representative seeking recognition. Kubik, you are the last person Do you wish to close? No? Okay, Representative Kubik on the question."
"*... Madam Speaker, Ladies and Gentlemen of the House, I rise in support as a Cosponsor of this legislation. I think that it's important to note that it will be an East Asian Development Advisory Board and that it will take in all of the countries in that area. I think, further, it's significant that this legislation will bring experts to the Department of Commerce and Community Affairs, experts that they do not presently possess, and cannot, with the present existing structure of the Community Affairs. Department of Commerce and Eastern Asia is a new and unique area of the world. The way they do business is much different than the way we do business in Illinois, and in this country. for example. What is important is that we need people who know that area and who are experts in that area to make the necessary contacts to bring our companies to east Asia and further economic development. This area is an area that where a lot of business development is based on trust, it's based on relationships, it's based on knowing the movers and shakers in these countries. It's extremely important that we establish those relationships and bring the expertise that's necessary to cement those relationships and benefit our Illinois companies. So Ι... I rise in support and would urge the passage of this Bill. It's an excellent concept, and I know Representative Ronan 41 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 has worked very hard with the Department of Commerce and Community Affairs to bring together the best elements of this legislation, and try to make some of the... and remove most of the objections to this legislation. So, it's a good concept. I think it's an excellent opportunity for Illinois to bring more business into this state, and I would urge its passage."
"Representative Ronan to close."
"Representative Kubik just did a great close, so that I just move for the passage of House Bill 2549."
"The question is, 'Shall House Bill 2549 pass?' All those in favor vote 'aye', all those opposed, vote 'no'. Voting is open. This is final passage. Have all voted who wish? Have all voted who wish? The Clerk will take... Have all voted who wish? The Clerk will take the record. On this question there are 98 voting 'aye'... 99 voting 'aye', 15 voting 'no' and none voting 'present', and this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2709, Representative Dunn. Clerk, read the Bill."
"House Bill 2709, a Bill for an Act to add Sections to an Act concerning conveyances. Third Reading of the Bill."
"Representative Dunn."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. House Bill 2709 is a straightforward Bill which would require, when a mortgage is paid off and a release is issued by the lender, that the release contain a legal description so it will facilitate tracing the release back to the mortgage on the public records to make it clear for years later that the mortgage has, in fact, been paid off. I would ask for a favorable vote on House Bill 2709."
"The Gentleman has moved for the passage of 42 STATE OF ILLINOIS 84th GENERAL AS SEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 House Bill 2709, and on that question, the Gentleman from DuPage, Representative McCracken."
"Thank you, Madam Speaker. Was... Will the Sponsor yield?"
"He wil1."
"Was the Amendment which deleted the requirement of the legal description for the assignment of mortgages adopted?"
"Yes, that Amendment was adopted in Committee and at the request of the... principally, the mortgage bankers, who receive assignments of mortgages in bulk, they found that this would be a terrible inconvenience to them and to accommodate them, the language requiring a legal description on assignments of mortgages was stricken by Committee Amendment #l in the House Committee. And SO, that is no longer a problem with this Bill."
"And does that negate or abrogate their opposition to the Bill?"
"You'd have to... I think so, although it negates their concern with regard to that, but I do understand that they still have some trouble with the recorders who in an earlier Bill were authorized to collect a $7 fee for recording releases of mortgages and I guess they think that's too high. But I don't understand what that really has to do with this Bill."
"But that's still in effect? That wasn't deleted, was it? They..."
"This Bill does nothing about fees, no."
"To your... but to your knowledge, that's... that $7 fee is still in effect?"
"Yes, yes, to the best of my knowledge. I do know that this Bill does nothing about it."
"Okay, thank you." 43 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"The Gentleman from Cook, Representative Levin."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. While this Bill has a good Sponsor. I must reluctantly rise in opposition to this Bill. This Bill still is opposed by the mortgage bankers. You know, I'm somebody who generally philosophically supports government and more government. but this is an example of something which I think has gone too far. I don't know how many of you have seen a legal description, but a legal description for a piece of property can run several pages of very fine print. It's very technical. And if a secretary is asked to type it, what they have to do is they literally have to read each word because if you get... if you make one mistake, you've set everything off. This Bill would require the average person who may have had a lien filed against their house for work and then, you know, resolves the dispute to file a... in their release, a legal description, which is sometimes very difficult to come about. It's very difficult to type and it really doesn't do very much. The sole purpose for requiring this additional paperwork, which can take days and days to prepare is for the convenience of our clerks, our county clerks and while we certainly want to accommodate the county clerks, they are paid, in order to be able to do filings of the documents that are filed with them. Under current law, if you are releasing a lien, you have to refer to the document number in the release of the original lien and that is adequate to be able to trace down the document you are releasing. To impose this additional burden on property owners, on businesses and others, it is just unnecessary paperwork. And I know this is very unusual to come from an Ellis Levin that we are going... we are asking for more and more regulation, for more and more paperwork 44 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 from government, but this is one I think that we have gone too far and we really don't need."
"The Gentleman from DeKalb, Representative Countryman."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I rise in opposition to this Bill, in all due respect to the Sponsor, who is a fine Sponsor and the Chairman of the Judiciary Committee. However, I see really no need for this Bill and I echo the remarks of the prior speaker in indicating that I don't think this is... matter of fact, this is the Paperwork Act, if you want to say it. What we are talking about is these long, lengthy legal descriptions must be added to a document where they really don't need to be added to the document. There is a chance for error. When there is a chance for error, that can lead to confusion. In addition to that, I think a consumer's position is to vote against the Bill, and the reason for that is, many of us go out and finance our real estate, particularly our homes. We get a mortgage. When the release comes through, we really don't want to go out and have to hire a lawyer to make sure the legal description is the same in the release as it was in the original mortgage, and most of us don't have the original mortgage. For that reason, and we have made some pretty stiff penalties. I think it's a $200 fine if the bank doesn't give you the release within 30 days of the loan payoff, the lender has to give you that release and there is big language, big bold type across it that you should record the document. I think a simple document that refers to a document number has done the job for a number of years. Title companies have been able to work with it just fine. I think the law is just fine as it is and I think a good vote is a 'no' vote. Thank you very much." 45 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
May 21, 1986 "Representative Dunn, to close."
"Thank you, Madam Speaker and Ladies and Gentlemen of the House. The purpose of this Bill is to help those of us who borrow money to buy homes, for the most part, and take out a mortgage. When we do that, we hope some day to pay the mortgage off. When the mortgage is paid off, we are entitled to a release. The previous speaker indicated that and there are, because in years past, some lenders were slipshod about providing releases, there was some legislation to tighten that up and this Bill has nothing to do with that. But a release is required to be issued and if... if you took out a loan on your house in 1950 and paid it off in 1960 and now in 1986, you want to sell the house, anyone searching the title to check the title to see whether title is good to your house can go back quickly in the courthouse records and find your mortgage, but if the records are grantor/grantee, which are quite common all... particularly throughout downstate Illinois, then it becomes a difficult matter to find the release to your mortgage because all you have is the mortgage and you must wade through volumes and volumes of material to find that release. What this legislation would require is simply that the lender who lends the money and who prepares the mortgage, the mortgage which has a legal description in it, that when the loan is paid off and the lender gives a release, which is a written document, that the lease have the... the release have the same legal description on it as the mortgage did. The common practice is that when a note is paid off, all the original documents are pulled out of the file and returned to the borrower so the lender must go get the original note and will get the original mortgage, pull it out of the file. There, sitting in front of the lender, is the legal description. All they have to do is 46 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 type it on the release as they issue it and this will... this will greatly facilitate the searching of titles all throughout the State of Illinois. This is a straightforward Bill. It doesn't change any fees. Doesn't add any penalties. Doesn't subtract any penalties. What it does is simply require a legal description and this could be a difficult problem if you had to... if you had to determine what the legal description is or go looking for it, but in front of the lender when the lease is prepared, will be the original mortgage with the very description on it. So, it's a matter of typing and typing will greatly facilitate the searching of titles and I would ask for a favorable vote on this piece of legislation. Thank you very much."
"The question is, 'Shall House Bill 2709 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. This is final passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 64 voting 'aye', 47 voting 'no' and 5 voting 'present', and this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, do you have an announcement for us?"
"There are two errors on today's Calendar that I'd like to point out to you. On page 2 of the Calendar, under Special Orders of Business, Human Services are listed at 4:00 p. m., however, they do not appear later in the Calendar in a group under Third Reading. These Bills are listed in a group on Supplemental Calendar #1, which is now being distributed. Additionally, under State and Local Government, on page 2, under Special Orders of Business, it lists the business to be conducted at 12:00 noon. On page 10 on the Calendar, under House Bills Third Reading, State and Local Government - Special Order of Business, it lists 47 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 the business to be conducted at 4:00 p. m. The 12:00 noon time is the correct time. Thank you."
"Representative Greiman, in the Chair. On page 4 of the Calendar, Special Order of Business - Infrastructure and Community Development, appears House Bill 2879. Mr. Clerk, read the Bill."
"House Bill 2879, a Bill for an Act to amend Sections of the Illinois Enterprise Zone Act. Third Reading of the Bill."
"The Lady from LaSalle, Ms. Breslin."
"Thank you, Mr. Speaker. With... I would ask leave at this time to return this Bill to the Order of Second Reading for the purposes of an Amendment."
"Lady asks leave to return the Bill to the Order of Second Reading. She have leave? You have leave. The Bill is on Second Reading. Mr. Clerk."
"Floor Amendment #1, offered by Representative Ryder."
"The Gentleman from Morgan, Mr. Ryder, on Amendment #1. Withdrawn, Mr. Ryder? Amendment #1 is withdrawn. Further Amendments?"
"Floor Amendment #2, offered by Representative Breslin."
"Lady from LaSalle, Ms. Breslin, on Amendment #2."
"Thank you, Mr. Speaker. Ladies and Gentlemen, Amendment #2 is submitted at the request of the Department of Commerce and Community Affairs. It amends the Bill so that the additional number of enterprise zones that can be certified this year will increase from eight to ten instead of eight to twelve and increases the additional number that can be given in severe economic circumstances from two to three. This is at the specific request of the Department. 48 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 I ask for your agreement on this Amendment."
"The Lady from LaSalle moves for the adoption of Amendment #2 to House Bill 2879. Is there any discussion? There being none, the question is, 'Shall the Amendment be adopted? All in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendment?"
"No further Amendment."
"Third Reading. Lady from LaSalle asks leave of the House to waive Rule 37(c) so this Bill may be heard at this time. Does she have leave? She has leave. Mr. Clerk, read the Bill."
"House Bill 2879, a Bill for an Act to amend Sections of the Illinois Enterprise Zone Act. Third Reading of the Bill."
"The Lady from LaSalle, Ms. Breslin."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, this Bill would authorize the Department of Commerce and Community Affairs to designate ten enterprise zones for this calendar year, plus an additional enterprise zone, should they determine that there is a need for extreme economic circumstances that an additional one be certified this year. This does not change the total number that will be certified. That remains at the number of 48. I would request a favorable Roll Call."
"The Lady from LaSalle moves for the passage of House Bill 2879, and on that, is there any discussion? The Gentleman from DuPage, Mr. McCracken."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates she'll yield for questions."
"Was this requested from DCCA or how did this... how was it initiated?"
"I... Okay, I initially initiated it. DCCA has come to 49 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 me in the past week and suggested that they can certainly support the Bill if it... if it has their Amendment on it. So, it has been amended to suit their purposes."
"Right. Okay, thank you."
"Further discussion? There being none, the question is, 'Shall this Bill pass?' All those in favor signify by voting 'aye', those opposed vote *no. Voting is now open and this is final action. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 110... Ill voting 'aye, none voting 'no', none voting 'present', and this Bill, having received the Constitutional... Mr. Sutker, 'aye'. On this Bill, there are 112 voting'aye", none voting "no", none voting 'present", and this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Special Order of Business - Infrastructure and Community Development, appears House Bill 3115. Mr. Clerk, read the Bill."
"House Bill 3115, a Bill for an Act to amend Sections of the Telecommunications Excise Tax Act. Third Reading of the Bill."
"Gentleman from Cook, Mr. McGann."
"Thank you, Mr. Chairman and Members of the Assembly. House Bill 3115 changes language by removing 'in this state' from Section 3, where it appears after the word 'originating' and after the word 'receiving'. It's a technical change. In cooperation with Representative Vinson last week, we held it off in order to get a fiscal impact. The Department of Revenue has stated there is no associated fiscal impact and I would ask for passage of this Bill, as the other side of the aisle had stated at the time they had no other objections."
"The Gentleman from Cook, Mr. McGann, moves for 50 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 the passage of House Bill 3115, and on that, is there any discussion? The Gentleman from Kendall, Mr. Hastert."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I stand in support of this Bill. It is a technical cleanup from last year and I ask for the support of the House on this Bill."
"Gentleman from Knox, Mr. Hawkinson."
"Thank you, Mr. Speaker. Will the Sponsor yield for a question?"
"Indicates he'll yield for questions."
"Representative, are you indicating that there is no practical impact, we are not going to be taxing a new class of telephone calls with this Bill?"
"It is our understanding and a fiscal note was filed and the Department of Revenue answered there is no fiscal impact."
"Alright, thank you."
"Further discussion? There being none, the question is, "Shall this Bill pass?" All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open and this is final action. Have all voted who wish? Have all voted who wish? Mr. Clerk, Mr. Clerk, take the record. On this question, there are 111 voting 'aye', none voting 'no', none voting 'present'. This Bill, having received the Constitution... Mr. Hastert votes 'aye', after having spoken on the Bill. On this question... there are 112 voting 'aye', none voting 'no', none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. It is the intention of the Chair to move to Special Order of Business of State Budget and Appropriations and to consider those Bills first for which Amendments must be made. And on that Order appears House Bill 2625. Mr. Clerk, on page 5 of the Calendar." 51 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"House Bill 2625, a 3ill for an Act making appropriation to the State Board of Elections. Third Reading of the Bill."
"The Gentleman from Cook, Mr. Leverenz, asks leave of the House to return the Bill to the Order of Second Reading for the purposes of an Amendment. Does the Gentleman have leave? You have leave. Mr. Clerk."
"Floor Amendment #5, offered by Representative Leverenz."
"Gentleman from Cook, Mr. Leverenz, on Amendment #5."
"Mr. Speaker, I think we have to make a Motion to taple Amendments 1 and 4... to adopt... 1, 3 and 4, of which Amendment 5 is technically correcting all of those."
"Okay, the Gentleman From Cook, Mr. Leverenz, moves to table Amendments 1, 3 and 4 to House Bill 2625. Is there any discussion on that? Mr. Mays. Mr. Mays."
"Thank you very much. Will the Gentleman yield for a question, please?"
"Indicates... Now, this is on the Motion to table. This is not on Amendment #5."
"Sure. Correct. That's correct. That's correct."
"Yes, alright. Go ahead."
"Would the Gentleman... this is... Would the Gentleman tell us, please, what Amendment... what the impact, the practical impact of Amendments #1, 3 and 4 were?"
"Sure. Amendment #1, Committee Amendment, was a reduction in retirement to CAS guidelines. Amendment #3 would remove EDP new GRF money requested of $143,000 and Amendment #4 was so-called to correct technical mistakes in Committee Amendment #2, which was tabled by Ropp. That's what 1, 3 and 4 do."
"So then... Okay. Amendment #1 reduced retirement. Why 52 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day was that adopted in Committee?"
May 21, 1986 "Because it was too high. We dropped it to CMS guidelines."
"In deliberating whether to restore or whether to go ahead with the tabling of this Amendment, does Amendment # 5, which will be before us address the retirement funding issue?"
"You are right on the mark."
"Okay. Amendment #3 then, that Amendment, as I recall, reduced the EDP for the State Board of Elections by about $142,000..."
"Forty-three... $143,122, correct."
"Okay, and can you explain the rationale for us adopting Amendment #3?"
"Well, the money, to the best of my knowledge and recollection, was unjustified at that time, which it is now."
"Excuse me. Did you say, 'which it is now'?"
"I'll give you an instant replay. The money was unjustified at the time which it is now... justified."
"I thought it was... there is a question. Mr. Speaker, to the Bill."
"No, to the Motion."
"To the Motion, on the Bill, on the Amendments."
"Proceed."
"Thank you very much. There is a very serious question that we have on the legitimacy of tabling Amendment #3 in particular to this particular budget Bill, especially in view of the thought that Amendment #5 would then completely restore the amount that Amendment #3 took out. We could not find any justification whatever, from a statutory standpoint of this initiative that the State Board of Education... or of Elections has undertaken, and we were 53 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 intent, as I recall, in Appropriations Committee, on funding the EDP for the State Board within the bounds of the statutory prescriptions that we had previously passed last year, but we were not too thrilled about going into new initiatives that were not statutorily directed and it appeared to us at the time that the additional 143,000 in their original budget would do... would start such an encouragant (sic). It was for that reason that we adopted Amendment #3, and to my knowledge, we have not received any additional justification from a statutory standpoint for adding it back in, and so, I think we should oppose the Amendment... the Gentleman's Motion to table, in particular Amendment #3."
"Gentleman from McLean, Mr. Ropp."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Indicates he'll yield for questions."
"Representative, isn't the State Board of Elections an agency that predominantly does exactly what the Legislature authorizes them to do and is not an agency that is somewhat growing because of a power struggle?"
"That's true."
"Okay, well, it seems like the sincere efforts that we made in Committee justified the putting on the Amendments that we put on and I... as I review the Amendment 5 that you are proposing is somewhat of a growth of an agency that really has not statutory authority to grow. And I'm wondering what has brought about this great need of support now for expanding in an area where there is no legislative authority to grow."
"I just disagree with your statement. There is no growth in the agency. We are converting manual records to EDP, I think, is the point."
"This... This is... Is this the same agency that stated 54 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 that you can have a one write in vote and can find yourself being placed on the ballot in the fall?"
"Probably."
"Do they need situation out?" computers that will work that particular
"The computers are for the voter information system. I believe, which was mandated by us. The research library, the candidate filing system, which you utilized this spring, the campaign disclosure system would be a start up of something I support. The inaccessible polling places being on computer, that's required by the Federal Government, and the voting systems and standards that... the test ballot system, I think they adequately explain, to make sure the programs are correct. So, for that reason, I am moving to table 1, 3 and 4 and straighten out the problem of retirement with Amendment #5, which is the... to CMS guidelines."
"As I understand it, the amount of money dealing with the polling place accessibility is about $3,000 and certainly doesn't require the substantial increase that Amendment 5 is being proposed will do, and Ladies and Gentlemen of the House, I see no need to table these two Amendments so that we can expand, through Amendment 5, an agency that does not need to grow at the rate that they are attempting to do under that proposal. And I urge the defeat of this Motion."
"The Gentleman from Dekalb, Mr. Countryman."
"Thank you, Mr... Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I, probably more than anyone on this floor, understand and know the operations of the State Board of Elections. Unfortunately, for the past ten years or so, the State Board of Elections has not had the wherewithal to move ahead in the area of data processing 55 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 and for that reason, I think they have been stymied in their ability to effectively carry out their jobs. I also feel that by adding data processing that they will be able to do the job in the long run with less help and, therefore, in a few years, be able to cut down their personal services. I think the head count has been reduced substantially at the State Board of Elections, and I talked to its Chairman the other day and he indicated to me that they are not in a position to reduce the head count any more at this time. So, I think that the Gentleman's Motions are well-founded and I think that we ought to move the State Board of Elections into the age where data processing is an important tool. We are using it here in the Legislature to produce our documents. We need to bring the State Board of Elections up to snuff by allowing them to do it and I realize that many Members on my side of the aisle oppose it and that I am probably in the minority in the Minority by saying this, but I feel very strongly that we have to give these people the necessary funds to work. Even though we may disagree, and I vehemently disagree with some of the decisions that they have made lately about the write-in votes, and I've told them so. I don't think the appropriate place to deal with that is on their budget Bill, and I have told them that. So, I would ask that you consider the Gentleman's Motions favorably and that we move forward in bringing them out of the dark ages. Thank you."
"The Gentleman from Lee, Mr. Olson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House, I rise in opposition, as Cosponsor of the budget process for the Board of Elections relative to the proposed Amendment #5. The $143,122 was taken out in Committee on a voice vote. As Representative Ropp alluded to earlier, they sought extraordinary increases in their cost of living 56 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 allowance, their pension benefits. I think as we look at the proposed financial squeeze that we are going to be seeing in the State of Illinois in Fiscal '87. I think it would be a good time and a good place for this particular agency to set aside their concern, expressed at this point after we have addressed the issues and the Bills which they came to the EDP, and I would urge the defeat of this Amendment and in an effort to show that some of our state agencies are taking a reasonable look at the potential for revenue next year."
"There being no further discussion, the Gentleman from Cook, Mr. Leverenz, to close."
"Thank you. The Motion is to table Amendment 1, 3 and 4, and it is my intent to straighten out the CMS guidelines for retirement and for the COLA with Amendment #5. It would restore Amendment 23 and that would be to have no Amendment #3, which restores EDP. So, I just ask for an 'aye' vote to the Motion."
"Gentleman from... Question is, 'Shall Amendment... Shall Amendments 1, 3 and 4 be tabled?" All those in favor signify by saying 'aye', those opposed 'no'. In the opinion of the Chair, we ought to have a Roll Call. All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 60... yes, vote Mr. Panayotovich 'aye'. On this question there are 68 voting 'aye', 32... yes, yes, okay. Ms. Flowers votes 'aye'. On this question there are 69... Mr. Vinson. Mr. Vinson, did you want to change your vote? On this question... yes... This question there are 69 voting 'aye', 32 voting 'no', none voting 'present' and Amendments 1, 3 and 4 are tabled. Further Amendments?" 57 STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"Floor Amendment #5, offered by Representative Leverenz."
"The Gentleman from Cook, Mr. Leverenz, on Amendment #5."
"Thank you, Mr. Speaker. The Amendment 5 would reduce retirement by 38,272 and that would reflect a 5.62 percent, consistent with 80B and CMS recommendations for retirement. It would reduce personal services by $4,309, to bring the cost of living increases into line with the same guidelines. I'd move for the adoption of Amendment 5."
"Gentleman from Cook moves for the adoption of Amendment #5 to House Bill 2625. Is there any discussion? There being none, the question is, 'Shall this Amendment be adopted?' All in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. The Gentleman from Cook... Gentleman from Cook, Mr. Leverenz, moves for the waiver of Rule 37(c) so that this Bill may be heard at this time. The Gentleman have leave? Leave is granted. Mr. Clerk, read the Bill."
"House Bill 2625, a Bill for an Act making appropriation to the State Board of Elections. Third Reading of the Bill."
"Gentleman from Cook, Mr. Leverenz."
"Thank you. Mr. Speaker and Ladies and Gentlemen of the House. Now, the budget for the State Board of Elections as introduced was $5,233,000. The new figures reflect $5,047,000 for their total operations with the Amendments that we have just adopted. I'd ask for your aye vote and entertain any questions that you might have on the Bill."
"Gentleman from Cook, Mr. Leverenz, moves for 58 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 the passage of House Bill 2625, and on that, is there any discussion? There being none, the question is, 'Shall this Bill pass?" All in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. This is final action. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 96 voting 'aye', 5 voting 'no', 2 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of House Bills Third Reading appear... Special Order, appears House Bill 2996. Mr. Clerk, read the Bill."
"House Bill 2996, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Department of Public Health. Third Reading of the Bill."
"The Gentleman from Kendall, Mr. Hastert. Mr. Hastert moves... asks leave of the House to return this Bill to the Order of Second Reading. Does Gentleman have leave? You have leave. Mr. Clerk, other Amendments?"
"Floor Amendment #21, offered by Representative Tate."
"Gentleman from Macon, Mr. Tate, on Amendment Tate: #21." "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to adopt Amendment 21. The rationale for my request on this is to add four plumbing inspectors to the Department of Public Health. The reason I am doing this is I think it's absolutely outrageous that currently we have public health that claims that they inspect plumbing jobs in this state. We only have 11 different plumbers for eight different regions in the state. And for those of you that are concerned about the public health and hygiene and safety of your constituents, certainly I think you would 59 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 agree that there are a lot of projects that should be inspected that are overlooked. Those... This was brought to me... brought to my attention by different union contractors that have been concerned about many different jobs, commercial jobs, that have gone uninspected in this state. And I suggest to you that we do either one of two things. We either give the Department of Public Health the jobs to do... to do their job correctly, or we eliminate all the inspectors in Public Health and do... totally abolish the program all together because the job we are currently are doing is not sufficient. I ask for an *aye vote."
"The Gentleman from Macon moves for the adoption of Amendment #21, and on that, is there any discussion? Gentleman from Cook, Mr. Bowman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in opposition to the Gentleman's Motion. Number one, not... not a single dollar for this was requested by the Department of Public Health. They, apparently, feel they can handle the situation adequately as it is. Number two, the issue the Gentleman is so passionately concerned about was not raised in the Committee by any single Member on either side of the aisle. An Amendment was proposed, but the question was not put to the Department of Public Health when they came before us, so if this is such a burning issue, somebody, at least, should have been asking those questions. The Committee rejected the Amendment when it was proposed. It kind of came out of the blue in just the same way this Amendment is coming out of the blue. Number three, the Department right now actually has six inspectors on board, so the Gentleman is proposing an increase of 80 percent, and I believe that this is unwarranted at this time and pending further 60 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 inquiry into the question. So, I rise in opposition to the Gentleman's Amendment."
"There being no further discussion, the... Oh, I'm sorry. Mr. Hastert, the Gentleman from Kendall."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I stand in support of the Gentleman's Amendment. The Gentleman's Amendment came in a need situation. Basically, there's projects being built and we can't get inspectors there to inspect the plumbing. And... It's a situation. I understand there's 14 building inspectors across the state, state-wide. This asks for a small additional number so that we can carry on with the building boom in the State of Illinois. And if you can't get the plumbing inspected, then you can't get the rest of the place... buildings okayed and it's certainly holding up construction and unions and people who are trying to build Illinois back again and I ask for its adoption."
"Gentleman from Macon, Mr. Tate, to close."
"Well, thank you, Mr. Speaker. I'm a little concerned about the former speaker, not the one that just spoke, but from the other side of the aisle. It's generally his role here that... at least he claims that role, to speak for consumers. If you are really concerned about the quality of water, the safety and public health of our consumers, then you would be for this Bill. This Bill was brought to my attention from different union plumbers in this state, from the union plumber contractors in this state. It's a good Bill. It's a good consumer Bill. It protects the safety of the people in this state and I ask for a Roll Call on this, and I encourage a favorable Roll Call."
"Question is, 'Shall this Bill'... I'm sorry. Question is, 'Shall this Amendment be adopted?' All those in favor signify by voting 'aye', those opposed vote 'no'." 61 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 120th Legislative Day Voting is open. Mr. De Jaegher, to explain your vote."
"Thank you. Mr. Chairman. I think that Representative Tate has explained the Amendment quite thoroughly. I think there is definitely a need. Very seldom do I raise in opposition to my Appropriations Chairman, but I feel if we are going to deal with the environment, these additional inspectors are needed and for that particular reason, I encourage an 'aye vote."
"Have all voted who wish? Mr. Clerk, take the record. On this question there are 80 voting... 79 voting 'aye', 28 voting 'no', none voting 'present', and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. The Gentleman from Kendall, Mr. Hastert, asks leave of the House to waive Rule 37(c) so this Bill may be heard at this time. Does Gentleman have leave? Leave is granted. Mr. Clerk, read the Bill."
"House Bill 2996, a Bill for an Act making appropriations for the ordinary and contingent expense for the Department of Public Health and the Governor's Council on Health and Physical Fitness. Third Reading of the Bill."
"The Gentleman from Kendall, Mr. Hastert."
"Thank you... Thank you, Mr. Speaker, Ladies and Gentleman of the House. I bring before you House Bill 2996. It's for the ordinary and contingent expenses of the Illinois Department of Public Health. The total appropriation, which, if you would include Representative Tate's Amendment, is for $214,482,300 plus the $100,000 that we added on a minute ago. I would ask for your adoption of this Bill and would be happy to answer any questions."
"Question is, 'Shall this Bill pass?' All those 62 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open and this is final action. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 103 voting 'aye", 5 voting 'no', none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of House Bills, Special Order of Business State Budget and Appropriations, appears House Bill 2997. Mr. Clerk, read the Bill."
"House Bill 2997, a Bill for an Act making appropriations for the ordinary and contingent expense for the Department of Rehabilitation Services. Third Reading of the Bill."
"The Gentleman from Kendall, Mr. Hastert, asks leave of the House to return this Bill to the Order of Second Reading for an Amendment. Does the Gentleman have leave? Leave is granted. Mr. Clerk."
"Floor Amendment #6, offered by Representative Bowman."
"The Gentleman from Cook, Mr. Bowman, on Amendment #6."
"Thank you, Mr. Speaker. Ladies and Gentleman of the House. With this Amendment, it is my intention to remove some money from the '87 OCE and then it is my further intention to place the same... an identical amount of money into the '86 supplemental budget. Problem is, the Department of Rehabilitation Services needs to clear up some vendor claims for the current year. When they brought their budget into the Appropriations Committee, they included in their... in next year's budget, they included an amount sufficient to clear up some claims for this year and then they had language in their Bill that would permit them to spend next year's appropriation for claims 63 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 generated in this year as well as next year. dell, that flies in the face of our normal budgeting procedures and so, what we did was we took out the language from the caption of the... their appropriation Bill prohibiting them from going back and spending the appropriation for the prior year claims. We left the amount of money constant, and now what I would like to do would be to reduce the amount of money, but put the money in elsewhere. If this Amendment is adopted, my plan would be to proceed to put the money in elsewhere and I would hope the Gentleman from Kendall would support that plan and I see him seeking recognition. I'd appreciate it if he would address himself to that, whether he would support that... the rest of this plan in his remarks. Thank you."
"Gentleman from Cook, Mr. Bowman, has moved for the adoption of Amendment 6 to House Bill 2997, and on that, the Gentleman from Kendall, Mr. Hastert."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I stand in opposition to the Gentleman's Motion. What the Gentleman is trying to do is to move 1.2 million dollars on next year's budget, a budget that is flexible enough to spend that money for possible bills that are coming into next year's budget from... or the 1987 budget from Fiscal Year 1986, wants to move it into this... has plans - he did not talk to me about it, but to move this money out and I understand to move it back into a supplemental that may be before us today. I think the Department has gone through... they put together their budget. They have made the appropriate plans to bill... to pay the bills that are coming forward. I would say that if we adopt this Resolution, it's a very good possibility that next year in November or March or April, we'll have one of those... another one of those supplementals coming down. 64 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 The money goes to entitlement programs, a program that was designated in the courts that we have to fund and we start taking those dollars out, we are going to have to put them in somewhere else down the road. This is another charade to move dollars around so we can end up spending more money and I oppose it."
"Gentleman from Adams, Mr. Mays..."
"Speaker."
"Mr. Bowman, yes, for what purpose do you seek recognition?"
"Yeah, I think I can save us a lot of time by withdrawing this Amendment. I'm trying to help the Department of Rehabilitation Services and I withdraw the Amendment."
"Mr. Bowman withdraws the Amendment. The Amendment is withdrawn. Further Amendments?"
"No further Amendments."
"Third Reading. The Gentleman... Third Reading. Clerk, read the Bill."
"House Bill 2997, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Department of Rehabilitation Services. Third Reading of the Bill."
"The Gentleman from Kendall, Mr. Hastert."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I bring before you House Bill 2997, which is for the ordinary and contingent expenses of the Department of Rehabilitation Services. It's a total of $161,364,100 and ask for your positive action on this Bill."
"Gentleman from Kendall has moved for the passage of House Bill 2997, and on that, is there any discussion? There being none, the question is, 'Shall this Bill pass?' All in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open and this is final 65 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 action. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On Have all voted who wish? this question, there are 111 voting 'aye", none voting "no", none voting 'present. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of House Bills Third Reading, Special Order of Business, appears House Bill 2999. Mr. Clerk... Excuse me, Mr. Clerk, Ms. Barnes asks leave of the House to return this Bill to the Order of Second Reading for the purpose of an Amendment. Does she have leave? Leave is granted. Mr. Clerk, are there Amendments?"
"Floor Amendment #1, offered by Representative Barnes and Hastert."
"Lady from Cook, Ms. Barnes, on Amendment #1."
"Thank you, Mr. Speaker. Amendment #1 to House Bill 2999 is merely a technical Bill. It transfers 50 point... 54.36 million from the Road Fund and this money will be used to complete I-255 and will be reimbursed on a 90 percent basis from the Federal Government as funds are expended."
"The Lady from Cook, Ms. Barnes, moves for the adoption of Amendment 1 to House Bill 2999. Any discussion? Gentleman from Adams, Mr. Mays."
"Thank you very much. Will the Lady yield for a question?"
"Indicates she'll yield for questions."
"Is this the Amendment for a supplemental in this year, which we will then probably reappropriate at some point? And it's split out into the road districts? Thank you very much."
"Further discussion? The Gentleman from St. Clair, Mr. Stephens."
"Mr. Speaker, just to... to add my support to this Amendment. It's an important amount of dollars to be spent by the Federal Government in the southwestern Illinois area 66 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 and I urge an 'aye' vote."
"The Gentleman from Cook, Mr. Leverenz."
"I'm for it, too. We are just simply adding to the reapprop. We have to do it or it will never get spent."
"The question is, 'Shall this Amendment be adopted?" All in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. The Lady from Cook, Ms. Barnes, asks leave of the House to waive Rule 37(c) so this Bill may be heard at this time. Does she have leave? Leave is granted. Mr. Clerk, read the Bill."
"House Bill 2999, a Bill for an Act making certain reappropriations to the Department of Transportation. Third Reading of the Bill."
"Lady from Cook, Ms. Barnes."
"Thank you, Mr. Speaker. House Bill 2999 reappropriates a total of $2,121,344,000 to the Department of Transportation to complete projects previously appropriated. And these are throughout quite a few of the districts; Districts 1, 2, 3, 4, 5, 6, 7, 8, and 9, which covers the entire state. I would ask for an 'aye' vote."
"The Lady from Cook, Ms. Barnes, moves for the passage of House Bill 2999, and on that, is there any discussion? There being none, the question is, 'Shall this Bill pass?' All in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open and this is final action. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting 'aye', none voting 'no', none voting 'present', and this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of House Bills 67 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Third Reading, Special Order of Call... Special Order of Business, appears House Bill 3001. Mr. Hastert, the Gentleman from Kendall, moves that the Bill be returned to the Order of Second Reading for purposes of Amendment. Does the Gentleman have leave? Leave is granted. Mr. Clerk, are there Amendments?"
"Floor Amendment #6, offered by Representative Flowers and Brookins."
"The Lady from Cook, Ms. Flowers, on Amendment #1... I'm sorry, Amendment #6."
"Mr. Speaker and Ladies and Gentlemens of the House, this Amendment provides six months funding for 43 Human Rights Investigative I position in charge of the Processing Division, and I would move for its adoption."
"Lady from Cook, Ms. Flowers, moves for the adoption of Amendment #6 to House Bill 3001, and on that, is there any discussion? The Gentleman from Kendall, Mr. Hastert."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I think we all should focus our attention on House Bill 3001 at this time. The Amendment basically doubles the size of the Department of Human Rights. It doubles... It adds 43 new positions. It doubles the bureaucracy of this Department. It duplicates much of the work that is already being done by Central Management Services. It's a Bill that came out of... so-called a Committee Bill. It's an appropriation for a so-called Committee Bill that came out of hearings sponsored by the Chairman of the Appropriations II Committee. It certainly came down to a rather partisan position. but I think this Bill and this appropriation is completely out of line. It's unneeded and I would ask for your negative vote. And I ask for a Roll Call." 68 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1936
"The... Is there any further discussion? Gentleman from Cook, Mr. Bowman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of the Lady's Amendment. The previous speaker was... well, slightly in error. The bulk of these positions, almost all of them, in fact, have really nothing to do with the Committee Bill that he refers to. About six of them do, but the remainder of the positions have to do with the simple fact that the Department is hopelessly backlogged, that we have, I think, all heard numerous complaints about the Department not dealing with these cases in a prompt, timely fashion. So, we asked the Director of the Department, in Committee, how many people would it take to do the job. The Director gave us a number and we crafted an Amendment on the basis of that number. So, this Amendment reflects a response from the Director to how many positions she would need in order to do the job adequately and eliminate the backlog. We put an Amendment on in Committee and, unfortunately, there was a technical problem with it and that's why we have to go with this Amendment. But the will of the Committee was pretty plainly expressed in the Amendment that they passed out and so this merely corrects the technical problem with an Amendment that was adopted in Committee. So, I ask that everybody on the floor support the Committee. Support the Lady's Amendment."
"Gentleman from Adams, Mr. Mays."
"Thank you very much. Mr. Speaker. I rise in opposition to this Amendment. This is a typical government type Amendment. When you've got an agency that's messing up, you add money to it and you add head count to it and it's going to take care of the problem. Well, it's not going to work. We shouldn't be doing it. It's just like spelling 69 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 relief 'm - o - n - e - y'. We ought to vote 'no' on this Amendment and let the agency clean up its shop before we reward them."
"The Gentleman from Cook, Mr. Brookins."
"Thank you, Mr. Speaker. I rise in support of this Amendment. For three years now, I have been hearing about the backlog of this agency and what they need to clean it up. This is a good agency, it's function and we need to give them the tools so it can become a better and more efficient. And this is what this Amendment does. I rise in support and urge a favorable vote."
"Lady from Cook, Ms. Alexander."
"Thank you, Mr. Speaker. For those Members of this House who was not present in this House at the commencing of the Department of Human Rights, under Senate Bill 1377, there is record in the records of this General Assembly that that agency, when it was commenced and first started would be started with a very minimum, the lowest number of persons in that agency. The promise was made by our Governor, Jim Thompson. that get the agency started and that it would be properly funded and there would be properly employed persons there to adequately take care of the business of this state, with regards to the human rights of this state. It has never, since its inception, received its proper funding level or its proper employment level. Right now, you and I are experiencing problems with this agency due to that underfunding and underemployment problem. We are asking you to support this Amendment, to give this agency a chance to function as other agencies in this city has. We are complaining, but we can do something about the problem right now. I support the Amendment."
"Gentleman from Lake, Mr. Matijevich."
"Mr. Speaker, Ladies and Gentlemen of the House, some 70 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 of us were here when this agency started remember how controversial it was. The agency started, if you recall, with the Bill by Jim Reilly, who is now the Governor's Chief of Staff. I don't think it does any good to make this a political issue. You know, if we are for human rights, if we are for civil rights, one of the ways that you can deter ones civil rights or human rights is not to properly fund an agency and you can... you know, you can sit here and throw millions of dollars, millions of dollars at some other cause or some other agency and say that you are providing jobs or doing something for people, but you are really stepping on people if you don't properly fund an agency that has to do with one's human rights. You know, and I don't... I don't really understand... I really don't understand why someone would like to make this, for example. a black/white issue. I really can't understand that because I, like I'm sure many of you, have had some citizen complaints and then you refer them to the Department of Human Rights and I don't care whether it's a black, whether it's a woman, whether it's some minority, if it is a right that should be looked into, we ought to properly fund that agency. And I really... I just can't hold still for anybody making this Bill... this Amendment a political issue. If you do that, you demean the agency. If you do that, you demean Jim Reilly and what the intent of the agency was when it started. We ought to properly fund it and I wholeheartedly support this Amendment."
"The Gentleman from Morgan, Mr. Ryder."
"Thank you, Mr. Speaker. Since Jim Reilly seemed to be so prominent in the previous discussion on this Amendment, I feel compelled to stand up and indicate that even Representative Reilly, when he was here, was indicating that government needs to be run efficiently and the problem 71 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 that we have at this point is that we are attempting to throw money at a problem that cannot be solved by the manner in which the Amendment is calling for. We are talking about effective and efficient government, not government that becomes a vacuum cleaner for the dollar bills of the taxpayers of Illinois. Let's have effective and efficient government and oppose this Amendment."
"Lady from Cook, As. Braun."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House. I hadn't really intended to speak on this Amendment because, quite frankly, Representative Alexander said it all. For those of you who were not here, and I know there are a number of my colleagues that were here for the big fight on House Bill 13... Senate Bill 1377, for those of you who were not here, that Bill collapsed three agencies into one and those of us, not including myself, frankly, who supported the Bill at the time did so on the basis of the Governor's promise that this new agency would be funded at the same level as the agencies which it replaced. The Governor made a promise to this General Assembly. The Governor made a commitment to the civil rights organizations throughout the state. The Governor made this promise publicly to everybody. This agency has yet to be funded at the level that we were promised. This agency has yet to be able to function because, Representative, it has never had the dollars to do the job. It has a backlog that is greater than the backlog of civil rights agencies in just about any other... I don't know the experience from all the other states, but most other states do a better job of keeping up with the civil rights issues which are brought before it, a better job, certainly, than we have done here in Illinois. The backlog now is what... the backlog now in the agency is tremendous and I'm not going 72 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 to recite the figure that the staffer is trying to give me because I can't follow her finger on the page. But the point is that the backlog has been created and hasn't been solved because there isn't the personnel in the agency to go out and do the job. Now, I don't want to make it a political issue any more than anyone else on this floor does. It should not be a political issue. It is not a Republican issue. It is not a Democrat issue. It is an issue of human rights and whether or not the State of Illinois intends to have its human rights agency function in the way that it was... that it should function and the way that we were promised it would function and in the way that it can function when given the opportunity to do so and the funds to allow it to have the personnel to do so. I encourage your support for this Amendment. We have to get this agency on an even footing, on an even keel. This is the right place to start and I encourage your support for Floor Amendment #6."
"Ms. Flowers, to close. Ms. Flowers, to close."
"Mr. Speaker, Ladies and Gentlemens of the House, the intent of this Amendment is to eliminate the case backlog that this Department has had since its inception in 1980 and the hiring of the additional investigators is needed to help streamline this problem. And I move for its adoption. Thank you."
"Question is, 'Shall Amendment #6 be adopted?' All in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. Gentleman from Cook, Mr. Shaw, one minute to explain your vote. Mr. Shaw."
"Yes, Mr... Thank you, Mr. Speaker and Ladies and Gentlemen of the House. As some previous speaker said, I don't think this is a black and white issue. I think this is a issue that affects all of the people of this state and southern 73 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Illinois as well as Chicago, all over this state. And this is an opportunity for the Governor of this state to put the votes on this Bill to make sure that human rights are protected in this state. But the people on his side of the aisle seem to be... have some problems with protecting the rights of the people of this state."
"Representative Giglio, in the Chair."
"Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. Representative Hulcahey votes "no". On this question, there are 59 voting 'yes'... 58 voting 'yes', 52 voting 'no", none voting present'. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Gentleman asks leave to hear House Bill 3001 for your immediate consideration. Does the Gentleman have leave? Hearing yes, leave is granted. Read the Bill. Mr. Clerk."
"House Bill 3001. a Bill for an Act making appropriations for the ordinary and contingent expense of the Department of Human Rights. Third Reading of the Bill."
"Representative Hastert."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I bring before you House Bill 3001. With the new addition of approximately a half a million dollars on it, it now totals $4,473,277 for the Department of Human Rights. I ask you to consider this Bill."
"Gentleman asks that the House consider House Bill 3001. Any discussion? No discussion. All those in favor signify by voting 'yes', those opposed "no". The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the 74 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 record. On this question, there are 86 voting 'yes', 20 voting 'no', and none voting 'present'. House Bill 3001, having received the Constitutional Majority, is hereby declared passed. Representative Steczo. Is Representative Steczo in the chambers? Representative Steczo, on House Bill 3091. Gentleman asks leave to take back House Bill 3091 to Second Reading for the purpose of an Amendment. Gentleman have leave? Leave is granted. Mr. Clerk, read the Bill."
"Amendment #3, offered by Representative Klemm."
"Representative Flinn... Klemm, I'm sorry. Representative Klemm."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #3 restores supplementary state aid payments to elementary school districts for the coming school year only. If you recall, last year we passed Senate Bill 1267, which allowed supplementary payments to elementary school districts while the General Assembly, in conjunction with the state board and other educators, wrestled with the new state aid formula. As all of you know, the new... the existing state aid formula sunsets in August of 1987, and a new formula will have to be enacted. But last year, when we passed some of the reform legislation, we also ended up reducing some of the state aid reimbursements to the elementary school districts. Since the General Assembly knew we didn't want to harm our elementary school districts and the school children that we are required to educate, we allowed a supplementary amount to be given to them, if they so choose to use a particular type of formula. Again this year, while the State Board of Education is now working on a new formula, while task force from the Members of the House and Senate are working together to create this new state aid formula, the State 75 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 Board has recommended, and many of us agree, that we should allow the supplementary state aid for elementaries to continue one more year while they are wrestling with this state aid formula. It's interesting to note that some Members who have unit districts feel that perhaps this will take monies away from their state aid reimbursement. Others in high school districts would say this may hurt them. But it's interesting to note that the appropriation to the State Board of Education for the general state aid payments are not affected by this Amendment. So, therefore, the passage of this will in no way diminish any amounts that unit districts or high school districts would receive. It is interesting also to see that 74 House districts are affected by this Amendment and I would be... pleased to answer any questions. Otherwise, I would move for its adoption."
"Gentleman has leave to adopt Amendment #3 to House Bill 3091, and on that question, Representative Bowman. Representative Bowman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in opposition to this Amendment. I suppose there is nothing wrong with the Gentleman from proposing to get a few more dollars for his district and a few other districts similarly situated to his own, but in point of fact, we are trying to encourage consolidation and this Amendment, among other things, in effect, bribes districts not to consolidate and I think it's going exactly opposite to the direction the General Assembly would like to go. We want to, at least, to nudge people along and I think they would be more... move with more speed if they did not have a comfortable reason to maintain the status quo. Also, the Gentleman says this doesn't affect the school aid formula. One of the reasons that we were able to put as much money 76 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 into the school aid formula as we did is because we took some money out from some place else, namely here. So, if this Amendment does succeed, I think that I can safely predict that later on in the legislative process, the school aid formula will be reduced. This Amendment does not help Chicago. This Amendment does not help downstate urban districts. It does not help many rural districts. There really are just a handful of districts in the state that this... this Amendment helps. And while I don't fault the Gentleman for trying to help his own district, I do think that we need to look at the bigger picture. This Amendment is not a big picture Amendment. I urge its defeat.
"Further questions? Representative Didrickson, the Lady from Cook."
"Thank you, Mr. Speaker, Members of the House. Any time we talk about the school aid formula, usually people's ears perk up. The former speaker just said that we are trying to encourage school consolidation, and I'd like you all to listen because if we are encouraging school consolidations through the formula prematurely, for 99 of you and I who voted for watering down or just about eliminating school reorganization earlier this year, this Amendment is needed because many of those school districts now that are dual districts are not looking at school reorganization just because of that fact and that initiative that we did earlier this year. But it isn't only a suburban Cook issue, although that means about $5,000,000 to suburban Cook, it's a downstate issue also, to those small rural districts who also have elementary schools down there that are dual districts. This doesn't help high school districts. It doesn't give anything to high school districts who are dual districts. It only 77 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 helps elementary schools, those who have been hurt the hardest by this. Downstate schools, it's worth about 3.3 million dollars. In total, it's worth about 11.9 million dollars. It affects suburban Cook, but it also affects Kane, Will, Lake and DuPage. All we are asking for is one year hold harmless until we get that new formula and then we will seriously be looking at school reorganization. Right now, we have taken a step backwards toward that effort and it's going to be taking a step backwards if we don't pass this Amendment. In my own district, it means $629,000 to the elementary schools. I think you all who represent dual districts ought to be looking very carefully at this. Thank you."
"Further discussion? Representative Hautino."
"Thank you very much. Mr. Speaker. Ladies and Gentlemen of the House, the prior speaker was exactly correct. I stand in support of Amendment #3 because I think everyone took the same position a year ago that said we would not mandate consolidation. We will leave it up to the local committees to provide that input and that direction. This Amendment, which includes the $11,000,000 for the hold harmless provision is the only avenue available to those school districts that are even considering the reorganization position. If, in fact, you oppose this legislation and do not adopt this Amendment, what you are doing is mandating to the school districts that the state, by virtue of the funding proposal, is mandating consolidation whether they like it or not. That's what this Amendment does. This puts back into those elementary school districts the funds necessary to operate while still retaining the reorganization committees to evaluate whether or not they will reorganize. A good Amendment that must be adopted. if, in fact, you are going to maintain the 78 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 elementary school districts. If, in fact, it doesn't help Chicago, and if, in fact, it doesn't help the collar counties, let me tell you who it does help. It helps those small rural school districts who are in dire need of maintaining that funding which they have already budgeted for in this process at the local levei. I stand in support of Amendment #33.
"The Lady from DuPage, Representative Cowlishaw."
"Thank you, Mr. Speaker. I request a Roll Call vote on this Amendment, please."
"Further discussion? Representative Braun."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. One of the problems with talking about the history of a given issue in this General Assembly is that we tend to have short memories. When this shift of dollars was taken up last year, it was my understanding that it was a one year deal only, that there would not be a situation in which we would come back before the school aid formula was revised and seek to piecemeal and patchwork the funding state-wide so as to penalize ог reward one district ог another. The fact of the matter is, this Amendment will represent an $11,000,000 hit on the unit school district. So, if you come from an area that has a unit district, your schools in your area will be hurt by this Amendment. It would be different... it would be different if this were the first time we were taking this issue up, but my recollection of the discussions around this very issue last year at this time was that we had a carved in stone commitment that we would not have an Amendment like Floor Amendment #3 until such time as the school aid formula had been considered in total and some decisions had been made regarding school... formula allocations throughout the state that made sense for the entire State of Illinois. It 79 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 does not help us to get into a tug of war in which we will penalize districts, any district in the state, at the expense of another one, and Amendment #3 does just that and I encourage your opposition to the Amendment."
"Further discussion? Representative Brunsvold."
"Thank you, Mr. Speaker. I also stand in opposition to this Amendment. It was defeated in Committee. 11.9 million dollars, a... an early Christmas present to elementary districts. There is no substantive language for this money. It has not been... or gone through the School Code. It is... going to be taking away from downstate unit districts. 11... of the 11.9 million, over 8 million goes suburban Cook, 3 million to downstate, so I would ask for your opposition to this Amendment."
"Further discussion? Representative Friedrich, the Gentleman from Marion."
"Well, I understand it was stated by... when the money was taken out of this... for this purpose, that, well, we'll force them to go to unit districts. Now, I think that's what's going on anyway and I think you are going to force consolidation. You are going to force everybody to go into unit districts and so on. Well, you people from Chicago aren't involved in this because you don't have that problem. You've already got one district, but we've got the problem downstate and we'd certainly like to have your help once in a while."
"Further discussion? Representative Steczo."
"Thank you, Mr. Speaker, Members of the House. I rise in support of Amendment #3 to House Bill 3091. I think it's important, Mr. Speaker, to look at where we have been over the last 11 or 12 years with the state aid formula to understand what we are trying to do with Amendment #3. When the state aid formula was first passed in 1973 and 80 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day subsequently was... it subsequently wasn't working properly May 21, 1986 was found that it because there was declining enrollment in schools, all of a sudden school districts came back to us and said please help US, please help us because we don't want to lose money. We don't want to be big winners, but hold us harmless so our kids can have a proper education and that we do not lose. Every year, from or that point on, we have been back in the General Assembly dealing with either regions of this state or specific areas of this state where districts, through one circumstance another, would lose money.۰ The General Assembly has always said, although we can't provide that everybody is going to be a winner, we certainly will try to make certain that those districts do not lose. We will hold you harmless under those circumstances. Last year, as part of this, the state aid formula revisions, we gave additional assistance to unit districts. There is no question about that and the dual districts were hurt by that. All we did last year was try to say hold us harmless, make certain that we don't lose any money. And that's all we did last year. opposed to what one of the previous speakers said, it was two As our understanding that we couldn't come in for a year hold harmless, that we had to do it one year at a time and we are attempting to do that with Amendment #3 right now. I think that it's important that we do consider the fact that it's not a unit district versus a dual district question. We are considering the actual educational opportunities of our kids and that should be the most overriding issue that we address here today. Keep in mind also that the $11,000,000 in additional funds that we received last year has now gone into the state aid formula pool of that because a higher than normal share will go to unit districts. They are sharing a disproportionate share, 81 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 we feel, of the money that we got last year as a hold harmless. All we're asking for is just the... out of basic fairness, for us to be able to come back and say give our kids... help us give our kids an education. Strangling them is not the way to do it. Out of all basic fairness, I would... I would urge an 'aye' vote on Amendment #3."
"Representative Klemm, to close."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I think most of the comments that I wanted to make have already been included in the comments for those who support the Bill. Let me clarify some things that were stated in error. This is not a reduction of the general state aid formula, the appropriation. In the present legislation, we have $1,000,826,100 for the state aid payments. This will neither reduce or increase that amount, so therefore, unit districts would not be affected by it. It's interesting that one of the speakers from Chicago has a school district in Evanston that would lose almost $54,000. You know, that's maybe the salary for a couple of teachers that may have to be let out. We find that even districts like the 15th district, $177,000 lost. 18th district, $228,000. The 27th, $130... I could go on and on that this is a bipartisan support, that we will not be taking money away from unit districts. We are just doing it for one more year, not to pull the rug out of elementary educational needs, for one year. I think it's a good Amendment and do ask for your support. Thank you."
"Gentleman asks for the adoption of Amendment #3 to House Bill 3091. All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. Representative Homer. Representative Homer, are you seeking recognition, Sir?"
"Yes, thank you. Mr. Speaker and Ladies and Gentlemen, in 82 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 explanation of vote, I would say that some of us who represent downstate areas have both unit districts and dual districts and the reason that I am voting in favor of this Amendment, in spite of that situation, is that in looking at the application of the state aid formula to the school districts in the area that I represent, even with the Governor's proposed $150,000,000 increase in the formula for this year, my dual elementary districts would end up taking a substantial cut from last year to this year, unless we adopt the hold harmless Amendment and I believe that our first and foremost concern should be the education of those children in those elementary schools. It's not their fault that consolidation is not taking place and yet they are the ones who will suffer the program cuts unless we see fit to adopt this Amendment. It is for one year. The formula will sunset in August of 1987, and I can see no good reason for us not to do the same rationale that we did last year, for one last time, in passing the hold harmless Amendment. So, I'm pleased to see that... that it appears to be passing and I hope that those of you who also have dual districts will, in fact, support the Amendment. Thank you."
"Further discussion? The Lady from Kane, Representative Zwick, one minute to explain your vote."
"Thank you, I think I'll pass it up as long as it's passing. I just urge your support."
"Representative Satterthwaite, one minute to explain her vote."
"Mr. Speaker and Members of the House, the discussion so far has totally ignored the fact that the reason there were adjustments made last year to the formula were, in fact, to erase formal inequities where unit districts had been penalized and gotten a 83 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 disproportionately small share of the distributive aid formula. And so, when the changes were made last year, a one year reprieve was given to the elementary districts. For us to support this Amendment now goes in the face of the reform that we tried to make last year. It, in fact, continues an inequitable process that we tried to address. I think we should be voting 'no' on this Amendment. We should be putting the money instead that we have into either reform measures or into the distributive aid formula without this kind of addressing of an inequity that we tried to eliminate last year."
"Further discussion? Further explanation? Representative Braun. Representative Braun."
"Thank you, Mr. Speaker. I'd like a verification."
"Lady asks to have this Amendment verified. Representative Klemm asks me to poll the absentees. On this question... on this question, Mr. Clerk, take the record. On this question there are 56 voting 'aye", 57 voting 'no', 1 voting 'present'. Representative Klemm."
"Poll of the Absentees."
"Representative Klemm asks for a Poll of the Absentees. Mr. Clerk, poll the absentees."
"Poll of the Absentees. White and Wolf. No further."
"Poll the negative, please. And a verification of the negative votes, Mr. Speaker."
"Representative Kulas asks leave to be verified. Mr. Clerk, proceed with the verification."
"Poll of the negative vote. Alexander. Berrios. Black. Bowman. Braun. Brookins. Brunsvold. Capparelli. Countryman. Cowlishaw. Cullerton. Curran. Currie. Daley. DeLeo. Deuchler. Dunn. Farley. Flowers. Giorgi. Hallock. Hartke. Hasara. Hastert. Hawkinson. 84 120th Legislative Day Hoffman. STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 Johnson. Keane. Kirkland. Koehler. Krska. Kulas. Laurino. LeFlore. Levin. Martinez. Nays. McCracken. McGann. McMaster. McPike. Mulcahey. Nash. Panayotovich. Phelps. Preston. Ronan. Satterthwaite. Shaw. Slater. Tate. Terzich. Tuerk. Turner. Washington. Anthony Young. And Mr. Speaker."
"Questions of the Negative Roll Call. Representative Klemm."
"Representative Hoffman."
"Representative Hoffman. Is Representative Hoffman in the chamber? Mr. Clerk, how is the Gentleman recorded?"
"Gentleman's recorded as voting 'no*."
"Remove the Gentleman from the Roll Call."
"Representative Berrios."
"Representative Berrios. Representative Berrios in the chambers? Representative Berrios. Mr. Clerk, how is the Gentleman recorded?"
"Gentleman's recorded as voting "no"."
"Remove the Gentleman from the Roll Call."
"Representative Johnson."
"Representative Johnson. Representative Johnson. Representative Johnson. How's the Gentleman recorded?"
"The Gentleman's recorded as voting "no"."
"Leave him on. We want to make sure you're voting"
"Representative Farley."
"Representative Farley in the chamber? Representative Farley. How's the Gentleman recorded?"
"Gentleman's recorded as voting 'no'."
"Remove the Gentleman from the Roll Call."
"Representative Ronan."
"Representative Ronan in the chamber? 85 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Representative Ronan? How's the Gentleman recorded?"
"Gentleman's recorded as voting 'no'."
"Remove the Gentleman from the Roll Call."
"Representative Black."
"Representative Black. Representative Black in the chamber? Representative Black in the chambers? How's the Gentleman recorded?"
"Gentleman's recorded as voting 'no'."
"Remove the Gentleman from the Roll Call."
"Representative Giorgi."
"Representative Giorgi. Is Representative Giorgi in the chamber? How's the Gentleman recorded?"
"The Gentleman's recorded as voting 'no'."
"Remove the Gentleman from the Roll Call."
"Representative Panayotovich."
"Representative Panayotovich is at the well here."
"Representative Turner."
"Representative Turner. Representative Turner in the chambers? How's the Gentleman recorded?"
"The Gentleman's recorded as voting 'no'."
"Remove the Gentleman from the Roll Call."
"Representative McCracken."
"Representative McCracken. Representative McCracken is in the chambers, sitting in the chair in back."
"Representative LeFlore."
"Representative LeFlore. Representative LeFlore in the chamber? Gentleman's in the center aisle."
"Representative Tate."
"Representative Tate. Is Representative Tate... He's at the back of the chambers. Representative Wolf, are you seeking recognition? Vote the Gentleman 'aye'. 86 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 Representative Wolf votes 'aye'. Further questions?"
"No further questions."
"No further questions. Representative Braun, are you seeking recognition?"
"To request a verification of the green, of the affirmative vote."
"Representative Braun requests the verification of the affirmative vote. Return Representative Turner to the Roll Call, Mr. Clerk. Return Representative Turner voting 'no' to the Roll Call. Representative Huff, are you seeking recognition? Representative Huff."
"Yes, Mr. Speaker, change my "present" vote to "no", please."
"Change the Gentleman's 'present vote to 'no", Representative Huff. Representative Braun for the... Poll Clerk the affirmative, Mr. Clerk."
"Barger. Barnes. Breslin. Christensen. Churchill. Daniels. Davis. DeJaegher. Didrickson. Ewing. Flinn. Virginia Frederick. Dwight Friedrich. Giglio. Goforth. Greiman. Hannig. Harris. Hensel. Hicks. Homer. Klemm. Kubik. Leverenz. Matijevich. Mautino. McAuliffe. McNamara. O'Connell. Olson. Pangle. Parcells. Parke. B. Pedersen. H. Peterson. Piel. Pullen. Rea. Regan. Richmond. Ropp. Ryder. Saltsman. Stange. Steczo. Stephens. Stern. Sutker. Van Duyne. Vinson. Wait. Weaver. Williamson. Hojcik. Wolf. Wyvetter Younge. And Zwick."
"Representative McCracken. Representative McCracken votes 'aye', Mr. Clerk. Representative Koehler, the Lady from Marshall, seeking recognition? Vote the Lady 'aye'. Representative Piel."
"Leave to be verified. Mr. Speaker."
"Gentleman have leave? Leave is granted. 87 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
Questions of the affirmative. Braun: "Representative Greiman."
"Representative Braun: May 21, 1986 Representative Braun." Representative Greiman. Greiman in the chamber? How's the Gentleman recorded? Yes, he is. He's in the... He's over against the window. "Representative Parke."
"Representative Parke. Representative Parke in the chamber? How's the Gentleman recorded?"
"The Gentleman's recorded as voting 'aye'."
"Remove the Gentleman from the Roll Call."
"Representative Stange."
"Representative Stange. Representative Stange in the middle of the aisle."
"Sorry. Representative Pullen." the chamber?
"Representative Pullen. Representative Pullen in How is the Lady recorded?" "The Lady's recorded as voting 'aye'."
"Remove the Lady from the Roll Call."
"Representative Vinson."
"Vinson? Representative Vinson is in the back talking to Representative Tuerk."
"Representative Christensen."
"Representative Christensen. Christensen in the chamber? He's in his Is Representative chair. Return Representative Parke to the Roll Call, Mr. Clerk."
"Representative Weaver."
"Pardon?"
"Weaver."
"Weaver. Representative Weaver is in his chair."
"None further."
"Representative Pullen. Representative Pullen has returned. Restore Representative Pullen to the Roll Call. Further questions? No further questions, Mr. Clerk, 88 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 take the record. On this question there are 59 voting 'aye, 50 voting "no", none voting "present", and the Amendment is adopted. Further Amendments?"
"Floor Amendment... Floor Amendment #4, offered by Representative Ropp Slater and Richmond."
"Representative Slater, Amendment #4. Ropp? Representative Ropp, Amendment #4."
"Thank you, Mr. Speaker. This Amendment is five million dollars that goes to the Department of Education for grants to be used for agriculture education in the State of Illinois."
"Gentleman asks for the adoption of Amendment #4 to House Bill 3091. Any discussion? All those in favor signify by saying 'aye', those opposed "no". In the opinion of the Chair... in the opinion of the Chair the... In the opinion of the Chair, the 'ayes have it. Further Amendments?"
"No further Amendments."
"Third Reading. Gentleman asks leave for immediate consideration of House Bill 3091. Gentleman have leave? Leave is granted. House Bill 3091. Clerk..."
"House Bill 3091, a Bill for an Act making appropriations to the State Board of Education. Third Reading of the Bill."
"Representative Steczo, on House Bill 3091."
"Thank you, Mr. Speaker, Members of the House. House Bill 3091 contains monies for Fiscal Year 1937 for general state aid, elementary aid, summer school consolidation grants and lab schools. General state aid is at the level of 1.8 billion dollars. We have just added 11.9 million dollars for elementary aid. Summer school at 3.8 million. Consolidation grants at 859,000 dollars. And... and five million through the Amendment that Representative Ropp has 89 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Just... has just added. I would move, at this point, for the passage of House Bill 3091."
"Gentleman asks... move that House Bill 3091 pass. On the question, Representative Mulcahey."
"Will the Sponsor yield for a question. Mr. Speaker?"
"He indicates he will."
"Representative Steczo, what is the budget this year now for gifted education?"
"Representative, I believe gifted is in House Bill 3090."
"Oh, okay. Thank you. Then, I'll ask that question when we get to 3090."
"Further discussion? There being none, the question is, 'Shall House Bill 3091 pass?' All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 115 voting 'yes', 1 voting 'no', none voting 'present'. House Bill 3091, having received the Constitutional Majority, is hereby declared passed."
"Turn me off."
"Representative Pangle, for an introduction."
"Turn me off."
"Thank you, Mr. Speaker. Mr. Clerk, would you read House Resolution 998 please?"
"House Resolution 998, offered by Representative Pangle and Christensen. Whereas, the Irish of Kankakee's Bishop McNamara High School have once again made history repeat itself as they recently won their second Illinois High School Association Class AAA State Football Championship in the past four years; and whereas, this fine team responded well to the superior coaching of Rich *Zunani and his staff by finishing their perfect 14 win 90 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 and no loss season with a resounding 34 to 7 victory over Olympia in the Class AAA State Football Championship game: and whereas, the team spirit, dedication and loyalty to each and every team member has elevated the Irish to legend status in high school football in Illinois and given this exceptional team the strength to set a new record for all classes of play in state championship football games of the 525 net total yards as well as the new AAA Championship game record as follows: 24 first downs, 9 first downs by passing 231 net passing yards team and individual and 142 yards receiving by an individual, and tied Class AAA Championship game records as follows: 3 rushing touchdowns, 2 passing touchdowns and 21 pass attempts; and therefore, the members of this awesome Irish team, their coaches and supporters have learned that spirit, dedication, cooperation and self discipline and hard work can assure great achievements, not only on the football field, but also in whatever they attempt in life; and whereas, this State Championship victory in this great tradition of victories belong not only to the team members and coaches, but also to each of the students attending Bishop McNamara High School, to their parents who care enough to send them and to the very best and to all faculty and staff and alumni of this fine school, all of whom have provided tremendous support for this outstanding team; and whereas. each and every citizen of Illinois should be inspired by the remarkable accomplishments of Bishop McNamara Irish who have undoubtedly competed successfully in any high school football team in Illinois and any other state. Now, therefore, be it resolved by the House of Representatives of the 84th General Assembly of the State of Illinois, that we congratulate each and every team member, coach, assistant coach and team member of the McNamara Irish and 91 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 all past and present teachers, faculty, staff and students of Bishop McNamara High School upon winning the 1985 Illinois High School Association Class AAA State Football Championship. And be it further resolved that a suitable copy of this Preamble and Resolution be sent to each team member, coach, assistant coach, manager of the Irish team and to the principal of Bishop McNamara High School as a token of our respect, admiration and esteem."
"Thank you. Mr. Clerk. I move for the adoption of House Bill 998 (sic House Resolution 998). All in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. At this time I would like to recognize a defeated Representative on the football field, Representative Sam Vinson."
"Thank you, Mr. Speaker. I believe that Representative Ropp and Representative Koehler would probably join me in my sentiments in that the three of us represent the area that is included in the Olympia School District in this state. Olympia was the team that Bishop McNamara beat for that Championship. We hope that Bishop McNamara will be back playing for that Championship next year. We expect Olympia will be. And we look forward to a replay of that game. We also respect the remarkable ability and talent and dedication these young men demonstrated in this process. And if it's not too late, Mr. Speaker, I would suggest that all Members of the General Asse... of the House be added to the sponsorship of the Resolution because of the demonstrated performance and dedication of these gentlemen."
"Thank you, Representative. Thank you. At this time, I would like to, for a brief comment, introduce the principal, Father 'Savella'."
"It's difficult for me to say anything too 92 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day briefly. May 21, 1986 I would like to thank the House for taking time out of your busy deliberations. Maybe this sort of a nice respite from the kinds of things you're doing all day and all night. Want to thank especially Chuck Pangle, Ray Christensen for sponsoring this Resolution. And I think the Representatives spoke very well about us maybe coming back next year. My comment would be, if at first you don't succeed. try, try again. So, we hope that we will be back there playing Olympia. I think it's very important, you know, being a native Chicagoan, politics is always part of my blood, and I would like to be in politics if I weren't in the job I now have, but we can't do that. That was one of my teachers, I think. And I think the reason being is, like you, at least for this nice athletic team, you're involved in winning, you're involved in losing and you're a very competitive lot. I happen to think that you're all winners, because you wouldn't be sitting here if you weren't. We have a tradition down at Kankakee McNamara, which our head coach, Rich Zunani', will talk about in a moment, of a winning tradition. Eleven years he's been our head coach. We've had two State Championships, two second place finishes, and we'll look stronger than ever next year. And that's really due to his able leadership and probably mine, since I'm supposed to be the boss, but it's not really. So, we want to thank you very much for taking this time and I'd like Mr. Rich Zunani', our head coach, to say a word or two."
"Thank you, Father. I want to thank Representative Pangle and Christensen for giving us the opportunity to be here today. I want to thank Father Savella' for giving us the day off school. Again, you know, I want to emphasize the success that we've had at McNamara is because of Father 'Savella's' leadership. 93 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Joyce 'Barbi', our cheerleading sponsor. The cheerleaders were first this last summer in competitions and they are first class. Our coaching staff is excellent. We have... everyone on our staff is very highly qualified and we... most of all, we are successful because of the young men and women in front of us, because of the parents in the balcony and the following that we have. So, I want to thank you again for letting us come to Springfield today and we're going to enjoy our day. Thank you."
"Thank you very much for your time. And, Representative Vinson, we're looking forward, even though we beat you 37 to 4, we're looking forward. Yes, Representative Matijevich."
"Yeah, before Father 'Savella' leaves, I have been confused by the headlines in the Sun-Times. What's his position on Las Vegas nights? Because..."
"I would think it would be the wisdom of the House and the Senate to make that available to us, that we... but make it legal..."
"Hey, I'm with you. Hey, hey."
"See, I'm not a Cardinal. So... and I got to make the money and he doesn't. And it's nice for the little old ladies and things like that."
"You can't get demoted either, can you?"
"No, you can't go much lower unless they make me a member. No. Okay, thank you."
"Giglio in the Chair."
"The House now will recognize the former Dean of the House, Representative DiPrima. Representative DiPrima, for a special announcement."
"Thank you. I have to make this with expediency now, you know. We ain't got much time to go on and you people got a lot of work ahead of you. Now, with deep gratitude 94 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 to Speaker Michael Madigan, who has been very gracious to allow us to continue on with this program. I'm going to try to do the best I can to expedite matters. As a matter of fact, I'm even going to bypass Representative Gordon Ropp with his Pledge of Allegiance, because I know you've done it... you've done it this morning. But, in all... what I want to do is thank each and every one of you for the way you voted and supported all the veterans' legislation and the Constitutional Amendment that will appear on the ballot this coming November and carry that message around to your constituents in your districts and it will help you out. And I'm going to help you out, each and every one of you for what you've done for the veterans. Alright, now, we're going to start our program by calling on Mary Flowers for I am... a 'resitation for 'I am Your Flag". Mary."
"Thank you very much. I am your flag. I was born on June 14, 1777. I am more than just a cloth shaped into a design. I am the refuge of the world's oppressed people. I am the silent senital of freedom. I am the emblem of the greatest sovereign nation on earth. I am the inspiration for which American patriots gave their lives and their fortunes. I have led your sons into battle from Valley Forge to the bloody swamps of Viet Nam. I walk in silence with each of your honored dead to their final resting place beneath the silent white crosses, row upon roW. I have flown through peace and war, strife and prosperity. and amist it all, I have been respected. My red stripes symbolize the blood spilled in defense of this glorious nation. My white stripes symbolize the burning tears shed by Americans who have lost their sons. My blue field is indicative of God's heaven under which I fly. My stars, clustered together, unified fifty states as one for God and 95 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 country. Old Glory is my nickname, and I proudly wave on high. Honor me. Respect me. Defend me with your lives and your fortune. Never let my enemies tear me down from my lofty position, lest I never return. Keep alight the fires of patriotism, strive earnestly for the spirit of democracy, worship Eternal God and keep His Commandments, and I shall remain the bulwark of peace and freedom for all of mankind. I am your Flag.."
"Thank you, Mary. That was really beautiful. Now we'll hear from Kathleen Wojcik who will give us the poem *Memorial Day' which was written by William J. Atcker"."
""Memorial Day. At Gettysburg, at San Juan Hill, in Flander's Fields now all is still, but men still drill and march away like you who made Memorial Day. In Normandy and on Bataan, at Inchon, Quezon and in Iran, selfishly the needs you met and now we know we must not forget, those who fought and those who fell to hear the bell of freedom nell. We crouch beside your graves today, these wreaths of vernal buds to lay. And to you who died for freedom's sake, a pledge to carry on we make. The torch that you so gravely bore shall be our beacon ever more. We pray that by its guiding light, we'll find our course and hold it right. We hope it may, throughout the years, bring an end to blood and tears, for we're a nation proud and free and sometimes it is hard to see, where friendship for our cause abides and where a foe of freedom hides. You have found peace while we still weep and wail our charges we must keep. There'll be no peace until we find a way that's just for all mankind..
"Thank you. Thank you, Kathleen. Now we will hear from Peggy Breslin who will give us her version of "In Flander's Field the Poppies Grow'. Peggy."
""In Flander's Field the poppies blow between the 96 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 crosses, row on row, that mark our place. And in the sky the larks, still bravely singing, fly scarce heard amid the guns below. We are the dead. Short days ago we lived, felt dawn, saw sunset glow, loved and were loved and now we lie in Flander's Fields. Take up our quarrel with the foe. To you from failing hands we throw the torch. be yours to hold it high. If ye break faith with us who die we shall not sleep, though poppies grow in Flander's Fields."
"Thank you, Peggy. Next on the agenda is John O'Connell, a veteran of Viet Nam, which his rememberance of President of John F. Kennedy. John."
"In 1962, President John F. Kennedy was reminded, during a public address, of the old verse scrolled on a sentry box more than 300 years ago. God and the soldier all men adore in time of trouble and no more, for when war is over and all things are righted, God is neglected, the old soldier slighted." Recent events bare out the late President's belief that the more distant time moves from the sound of battle the more dim public memory becomes of the sacrifices exacted at the price for victory and the greater the inclination to challenge the veterans' programs once accepted as just and reasonable."
"Thank you, John. Now we'll hear from Terry Parke with his "Ten Commandments of a Good American'. Terry."
"The Ten Commandments of a Good American. One, love and honor the United States of America. Two, obey its laws and uphold its Constitution. Three, respect its flag and oppose all its enemies. Four, reverance and support of the nation motto "In God We Trust'. Five, cherish and defend liberty and justice for all. Six, oppose discrimination and practice brotherhood. Seven, exercise the right to vote and preserve freedom. Eight, oppose and expose crime, political corruption and indecency. Nine, increase the 97 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 American statute through education. Ten, strive for peace and a free world.."
"Thank you, Terry. Now we'll hear from the quintet comprised of the Poppy Day Belles. Ethel Alexander, Jill Zwick, Hargaret Parcells, Linda Jean Williamson and Karen Hasara will give their rendition of the song titled 'Trees', composed by Joyce Kilmer who was killed in action in World War I."
"We have lost part of our quintet, so the three of Us here have decided to recite it. I will start. I think that I shall never see a poem lovely as a tree, a tree whose hungry mouth is pressed against the earth's sweet flowing breast.*"
"A tree that looks at God all day and lifts her leafy arms to pray, a tree that may in summer wear a nest of robbins in her hair.""
"Upon whose bosom snow has lain, who intimately lives with rain. Poems are made by fools like me, but only God can make a tree.."
"Girls, that was very nice. Now we'll hear from Loleta Didrickson who will recite A Gold Star Mother"."
"The lonely woman comes bringing flowers for the brave, a shining tear appears as she looks down at the grave. The sun softly glistens on the silver in her hair, and her heart is filled with sorrow as she kneels to say a prayer. Many years ago, her son heard his duty called. In the field of battle, a brave soldier gave his all. Now his days will always be without sorrow, without strife. He fought and won our freedom, the price was his life. A gold star is the reminder of the son's outstanding deeds, but can a gold star replace a son's love that every mother needs? Let's guard our freedom wisely, knowing the price was so dear. Remember all the gold star mothers. May they 98 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day never live in fear.." May 21, 1986
"Thank you, Loleta. Now we'll hear "What Memorial Day means to me, by Judy Koehler."
"What Memorial Day means to me. In times of peace, in times of war, men and women of the armed forces have stood ready to protect our ideals of democracy. We will not forget their heroic deeds, for they were done in the name of freedom. We cannot forget their loyalty, for it gave their struggle meaning and kept this nation strong. And we must not forget them. For they gave their lives SO that this nation might live. On Memorial Day, let us pay grateful tribute to those who lived and died SO courageously for their country."
"Thank you, Judy. As you know, Judy's running for the United States Senate. It's a battle of David against Goliath. But, anyway. remember on election day, she's running against my dear friend, Alan Dixon. Alright. Now we'll hear from Jack Davis, who will explain to US, What is a Veteran?' Jack gone? We'll bypass him. We'll go to Carol Braun who will give us her rendition of the song, By Buddy. What? Alright. Well then we'l1 hear from Jane Barnes who will give us her version of "A Star in God's Window".
"Thank you. A Star in God's Window.. It was an early spring evening during the First World War. A father and his four year old son were taking a leisurely stroll through a residential neighborhood. As they walked by a darkened home, little Bobby noticed a service flag in the window with a gold star on a field of white with a red border. "What kind of flag is that, Daddy?", the lad inquired of his father. 'That star means that the people in that home have lost a son in the war. Their boy died for our freedom. A few minutes in the distance over the 99 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 chimney of a house a block away, a twinkling star appeared in the sky. It was the first star of the evening and it caught the attention of the little boy. He looked up at his father and asked, "Daddy, did God lose a son in the war?" Momentarily, the father was at a loss for words, but he looked down at this son, laid his hand on his head and smiled, "Yes, Bobby, God gave up his son so that all people might be free." As we observe Memorial Day in this month of 1986, may we remember the great sacrifices our comrades have made over the years so that we might enjoy the freedoms that are ours. May we remember the valiant deeds they have done for this great United States of America. May we join our fellow voyagers across this great land in paying our respects in tribute for a job well done. May we also remember their families and loved ones that their personal needs may not go unattended, that they may take care of our own in love and esteem. Help us to remember those that may be suffering pain and distress in our various homes and hospitals across this land. May we continue to join hands in working together for this common cause of helping them in their needs. May we share the love and concern of our fallen comrades, as we share the meaning of our freedoms with our children and all fellow citizens in the organized programs of this Memorial Day."
"Thank you, Jane. We will now hear from Jack Davis who will explain, "What is a Veteran?" Jack Davis."
"Well, thank you, Mr. Chairman. This was done by a fellow by the name of O. H. Price and we repeated it for a few years now, but it's so good, I think it deserves repeating again. "What is a Veteran? He's a man who looks the world in the eye and who feels an extra heartbeat when the flag goes by. He's a man who steps a little faster when he hears a military band. He comes from all assorted races, 100 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 sizes and shapes. He's big, he's small, he's short, he's tall. He's the doughboy of World War I, the GI of World War II, Korea and Viet Nam. He's a sailor, a soldier, a flyer and a marine. He's artillery, he's infantry, he's a medic, chemical engineer, armored ordinance, corpsman. He's a Republican, a Democrat and an Independent. He's a plumber, a doctor, salesman, mechanic, farmer, banker. He's a Catholic, he's a Protestant, he's a Jew. He's rich and he's poor and he's in between. He's a man who loves peace because he knows the cost of war. He's a good citizen and a man who knows the price of freedom. He knows that eternal vigilance and preparedness are necessary if freedom is to be preserved. He likes the majesty of American's mountains, the tranquility of her valleys and the bustle of her cities. He's proud of his American heritage. He's alert to the American present and confident of his American future. He likes the legends of America's great, the Washington's and Jefferson's and Lincoln's, Roosevelt's and Truman's, Robert E. Lee's, Stonewall Jackson's, Patton's, Eisenhower's, MacArthur's and all the proud patriots who have marched through America's great history books. He bivouacked at Valley Forge and he charged the hills at Gettysburg, faced the fire at San Juan Hill and stormed the sands of Guadalcanal, slogged through the Marne in France, and swarmed the shore at Omahaw Beach, waded the cold mud of Korea and the steamy jungles of Viet Nam. In the very rear of his secret heart, there's always a tinge of sorrow, a souvenier of sadness for lost and departed comrades. He's a first class fighting man and a citizen soldier and a peace-time leader. He's America's most honored citizen and a member of history's most exclusive fraternity.' And this year, Larry, I think it should be noted, whatever your position is on this, that in 101 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 the recent anti-terrorist campaign in Libya, women were flying on the tankers that refuel the F-lll's from England and were participating in the anti-terrorist campaign."
"Thank you ever so much, Jack. Thanks for informing us of that fact that the women were involved. That's great. Now, the next person, talking about roots, she goes all the way back in excess of 200 years, that's Penny Pullen, who is a member of the Daughters of the American Revolution who will recite 'A Citizen's Creed... or, no, I mean, 'A Republic that has Endured'. Penny Pullen."
"Well, first, General, on a point of personal privilege, I would like to report that I am not that old. And... but I do appreciate your mentioning my DAR membership and I appreciate your being back here, General, to lead us in this fitting commemoration. This is inscribed on a memorial to war dead in Arlington, Virginia. "Not for fame or reward, not for place or for rank, not lured by ambition or goaded by necessity, but in simple obedience to duty as they understood it, these men suffered all, sacrificed all, dared all and died that we might live free.."
"Thank you, Penny. Next on the agenda is 'A Citizens' Creed' to be recited by Barbara Currie. AWOL, okay. We want to expedite this anyway. Helen Satterthwaite will now give us her version of the song "America'. She told me she's in good voice today."
"Sings 'America'."
"Very good. Helen. Now we will have a reading of General Johnny Logan's Order for the first Memorial Day by Mike Weaver. Mike."
""Headquarters, Grand Army of the Republic, Washington, D.C., May 5th, 1868. General Order #11. The 30th day of May, 1868 is designated for the purpose of strewing with flowers or otherwise decorating graves of comrades who died 102 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 in defense of their country during the late rebellion, and those bodies lie in almost every city, village, hamlet churchyard in the land. In this observance, no form or ceremony is prescribed, but posts and comrades will in their own way arrange such fitting services and testimonials of repsect as circumstances may permit. We are organized comrades, as our regulations tell us, for the purpose, among other things, of preserving and strengthening those kind, fraternal feelings which have bound together soldiers, sailors and marines who have united to supress the late rebellion. What can add more to assure this result than by cherishing tenderly the memory of our heroic dead who made their breasts a barricade between our country and its foes? Their soldier lives were the reveille of freedom to a race in chains and their deaths of tatoo of rebellious tyrany in arms. We should guard their graves with sacred vigilance. All that the concentrated wealth and taste of the nation can add to their adornment and their security is but a fitting tribute to the memory of their slain defenders. Let no wanton foot tread rudely on such hallowed grounds. Let pleasant paths invite the coming and going of reverent visitors and fond mourners. Let no vandalism of averse or neglect, no ravages of time testify to the present or to the coming generations that we have forgotten as a people the cost of a free and undivided republic. If other eyes grow dull and other hands slack and other hearts cold in the solemn trust, ours shall keep it well as long as the light and warmth of life remains to us. Let us then at the time appointed gather around their sacred remains and garland the passionless mounds above them with the choicest flowers of springtime. Let us raise above them the dear, old flag they saved from dishonor. Let us, in their solemn 103 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 presence, renew our pledges to aid and assist those whom they have left among us a sacred charge upon the nation's gratitude the soldiers and sailors, widow and orphan. It is the purpose of the Commander in Chief to inaugurate this observance with the hope that it will be kept up from year to year. While the survivor of the war remains to honor the memory of his departed comrades, he earnestly desires the public to call attention to this Order and lend its friendly aid in bringing it to the notice of comrades in all parts of the country in time for simultaneous compliance herewith. John A. Logan, Commander in Chief.""
"Thank you, Mike. Now probably most of you have never noticed. When you entered this hallowed hall, on your upper right hand, that first statue there, that's General John A. Logan. He was Vice President of the United States. He served his country with gallantry. He was responsible for Memorial Day. Getting back to Memorial Day, Bruce Richmond was born and raised in Murphysboro in Illinois. I remember Murphysboro in Tennesee when I was on Tennesee maneuvers, but I never knew we had a Murphysboro here in Illinois. And Bruce is well acquainted, you know, with the memorabilia of General John J. Logan from Murphysboro. Bruce Richmond."
"Thank you. Mr. Chairman. It's true that General John A. Logan was born and was a resident of Murphysboro. And we have...also have a statue there on the smallest state park in the... in the state on the high school grounds. This is entitled "A First Memorial Day'. Memorial Day this year is the Illth national observation of the day. Back in 1868, General John Logan, Commander of the Grand Army of the Republic, the Union Veteran Organization, asked all posts to decorate the graves of Civil War veterans with appropriate ceremonies. Where did he get the notion? Why, 104 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 right down in Carbondale, Illinois. The first Memorial Day of record was held there on Friday, April 27th, 1866. Three vets, 'Ambros Crowl', 'Russel Winchester' and •Jonathon Weisman sparked the idea. They had observed a veteran's widow and three children decorating his grave. Touched by the scene, they soon had plans underway for a community event. In that first Memorial Day Service, more than 200 veterans marched to the cemetery for a program of prayer and speeches. The principle speaker, of course, was General John Logan. Undoubtedly, this experience led to the Proclamation of 1868. Even so, Carbondale has been elbowed aside as the birthplace of Memorial Day. Out in New York, eight days after the Carbondale service, Waterloo held a similar event on May 5th, 1866. More than a hundred years later, Waterloo folks petitioned Congress to recognize their claim as being the first town to hold Memorial Day services. In 1967, Congress passed a Joint Resolution making Waterloo the official birthplace of Memorial Day. You can bet there was some grumbling in Carbondale. Well, that's Congress - a hundred years late and a hundred percent wrong. In truth, in truth, no one knows exactly where it all began. Many communities probably held observances before John Logan's Proclamation to Union veterans that extended the event through the North. Meanwhile, in the South, communities began to honor the Confederate dead. Nationally, the day is now dedicated to the dead of all wars and officially designated as *Prayer for Peace Memorial Day'. However, in the South, some states still observe Confederate Memorial Day. This year, we've seen... or will see five Memorial Days, the official national day on May the 29th and Confederate Memorial Day on April 30th in Alabama and Mississippi; April 25th in Florida and Georgia; May the 9th in the 105 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Carolina's: May the 29th in Virginia. we're May 21, 1986 Whatever the dates, giving credit for the first observance of record to good, old Carbondale where the home folks will mark the day the 113th time."
"Thank you, Bruce. Alright. Now, I want to thank all of you for the donations you made toward the Poppy Day Program. As you know, those monies go back to the disabled veterans in the hospitals. Thank you ever SO much. And now we're going to close - those of you that are in your offices, get back to your battle stations. We're going to close with Dave 'Digger' Phelps who's going to give us his arrangement of 'God Bless America". Dave Phelps."
"I thought it might be appropriate that if we all would stand maybe in on this final note that would be good. If you all would join me in 'God Bless America'. Sings."
"Thank you. Thank you."
"Thank you, Larry. Hill the Members please return to the chambers?"
"Contin... Representative McPike in the Chair. Continuing on the Special Order, Third Reading Bills that need Amendments, appears House Bill 3165. Representative Bowman. Representative Leverenz."
"... on a second. Sorry."
"3165. House Bill 3165. Mr...."
"I'd like to return that to the Order of Second Reading of purpose of Amendment."
"The Gentleman asks leave to return it to Second Reading for purposes of Amendment. Are there any objections? Hearing none, leave is granted. House Bill 3165, Second Reading. Mr. Clerk."
"Floor Amendment #6, Laurino."
"Representative Laurino, Amendment #6."
"Thank you, Mr. Chairman. Amendment #6 is a small 106 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 matter that was overlooked in the Department of Mental Health's budget for paying a small bill to a boiler company that did work at Reed Mental Health Center, and it's over a year and a half old. And I talked to the people from Mental Health and they had no objections to putting this in their supplemental. So, I ask for approval of Amendment #6 to House Bill 3165."
"The Gentleman moves for the adoption of Amendment #6. On that, the Gentleman from Kendall, Representative Hastert."
"A question of the... Mr. Speaker, a question of the Sponsor."
"He indicates he'll yield."
"Don't those bills that are usually over a year old go to the Court of Claims?"
"Sometimes they do, but this man's been waiting over a year and a half for him money, and it was a problem with the Mental Health personnel that somehow messed up the paperwork for it. And it will take another year for the Court of Claims to get the money, and I think the gentleman deserves this. It's not a large amount of money. It's for 9400 dollars."
"Further discussion? Being none, the question is, *Shall Amendment #6 be adopted?* All those in favor signify by saying 'aye', opposed 'no'. The ayes have it, and the Amendment's adopted. Further Amendments?"
"Floor Amendment #7, offered by Representative Steczo."
"Representative Steczo, Amendment #7."
"Thank you, Mr. Speaker, Members of the House. House... Amendment #7 to House Bill 3165 appropriates 4000 dollars to the educational service region of Cook County for expenses that were incurred in the hearings of the LeMont 107 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 School District 113 and Bromberek School District 65 hearings on school reorganization. In most instances in the School Code, when districts are to combine, the petitioners cover the cost, but Section 11(8) under which these hearings were conducted is unique and there is no reimbursement mechanism provided. So, I would move for the adoption of Amendment #7."
"Gentleman moves for the adoption of Amendment #7. Is there any discussion? Being none, the question is, 'Shall Amendment #7 be adopted?' All those in favor signify by saying 'aye', opposed 'no'. The 'ayes have it, and the Amendment's adopted. Further Amendments?"
"Floor Amendment #8, offered by Representative Tate."
"Representative Tate. Gentleman on the Floor? Representative Hastert, did you want to handle that for him?"
"I would move to withdraw the Amendment."
"Amendment #8 is withdrawn. Further Amendments?"
"Floor Amendment #9, offered by Representative Currie."
"Representative... Representative Currie. Lady withdraws Amendment #9. Further Amendments?"
"Floor Amendment #10, offered by Representative Hartke."
"Representative Hartke, Amendment #10."
"Thank you very much. Members of the House. Mr. Speaker. Amendment #10 adds a four million dollar appropriation for the City of Effingham for a water treatment plant. I move for its adoption."
"Gentleman moves for the adoption of Amendment #10. And on that, the Gentleman from Kendall, Representative Hastert." 108 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
"Thank you, Mr. May 21, 1986 Speaker, Ladies and Gentlemen of the House. I move to oppose this Amendment. The Amendment is a four million dollar appropriation for a sewer program for Effingham. I think we probably all would like to put on a four or five million dollar project for our own district. There's channels to go through. There's projects to go through. There's, you know, all the red tape that all of the rest of us go through when we try to put that on for our district. And I think this is kind of an end run. All due repect to the author... to the Sponsor of this Amendment, but, you know, this money comes out of General Revenue funds. And let's not kid ourselves. Where are the bucks coming from? And I think we ought to oppose that Amendment."
"Gentleman from Cook, Representative Bowman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of the Gentleman's Motion. The last speaker was in error when he indicated this is a sewer project. It is not. It is a water treatment plant. This is essential for the economic development of that region, and I think that we should all be in favor of economic development. So, I'm happy to support the Gentleman's Motion."
"The Gentleman from Adams, Representative Mays."
"Thank you very much, Mr. Speaker. Will the Gentleman yield for a question?"
"He indicates he will."
"We're asking for four million under this Amendment. How much is the City of Effingham coming up with on this project?"
"They'll be expending about 2.5 million dollars."
"And will that complete the project, or is that going to leave some loose ends or what?" 109 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
"No, that should complete the project." Mays:
"So, May 21, 1986 you're going to have two and a half million from the City of Effingham to build this. They currently have a water treatment plant, don't they?" "They do, and it's 70 years old and it provides water for seven... excuse me, five different communities. They've turned down I think the community of Shumway for water because they could not furnish the portable water for them."
"Can you tell me what state... or what stage of Hartke: construction this project is in right now?" "Right now they're working on a water transmission line from Lake Sara to CIPS Lake to bring the water down to the Effingham area."
"Well, thank you very much. Can you envision them expending four million dollars prior to September, which this supplemental is for 1986, Fiscal Year '86. I can't understand, number one, why this is on... Let me speak to the Bill."
"Proceed."
"Or the Amendment. To the Bill."
"To the Amendment. Proceed."
"Ladies and Gentlemen of the House, I just can't see why we would have this Amendment to this supplemental for a Fiscal '86 expenditure when, indeed, probably the bulk of the project will not be completed or contracted even by the period of time involved. It would seem to me that it would be much more appropriate, if it's appropriated at all, for this type of a measure to be adopted, it would be to the Fiscal '87 budget. And for that reason, I would oppose this request. We shouldn't be cluttering up a much needed supplemenal with all sorts of different Amendments parochial in nature. Thank you very much." 110 STATE OF ILLINOIS 84th GENERAL AS SEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"Representative Hartke, to close."
"I'd just ask for your support for Amendment $10 for economic development for southeastern Illinois."
"The Gentleman moves for the adoption of Amendment #10. All those in favor signify by voting 'aye", opposed vote "no". Have all voted? Have all voted who wish? Clerk will take the record. On this Amendment there are 64 'ayes', 42 'nos', 1 voting 'present', and the Amendment's adopted. Further Amendments?"
"Floor Amendment #11, offered by Representative Matijevich."
"Representative Matijevich."
"Mr. Speaker and Ladies and Gentlemen of the House, Amendment #ll to House Bill 3165 is not an increase, it's a transfer within the budget of the Supreme Court and allows for 308,000 in GRF to the Supreme Court retirement to recoup unexpected cuts in that line item. And I move for the adoption of Amendment #11."
"Gentleman moves for the adoption of Amendment #11. Any discussion? Being none, the question is, 'Shall Amendment #ll be adopted?" All those in favor signify by saying 'aye, opposed *no". The 'ayes have it, and the Amendment's adopted. Further Amendments?"
"Floor Amendment #12, offered by Representative Currie."
"Representative Currie."
"Thank you, Mr. Speaker and Members of the House. Amendment 12 was recommended by the Comptroller to clarify the purposes for which the Illinois Public Broadcasting Council could spend money we appropriated to them last year. There is no dollar change in either that budget or the underlying Bill, House Bill 3165. Happy to answer your questions. I'd appreciate your support." 111 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"The Lady moves for the adoption of Amendment #12. And on that, the Gentleman from Kendall, Representative Hastert."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Would the Sponsor yield?"
"She will."
"Representative, what does... you went through this pretty quick in your, you know, dimunitive voice. I didn't quite hear everything you said. But do you actually kind of liberalize the spending? Do you allow them to spend money in different ways in this Amendment?"
"Representative, the Amendment was suggested by the Comptroller's office. It does expand the ways in which that money can be spent so that, for example, equipment can be leased rather than bought if that is more cost effective a way of spending the money and the language clarifies that the money can be spent for planning and delivery and installation services as well as the equipment itself."
"They have..."
"So, it does not expand the... the ultimate purposes for which the money will be spent, but it clarifies the ways in which they can spend the money."
"Are they having trouble spending the money they have now?"
"The problem is that the way the... as I understand it, the Comptroller recommended this change because it was SO restrictive that they weren't able to... if they bought equipment, they wouldn't be able to install it or have the equipment delivered. They were locked into buying even if leasing might have been a more cost effective approach."
"So, it doesn't affect buying so much as it does affect leasing. It now allows them to lease."
"And... well, it also... If they were to buy, under the 112 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 original wording that we adopted a year ago, the Comptroller tells us they would have had no money available to Install or deliver. to transport the equipment they bought. And it strikes me that it's probably not really good, sensible government to buy a piece of equipment which then must stay on the showroom floor rather than be able to use it here in the Capitol where it was intended."
"Well, thank you, and to the Amendment, Mr. Speaker. You know, I just looked at this Amendment. We put language in place and very carefully tried to draft language last year that allowed people to purchase equipment to use that equipment. Now we're trying to open that language up to... for leases and a greater variety of ways to spend money. I'm not completely familiar with this Amendment. I just saw it. It just came across my desk. But it just looks like we're just opening up ways to spend money. I think we find a lot of ways to spend money in the State of Illinois. And I think we ought to continue to keep tight restraints on how that money is going to be spent. I ask for a "no" vote on this Amendment."
"The Gentleman from DuPage, Representative McCracken."
"Thank you. Mr. Speaker. Will the Sponsor yield?"
"She will."
"Representative, what... what type of planning does the Bill contemplate as a related service to the purchase or lease of equipment?"
"Well..."
"What... what are you talking about?"
"I'm not familiar, Representative McCracken, with all the specifics, but my understanding is that that language was recommended by the Comptroller so that if they were to plan where, for example, to put a piece of equipment, how, for 113 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 example, to hook up such a piece of equipment, they would be able to do so. They being the Illinois Public Broadcast Council."
"And they are currently prohibited from making such Currie: planning?" "This language was suggested to us by the Comptroller of the State of Illinois who has responsibility to see to it that bonds are spent in ways clearly authorized by action of this General Assembly. The..."
"My question to you is, does the planning... is the planning, if it's conducted by an employee of the organization, is that something that they're not authorized to do now? I'm just asking to get a feel for what this language refers to."
"Our understanding when we passed the Bill last year was that they would be authorized to do this planning themselves with their own employees, but that the Comptroller wants this kind of language so that he can pay the bill."
"I rise in opposition to the Bill as well. This is... this is not merely some clarification language. Planning by an employee is something obviously within the scope of the present Bill and doesn't need any clarification. conclusion, therefore, has to be that this is an explicit expansion on powers which were carefully crafted only a year ago. And this is an unwarranted expansion of those powers. And I oppose the Bill as well." discussion? Representative Currie, to
"Further Currie: close." "Thank you, Mr. Speaker, Members of the House. It's a simple, straight forward Amendment... Amendment recommended to us by the Comptroller of this state. It is not an Amendment to expand authorities that Assembly did not 114 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 intend to give this Council a year ago. Merely to clarify to refine - in fact, to restrain the operation of the Public Broadcast Council. I urge your support for Amendment 12 to House Bill 3165."
"The Lady moves for the adoption of Amendment #12. All those in favor of the Amendment signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Amendment there ae 61 'ayes', 51 'nos'. The Amendment's adopted. Further Amendments?"
"Floor Amendment #13."
"Is there a Sponsor to the Amendment? Mr. Clerk, do you have a Sponsor to the Amendment. Would anyone like to Sponsor this Amendment? Representative Hoffman, would you? Representative Hoffman, Amendment #13."
"Thank you, Mr. Speaker. I withdraw Amendment #13."
"Further Amendments?"
"Floor Amendment #14, offered by Representative Bowman."
"Representative Bowman."
"I ask leave to withdraw Amendment 14."
"Gentleman withdraws Amendment #14. Further Amendments?"
"Floor Amendment #15, offered by Representative Hastert."
"Representative Hastert, Amendment #15."
"I move to withdraw #15."
"Gentlemen withdraws Amendment #15. Further Amendments?"
"Floor Amendment #16, offered by Representative Madigan and Leverenz."
"Representative Leverenz."
"Thank you, Mr. Speaker. Amendment #16 would 115 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 appropriate 500,000 dollars to the Tourism Promotion Fund for the development of trade to the Chicago Convention and Visitors' Bureau. I would move for the adoption of the Amendment."
"Gentleman moves for the adoption of Amendment #16. Any discussion? Being none, the question is, 'Shall Amendment #16 be adopted?' All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it, and the Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Page four of the Calendar, House Bills Third Reading, House Bill 444, Representative Younge. Mr. Clerk."
"House Bill... On page four, House Bill 444, a Bill for an Act making appropriations to the Department of Public Aid. Third Reading of the Bill."
"The Lady from St. Clair, Representative Younge."
"Thank you very much, Mr. Speaker and Members of the House. House Bill 444 would appropriate two million dollars to the Department of Public Aid for supplemental assistance to recipients of public aid families to buy shares in Illinois Community Development Finance Corporation and cooperatives or other forms of business enterprise in which they would be guaranteed employment. House Bill 444 would appropriate the funds for about 600 of such persons who are now on relief or are drawing aid to dependent children to have available a lump sum of money that would be used to purchase these shares and to go into business. The Community Development Finance Corporation was signed into law about two years ago and it has a provision for the purchase of ten million dollars worth of shares by private individuals at ten dollars a share. The Governor has not at time time appointed the Board or set up 116 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 the Corporation, but I feel that one of the uses of this Corporation would be to help groups of formerly welfare recipients to development their business plans and to form various types of businesses so that they could leave the welfare rolls and go into private, gainful employment through entrepreneurship development. This Bill would call for a small demonstration on this subject matter and I think it is very important to do. Right now, under the Aid to Dependent Children Programs, we have business development programs for refugees who come into the United States, and they can receive loans in order to set up businesses. But a person who is an American citizen who finds himself on the welfare rolls cannot receive this same opportunity. And I think that this is a way of sending out a different message to persons who have money hardships and find themselves on the rolls. The message is that we're trying to help people become self sufficient rather than be dependents of the state. We're trying to move towards gainful, private employment. We're trying to help people set up businesses where they employ themselves and other people. And I think that this change of policy is expressed in this Bill. And, therefore, I ask you to support this Bill because it will help lead people to be self sufficient and independent, and that's the kind of people we want."
"The Lady moves for the passage of House Bill 444. And on that, the Gentleman from Morgan, Representative Ryder. Representative Braun, in the Chair."
"Thank you, Madam Speaker. Would the Representative yield for questions?"
"Yes."
"She indicates she will."
"Thank you. Representative, what's the total cost of this 117 STATE OF ILLINOIS 84th GENERAL AS SEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day appropriation?" May 21, 1986
"It is a small appropriation of two million dollars. It would... "
"I'm sorry, did you say two million dollars, Ma'am?"
"Yes. Some 600 persons..."
"Thank you."
"... would be able to make a small loan of some 300 dollars... or 3000 dollars from the Department of Public Aid and that loan would be repaid back out of salaries that they make or out of profits that they make in reference to their business activities. So, it's an investment in people rather than a grant, which is our present policy."
"Representative, is this part of the Illinois Community Development Finance Corporation which was established last year?"
"One of the forms of investments that could be made would be that the recipient would be able to buy stock in the Illinois Community Development Corporation."
"And my understanding that when that legislation was passed last year, that that was to aid economic development programs in the metro east area?"
"No. the Illinois Community Development Finance Corporation is a statewide Bill, and it would aid economic development in all depressed areas all over Illinois, not just the East St. Louis area."
"Have those depressed areas been defined or listed?"
"Yes, yes. In the Bill, the depressed areas are defined as areas with very high unemployment and areas with low capital accounts in banks or areas that are in need of economic development activities. This Bill, Representative Ryder, is an effort to bring together our economic development programs to assist people who are on public aid who need prior gainful employment, particularly in 118 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day businesses."
"And, Representative, May 21, 1986 it's my understanding that the companion substantive Bill to this Act is House Bill 442?"
"The substantive Bill is the Community Development Finance Corporation which is on the books and signed into law."
"No, I mean the substantive Bill for the Representative. appropriations. You've developed a corporation which is a shell corporation because it has no money."
"Yes."
"At this point you're attempting to create a means of funding that, but you're not doing it directly. You're attempting to do it by purchasing shares. and it's my understanding that the companion substantive Bill that would allow you to do this failed in Committee."
"The other substantive Bill is Public Act 82-1050 which was signed into law in 1982 and is now on the books creating the Illinois Community Development Finance Corporation."
"I'm well aware that that Corporation has been established, but what you're asking to do in this situation is to require the Department of Public Aid to give supplemental assistance so that people can purchase shares of stock in that Corporation. And I'm asking you if that substantive Bill for this appropriation is on the books. It's my understanding that it is not."
"The Illinois Community Development Finance Corporation Bill is already on the books. This Bill that we're discussing now, House BIll 444, would allow the Department of Public Aid to make loans to people who wish to be gainfully privately employed rather than to be on public welfare."
"Thank you. Madam Speaker, to the Bill." 119 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 120th Legislative Day
"Proceed."
"Thank you. I rise in opposition to this two million dollar bequest. The Representative has indicated that this allows the Department of Public Aid to make loans to people to buy shares of stock in a corporation which, at this point. is a shell corporation without intent or purpose or activity. It's a means by which you take money from public aid and you put it into another organization when that organization couldn't get the money in the first place. The... We're talking about two million dollars. We're talking about a program that does not have controls, a program that does not have reasons for being. We're talking about spending two million dollars out of the Department of Public Aid when we can spend that money much better with much better controls and in a manner in which it can do much more good than allowing this other corporation, whatever it may be, to have some say in the manner in which it's spent. It is not the best way for us to spend two million dollars. It's not the best way for that two million dollars to work for the people of Illinois. And it is not the best way for that two million dollars to help those people which the Sponsor indicates and I think her intent is understood and I'm not questioning that but it's not the best way to accomplish that purpose. And I oppose the Bill."
"Is there further discussion? The Chair recognizes the Gentleman from St. Clair, Representative Stephens."
"Will the Lady yield?"
"She indicates she will."
"Representative, when you get the shares let's assume that the loan is made and the shares are granted are they like any other corporation shares in the State of 120 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Illinois?"
"These shares shareholder, Corporation. Stephens:
"Okay." would guarantee the person May 21, 1986 who was a a job in gainful employment in the particular These shares..." "... would guarantee that the person would be able to be a part of a cooperative and would be able to work and earn salary and would be able to pay the loan back SO that it could be... this two million dollars could become a revolving fund so that other recipients would be able to participate and move from welfare to private, gainful employment."
"Well, my question was, are these shares like other shares of corporations in the State of Illinois? In reference to the shares, not their purpose. The shares. Are you issued a certificate?"
"Yes, there would be a certificate."
"Okay. Are they negotiable?"
"Ordinarily, a share of stock, as you know, entitles a person to dividends. The difference here is that this share will entitle a person to work in the particular establishment and, therefore, introduce into Illinois a new policy as to what we are going to do for people with money hardships, that we're going to make available an opportunity to work and to become self sufficient and to be gainfully employed. And what this Bill does is introduce that policy and that message: rather than the fact that we're going to take care of people, that we're going to extend the hand of fellowship from the standpoint of gainful, private employment and that that's what we want people to be and do and that's what people want in this state."
"Well, back to the shares. Are they not... they don't 121 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 pay any dividends. They just allow the person to work in that co-op. And what are those co-ops, by the way?"
"The Depart..."
"You mentioned co-ops."
"Yes. What are the co-ops? In other countries and in other places, they're bakeries, they're..."
"No, what are they in Illinois?"
"The co-ops have to be created."
"They have not yet been created, but we're going to... these..."
"They have not yet been created. The Department of Public Aid would help to do the feasibility studies and the business plans and set up cooperatives and other businesses that are successful. This would be done in conjunction with the Community Development Finance Corporation whose task it is to provide that technical assistance."
"These nonexistent co-ops, we're going to sell... make loans so that people can buy shares in these nonexistent co-ops. After they've bought the shares, can they sell those shares? Could I buy them... one then? Are they negotiable or not?"
"After the aid recipient has repaid the loan, of course, the share belongs to him and, after he retires from the business, then the co-op would purchase the share back."
"Under what terms will they be repaying this loan?"
"The Department of Public Aid would be able to establish the terms dependent upon what the salary was or what the benefit in terms of a reasonable amount for the person to live on and then a repayment plan, a reasonable... I don't... I don't..."
"So, the..."
"I don't believe that it is our... it is appropriate for us to set the specific terms, but that the situation should 122 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 120th Legislative Day govern that."
"So, the Department of Public Aid, I guess, if I understand this correctly, will be getting further involved in the decision making process, the economic decisions that these people make. It's going to help them make the decision whether or not to borrow this money so that they can buy shares in these nonexistent co-ops without a Board of Directors. And then the Department's going to tell them, the recipients, "Well this is the way we're going to make you repay the loan. We'll make the decisions for you." What happens, by the way, if the co-op fails. Is... is there... what does the state do? Do these people... Are they obliged? Will they lose their homes, their cars or what?"
"The... First of all, Representative Stephens, buying shares in a co-op is only one of the avenues that are a way that this could be done. The particular... With all business activity, there is a possibility of failure and there is also a possibility of success. But I think that if careful feasibility studies are made, if careful market analysis are made, there would be a higher guarantee of the viability of the businesses, and I think that is the path or the road that we should go down in order to try to stimulate an economy in those places that the total economy now is welfare. I think that we need to turn down a different road of trying to help people to become self reliant and to be privately employed. I think we have to take this first step, and I believe that this Bill takes that first step, which is the step towards a... a sound economy policy, rather than just the assumption of what we're going to do is continue to take care of people. The details of new programs have to be made out. What our job here is to do is to set policy, to say, 'This is what we 123 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 want you to do. We want you to take this idea and implement it. We want you to make it grow and develop and make it successful. What we are doing here in this Bill is to set the policy of if a person and we know that five percent of all of our people, including welfare people, have entrepreneural skills and we know that just like in our area, Representative, we have lost 55,000 manufacturing jobs over the last 20 years. Many of those large manufacturing firms could have been regrouped into smaller manufacturing and service types of businesses. I have seen one person after another who lost their job as a result of a plant closing wither and die and go down to nothing because there wasn't available the possibility of a job. We're in a period now where half the jobs that exist today will be nonexistent by the year of 2000 and we, as a General Assembly, have to adopt a new policy, a new direction. That's new direction is offering in addition to welfare people to go into business who have entrepreneural skills SO that we could have some job creation so that people can work rather than being on welfare. And that is what our people want."
"Alright. Madam Speaker, to the Bill. The... I think that the last thing that the people in the metro east area of southwestern Illinois need is to think that those 55,000 manufacturing jobs that indeed have been lost in that area, that have been... that East St. Louis is a perfect example of too much government that ran business out of the community. The last thing that they want to dream about is being... having those good jobs that were run out of the state in the metro east area replaced by working for 3000 dollars in shares in a co-op. That's absolutely ridiculous. I stand in opposition to this Bill. It's inappropriate use of public aid funds and, in my mind, totally unnecessary. 124 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 It is going down a new path. It's more public intervention into private life. If you want to stimulate the economy in the metro east area, let's quit talking about more government programs in East St. Louis and more jobs for the people who are willing to work and not even walk down to the welfare rolls. Thank you."
"The Chair recog... Is there further discussion? The Chair recognizes the Gentleman from St. Clair, Representative Flinn. Representative Flinn."
"Madam Chairman, I'd like to yield my ten minutes to Representative Younge."
"Thank you, Representative Flinn. Is there further discussion? The Chair recognizes the Gentleman from Kendall, Representative Hastert."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. You know, what we have here, and I think you ought to pay attention because we're going to set the tone for the rest of this afternoon - we have about ten billion dollars in appropriations that are going to come down the pike. You're going to have to make decisions on what you can't spend and what you can spend. What we have here is a two million dollar appropriation for people... not for people, but for a straw Corporation that, if this money will flow into that Corporation, the people get stock, the people don't get the money. And maybe they'll get jobs and maybe they won't get jobs. And we talk about losing 55,000 jobs. I can bet the reason we lost part of those jobs is because companies close and they weren't there anymore. They weren't there anymore because they were taxed out of existence. And this is exactly what we're doing. We can lay billions and billions and billions of dollars on the taxpayers' back for programs that aren't even in existence for substantive Bills that aren't even in existence. And 125 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day this is just another example. It's a appropriation two May 21, 1986 million dollar for something that doesn't exist, something that will never exist, something that's a sham. something that's a fairy tale that people want to believe in but will never happen. And it's a waste. And I think it ought to deserve a 'no' vote"
"Is there further discussion? The Chair recognizes the Gentleman from Cook, Representative Kubik."
"Madam Speaker, I move the previous question."
"Gentleman moves the previous question. Question is, 'Shall the previous question be put?' All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the previous question is put. The Lady from St. Clair, Representative Younge, to close."
"Thank you very much, Madam Speaker. I think that we want to begin a new policy in Illinois, a policy that says to people who are on public aid that we have a new opportunity and that is an opportunity for those who find themselves unemployed as a result of plant closings, they go through their unemployment insurance, they go through their public aid checks; that if you have entrepreneural skills and you wish to begin a business, you will be able to, just like refugees or like boat people. You will be able to get a loan from the Department of Public Aid; and, under the direction of technical assistance with business plans and feasibility studies and market studies, you will be assisted in becoming privately, gainfully employed through the establishment of this business. The State of Minnesota has experimented with this program and about 175 previously welfare women are now managing their own businesses and with an 80 percent retention rate. Other countries have experimented with this program and they have found it to be very, very successful. If we could identify 126 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 and take off the public aid rolls the five percent of the people who have entrepreneural skills that would reduce the Public Aid budget 150 million dollars by a one time loan. I think that with the rise of public aid costs we have to experiment and find more ways to turn our direction from higher welfare costs to helping people to become privately, gainfully employed and helping them to become self sufficient. We need a new message. We need a new direction. n. And I think that this Bill in its way starts us down a different road. And for those reasons, I ask for your favorable vote in this matter."
"The Lady has moved the passage of House Bill 444. All in favor vote 'aye', opposed vote 'no'. Voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 32 voting 'aye', 66 voting 'no', 1 voting 'present'. This Bill, having failed to receive the Constitutional Majority, is hereby declared lost. Representative McPike in the Chair."
"House Bill... House Bill 1235, Representative Younge. Mr. Clerk. The Gentleman from Jefferson, Representative Hicks, for what reason do you rise?"
"Yes, Mr. Speaker. just like to for a matter of introduction of a former House Member, Max Shurtzs is here with us today, and I'd like to recognize him here in the House."
"House Bill 1235, a Bill for an Act making appropriations to the Department of Commerce and Community Affairs. Third Reading of the Bill."
"Representative Younge."
"Thank you, Mr. Speaker. House Bill 1235 would appropriate 100,000 dollars to the Department of Commerce 127 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 and Community Affairs to make grants to local housing authorities to renovate public housing. This Bill would make available 100,000 dollars to the Public Housing Authority through the Department of Commerce to renovate the badly deteriorated public housing all over Illinois. The sum that is requested is a very small amount, but due to the Federal Government getting out of the public housing business, we find many cities have housing stock that is vandalized and deteriorated and bordered up and SO, therefore, people have no place to live. The situation specifically in my town is that there are some 600 units that are boarded up and with three and four thousand applications. I ask for your support in reference to this Bill."
"The Lady moves for the passage of House Bill 1235. And on that, the Gentleman from Adams, Representative Mays."
"Thank you very much, Mr. Speaker. Will the Lady yield for a question?"
"Yes."
"How... how much is in the Housing Fund from which you would appropriate 100,000 dollars?"
"The amount in the Statewide Housing Fund is 155,000 dollars."
"Does that include the grants that were made in Fiscal Year '86?"
"I am not certain about that."
"Okay. Well, just to the Bill, and I don't want to belabor it. I understand the Lady's sincerity in trying to deal with the problem, I just do not, however, believe that the appropriate method for going about this in this way. The 100,000 dollars she would seek to appropriate to this Fund would almost completely deplete the Fund. And for that 128 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day reason and numerous others, I would simply rise in opposition to the Bill."
"Representative Bowman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of the Lady's Motion. I don't know how many of you are familiar with the sources of funds for the Housing Fund, but one of the sources of funds is local public housing authorities. There are various circumstances under which they must remit money to the state and... and SO, the money that it is in this Fund belongs to the public housing authorities. It seems to me that the Lady's point about the deplorable condition of many of our public housing units is beyond debate. I doubt that anyone in this chamber would rise to dispute that point. Therefore, it seems to me that this is not only an appropriate use of the money, but a very necessary use of the money, and I am pleased to support her Motion."
"Question is, 'Shall House Bill 1235 pass?" All those in favor signify by voting 'aye', opposed vote "no". Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 35 'ayes', 59 'nos". The Bills fails. House Bill 1695, Representative Younge. Read the Bill, Mr. Clerk."
"House Bill 1695, a Bill for an Act making appropriations to the Department of Conservation. Third Reading of the Bill."
"The Lady from St. Clair, Representative Younge."
"Thank you very much, Mr. Speaker and Members of the House. House Bill 1695 would appropriate 100,000 dollars to the Department of Conservation in order to conduct the study for the Urban Civilian Youth Service in order to come up with the administrative program and the level of need and the size of the program and what the activities would 129 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 be for young people working in urban situations in the Urban Youth Service. And I ask for your support in reference to this Bill."
"The Lady moves for the passage of House Bill 1695. On that, the Gentleman from Kendall, Representative Hastert."
"Would the Sponsor yield?"
"She will."
"Representative, what's the substantive legislation for this?"
"The substantive legislation is House Bill 1699 that passed this morning."
"And so it's law now."
"It is out of the House and in the Senate."
"Okay. So, this is 100,000 dollars now for the Bill that provided... that we passed this morning, I remember, probably a close vote, but it provides jobs. Now, we already do this with JPTA, right? Jobs are already provided and there's monies coming... federal monies that come in and are distributed for summer jobs, right?"
"This..."
"So this is in addition to that?"
"This is an amount to plan how the Urban Civilian Youth Service Corp would be set up and administrated and what the youth would be doing."
"So, this is 100,000 dollars that doesn't go to kids, right? This is 100,000 dollars that goes to the bureaucracy. Mr. Speaker, to the Bill. You know, here we go again. We have another 100,000 dollar appropriation that goes into plan how to spend more money. And that's a situation that we've looked at, a situation we've debated and a situation that never stops. I think this is a Bill that we ought to put a 'no' vote on and ask that you put 130 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 red votes up on the Bill... up on the board for this Bill."
"Question is, 'Shall House Bill 1695 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Yeah, Representative Younge, to explain your vote."
"These funds would be used to plan the urban youth unemployment program. Right now, there are federal funds for... under the Joint Partnership Training Act and other programs for youth unemployment. But those funds are not being utilized because there aren't any planned programs. With the change from... the shift from the Federal Government to the State Government, it becomes very necessary that we step back and take time to plan appropriate use of available funds. We have thousands of young people who are standing around with nothing to do who are getting into mischief, who are having and making it necessary for the state to spend more money on delinquency activities, on prisons, on other type of deviant behavior, criminal behavior. One reason why this increase is occurring is that the programs in reference to youth employment have not been planned, and I ask you to support my Bill for funds for the Department of Conservation to plan this program."
"Representative Stephens, you want to explain your vote? Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 24 'ayes', 73 'nos', 4 voting 'present' and the Bill fails. House Bill 2578, Representative Preston. Mr. Clerk, read the Bill."
"House Bill 2578, a Bill for an Act making appropriations to the Illinois Supreme Court. Third Reading of the Bill."
"Representative Preston." 131 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 2578 appropriates 240,000 dollars to the Illinois Supreme Court for the purpose of funding the training... the development of a curriculum and the training of Judges throughout the State of Illinois on how to detraumatize, 'defrighten', if you will, the courtroom setting for juvenile witness victims of sexual abuse when they testify at the proceeding. Right now, as we've heard amply discussed in the past, the courtroom proceeding is very frightening to a juvenile youthful witness. Much of that is because of the physical setting of the courtroom and the American legal tradition that sets up the courtroom and its demeanor and its formality which, for a young child, is extremely scary and frightening and it need not be that way. Judges have to be sensitized to what can be done at no cost to make the courtroom setting less frightening to that juvenile witness. That's what this appropriation does. And I'd be glad to answer any questions"
"Gentleman moves for the passage House Bill 2578. And on that, Representative Hallock."
"Thank you, Mr. Speaker, Members of the House. I rise in support of this Bill. It's a very good idea, but I would like to have the Sponsor explain the terminology of one word he used. What does the word 'defrighten' mean?"
"Thank you, Representative. That's a word I coined just for today's occasion. What I meant was to detraumatize the courtroom setting, to make it less frightening. Thank you for pointing out my bad use of the English language."
"Representative Mays."
"Thank you very much, Mr. Speaker. Would the Gentleman yield for a question?"
"He will." 132 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"How is it that you arrived at the figure of 240,000? Did you have anybody give you a ball park or any group give you a ball park or anybody at all? Is 240,000 enough? I want to make sure that Judges are sensitized to this issue. Is 240,000 enough, or should we give them a million?"
"Well, it's interesting. I would certainly look at your Bill, Representative, if you wanted to sponsor a million dollar appropriation. I... Looking at my past record, I'm sure I would be supportive of it."
"How did you arrive at the quarter of a million?"
"We tried to look at what it would take to develop the curriculum. To have a training program, it's much... you have to have the program to teach to Judges. Part of that would be to perhaps hire child psychologists and educators to put together a program for the training of Judges. Frankly, the number was arrived at through no scientific means at all. It may end up being far less than that, but it may even be free, if there's certain universities that want to donate their services, which is a possibility. If that's the case, all the better."
"Are there any other groups or instances of people that might be traumatized in a courtroom setting other than the children involved in this type of thing? Are there any other groups that we ought to be thinking about sensitizing Judges to or lawyers, as you're going to do in the next Bill? You know, we might as well take care of it all right now. Are there any others?"
"Well, Judges... yes, there are other groups of people, in other words, people who are frightened by the formality of the courtroom setting if it's unfamiliar to them. But Judges are sensitive to those feelings, because adults, lay people, non-lawyers appear before them every single day. But a juvenile witness who has been called upon to testify 133 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 about the intimate details of a sexual assault is not a daily occurrence. That happens very infrequently. And because of that, there is some special sensitization and training that a Judge should be made aware of so that he, in his sound discretion, or she in her sound discretion, can tailor the courtroom setting for this young witness."
"Thank you very much. To the Bill, Mr. Speaker."
"Proceed."
"This is a real boondoggle. There is absolutely no reason on the face of this earth why such sensitizing could not be done through the ordinary and contingent and contractual means, through dollars already appropriated to the Supreme Court, through the Judicial Conference. And there's people in the Supreme Court that have said just that. Further, I would doubt that any Judge could be sensitized in some of these manners to the degree that Mr. Preston would find appropriate and so I can imagine that there will be an ongoing appropriation next year and the five, ten years thereafter. And wait until we find some other groups that are... that Judges appear insensitive to. Then we ought to just get an extra million dollars appropriated for those purposes; and, if you don't, you're going to come down on their hit list in the next election. This is a bad Bill, a bad precedent, and I think we should all vote against it."
"Representative Countryman."
"Thank you. Mr. Speaker, Ladies and Gentlemen of the House. Will the Gentleman yield? Mr. Preston, you have another Bill which is the next Bill on the call and we dealt with the substantive Bills a couple of weeks ago. I guess I don't understand why we can't make one appropriation. I think it can be 240,000 or less to accomplish this objective. The amount of money just to the Supreme Court alone will fund three or four judgeships." 134 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
"Well, Representative, that's true. May 21, 1986 There are two reasons for the second Bill which I will certainly discussed at that time. One of the reasons is Representative Mays' support that he just mentioned for additional programs. and I appreciate... I know... I question whether or not he's supportive of this appropriation, but, from his remarks, I guess he's very supportive of the other appropriation. But the reason for it - and I'm being a bit frivolous - but, quite seriously, the reason for it is because we cannot require the Supreme Court, through the separation of powers that our Constitution holds as to the Court being a separate division of our government, because of that separate of powers, we can't require the Supreme Court to train prosecutors and other courtroom personnel. They do have the constitutional authority and responsibility for the training of Judges. But we can't foist upon them that same responsibility for anyone else, because the administrative Executive Branch of Government is not within their purview. So, there has to be two separate Bills, two separate appropriations. Originally, that was not the case. Originally, we had one Bill, this Bill, the substantive Bill here did call on the Supreme Court to train Judges and prosecutors and law enforcement personnel, but we were advised that's unconstitutional. That's why we have the two Bills."
"Well, I guess I'm still having a problem with that. I understand the separation of powers. Why can't we appropriate the money to the Comptroller and have the Comptroller set up a school, or contract with somebody to set up the school and send the prosecutors and the Judges to the same school?"
"We cannot require the Supreme Court to send Judges 135 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 anywhere. We can only suggest to them that they do whatever they do. We are suggesting to them and giving them the means through the substantive Bill and this appropriation to train Judges. We cannot require the Supreme Court to send Judges to any other training academy whatsoever. It has to be a separation of powers or the Constitution will not be preserved."
"Does that mean we have to bribe the Judges to get them there?"
"No, no. No. Quite honestly, there are some... Some Judges sitting in some courtrooms will not need this training, because they don't, as a rule, have youthful offenders or witnesses in some of the tax courtrooms or some of the collection courtrooms. But in the criminal courtrooms and sometimes in probate courtrooms, certainly in the domestic relations courtrooms. those Judges can certainly benefit from this type of training"
"Well, to the Speaker... to the Bill, Mr. Speaker."
"Proceed."
"I'll be brief, because I know a lot of people have spoken about this. I don't see that it's in violation of separation of powers to train them all together, and that's where I'm having the problem. I voted for the other Bills, the substantive Bills. I think 240,000 dollars in two appropriation Bills, which essentially amounts to a half a million dollars, is too much. I think it can be done in one of the Bills. Therefore, I think I have to elect to support one of the Bills and not the other, because I think the amount of money is too great. I think this is the one, as Mr. Preston tells me, this is the one to vote for. So, I'm going to vote for this one and against the next one. Thank you very much."
"Representative Hawkinson." 136 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"Thank you, Mr. Speaker. I supported the substantive legislation, 2577, because I think it's a good program that requires some attention. However, as we asked in Committee at the time we were dealing with that substantive legislation, what kind of program, what kind of expense will be involved? And the answer was we were going to have some seminars for Judges. Well, you don't need a quarter of a million dollars for seminars for Judges and you don't need a quarter of a million dollars to develop a program when there are already experts at our universities who can deal in this situation. So, reduce it to 10,000 dollars perhaps, and I think you'd have a good Bill, but I have to vote 'no' at this level."
"Representative Didrickson."
"Thank you, Mr. Speaker, Members of the House. I too rise in opposition to this appropriation. I also agree that a quarter of a million dollars is too much. It's in excess for a convention or a seminar that could already be taken care of under existing dollars. I think the fact that we don't do special programs for victims of domestic violence. victims of rape also certainly enter into my decision to oppose this Bill. Thank you."
"Representative Regan."
"Thank you, Speaker, Members of the House. I think it's time that everybody must get back into focus. Exactly what this Bill stands for is to take pedophiles and put them in jail by making it easier to get them convicted. I think you've got to concentrate on the objectivity here. Child witnesses are the most difficult thing there is to get a convicted felon put in jail. They're afraid. They're parents are afraid. They don't want to testify in the first place because of the humiliating things that is happening to them. I think we ought to focus on the fact that 137 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 pedophiles are completely repetitive. They do it again, and again, and again and again. And there hasn't been any psychological training that's been able to keep them from molesting children. Let's try to get this thing through. Let's get to court so the child will come, the parents will bring the child. I'm in total support of the Bill, and I dearly hope it passes."
"Representative Ropp."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"He will, Representative Ropp."
"Okay. In the judicial conferences in which these programs would be implemented, what do they tell now?"
"Right now, Representative, my understanding is that at the judicial conferences there are seminars for Judges on areas of the law that impact on their specific fields that they hear cases in."
"Okay. Well, when we had this before Committee, the individual who was there representing the Supreme Court said that they, in fact, are doing this now, teaching and instructing Judges and attorneys on how to handle young people in these particular trouble areas. I've just been involved in a school establishing a whole curriculum in which it took, at best, 10,000 dollars to establish a whole curriculum. Certainly 240,000 dollars is far excessive, even though I am sure that you have good intentions on this whole idea. The money is too extravagent, and I would certainly urge you to bring that back, lower the figure and where we could all support it."
"Representative McNamara."
"Thank you. To the Bill."
"Proceed."
"This is a very important issue. I don't believe that it says anywhere in the Bill that 250,000 dollars has to be 138 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 spent. It allows an expenditure up to that to develop curriculum, television tapes, seminars, etcetera, a one time expense that will help us get the children to testify so that we may become a better society. I think to be penny wise and pound foolish in this case by saying 250,000 dollars it too much to invest in the future which are our children is very foolish. I urge everyone's support of this Bill."
"Representative Preston, to close."
"Thank you, Mr. Speaker. I think we just have to focus on what this Bill does. We've heard a lot of comments about it not being necessary. This Bill appropriates two cents per person in the State of Illinois for this year for the protection of children in our court proceeding. That is not a heavy price to pay. Indeed, that's a very small price to pay. As Representative Regan mentioned, pedophiles are repetitive. This will help the court system. Instead of scaring away witnesses to get convictions, encourage those witnesses to come forward in an unthreatening, unfrightening situation to testify about what happened to a young girl or a young boy. This is needed. It's a very simple piece of legislation, a small appropriation indeed for the kind of protection it provides, and I'd ask for your 'aye vote."
"The Gentleman moves for the passage of House Bill 2578. All those in favor of the Bill signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 100 'ayes', 15 'nos' and 1 voting 'present'. And House Bill 2578, having received the Constitutional Majority, is hereby declared passed. The Chair would remind everyone, we spent a half hour on a Bill that received a hundred votes. Next Bill, House Bill 2580, 139 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Representative Preston. Read the Bill, Mr. Clerk."
"House Bill 2580, a Bill for an Act making appropriations to the State's Attorneys Appellate Service Commission Act. Third Reading of the Bill."
"Representative Preston."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Bill will be known as the Preston - Mays Bill and this appropriates 240,000 dollars for the training of state's attorneys, the prosecutors who prosecute these child abuse cases and court personnel and how, again, to detraumatize the whole proceeding in which a juvenile witness victim is brought before the court. I'd be glad to answer questions. I hope there won't be many, and I ask for your 'aye' vote."
"The Gentleman moves for the passage of House Bill 2580, Mr. Clerk. Would you put 2580 on the board? The Gentleman moves for the passage of House Bill 2580. Is there any discussion? Being none, the question is, Shall House Bill 2580 pass?" Those in favor signify by voting 'aye", opposed vote 'no". Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 97 'ayes', 17 'nos', 2 voting 'present'. House Bill 2580, having received a Constitutional Majority, is hereby declared passed. On the Order of Appropriations, we will go to the Subject Matter of State Budget Bills only. Appears House Bill 2878, Representative Breslin."
"House Bill 2878, a Bill for an Act making appropriations to the Office of State Appellate Defender. Third Reading of the Bill."
"Representative Breslin."
"Thank you, Mr. Speaker, Ladies and Gentlemen. This is the appropriation to the State Appellate Defender program. It amounts to 5,125,500 dollars. This is approximately 140 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 16,100 dollars less than introduction May 21, 1986 and 16,100 dollars less than the Governor's suggested amount for this agency. I encourage your 'aye vote."
"The Lady moves for the passage of House Bill 2878. Is there any discussion? Being none, the question is, Shall House Bill 2878 pass? All those in favor signify by voting 'aye', opposed vote "no". Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 97 'ayes'... McNamara 'aye'. On this Bill there are 98 'ayes', 13 'nos', 1 voting 'present', and House Bill 2878, having received the Constitutional Majority, is hereby declared passed. On the Order of Appropriations Bills, State Budget Bills only, appears House Bill 2974, Representative Barnes. Read the Bill, Mr. Clerk."
"House Bill 2974, a Bill for an Act making appropriations to the Military and Naval Department. Third Reading of the Bill."
"Representative Barnes."
"Thank you. Mr. Speaker. House Bill 2974 appropriates, including all the floor action, approximately, 8,729,000 dollars General Revenue funds for the ordinary and contingent expenses of the Military and Naval Department. Some of the highlights of the Bill are the Chicago Park District receives favorable terms on the Broadway Armory rental agreement. There were three new positions. And 20 percent of the total budget for utilities. I would ask an 'aye vote."
"The Lady moves for the passage of House Bill 2974. Is there any discussion? Being none, the question is, Shall House Bill 2974 pass? All those in favor signify by voting 'aye', opposed vote "no". Have all voted? Have all voted who wish? Clerk will take the 141 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DЕЗАТЕ 120th Legislative Day May 21, 1986 record. On this Bill there are 112 ayes', 2 'nos', none voting 'present', and House Bill 2974, having received the Constitutional Majority, is hereby declared passed. On the Order of Appropriations Bills, State Budget Bills only, appears House Bill 2975, Representative Barnes. Read the Bill, Mr. Clerk."
"House Bill 2975, a Bill for an Act making appropriations to the Office of Public Counsel. Third Reading of the Bill."
"Representative Barnes."
"Thank you, Mr. Speaker. House Bill 2975 appropriates 675,000 from General Revenue Funds for the ordinary and contingent expenses of the Office of Public Counsel. I would ask for an 'aye vote."
"The Lady moves for the passage of House Bill 2975. Is there any discussion? Being none, the question is, *Shall House Bill 2975 pass?' All those in favor signify by voting 'aye", opposed vote "no". Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 113 'ayes, 3 'nos", none voting present', and House Bill 2975, having received the Constitutional Majority, is hereby declared passed. On the Order of Appropriations Bills, State Budget Bills only, appears House Bill 2978. Read the Bill, Mr. Clerk.
"House Bill 2978, a Bill for an Act making appropriations to the Office of State Fire Marshal. Third Reading of the Bill." Speaker McPike: ke: "Representative Barnes."
"Thank you, Μr. Speaker, Ladies and Gentlemen of the House. Incorporating all the floor action, House Bill 2978 appropriates 6,528,700 dollars to the Office of the State Fire Marshal. This amount includes 40,000 dollars GRF and 6,488,700 dollars in fire prevention funds. I would ask 142 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 120th Legislative Day for an 'aye vote."
"The Lady moves for the passage of House Bill 2978. Is there any discussion? Being none, the question is, Shall House Bill 2978 pass? All those in favor signify by voting "aye", opposed vote "no". Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 113 ayes, no 'nays', none voting 'present', and House Bill 2978, having received the Constitutional Majority, is hereby declared passed. Appropriations Bills, State Budget Bills only, appears House Bill 2979. Read the Bill, Mr. Clerk."
"House Bill 2979, a Bill for an Act making appropriations to the Liquor Control Commission. Third Reading of the Bill."
"Representative Barnes."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2979 appropriates 1,129,100 dollars Dram Shop Fund for the ordinary and contingent expenses of the Liquor Control Commission. I would ask for an aye vote."
"The Lady moves for the passage of House Bill 2979. Is there any discussion? Being none, the question is, 'Shall House Bill 2979 pass?' All those in favor signify by voting 'aye", opposed vote "no". Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 112'ayes, no 'nays', none voting 'present', House Bill 2979, having received the Constitutional Majority, is hereby declared passed. On the Order of Appropriations Bills, State Budget Bills only, appears House Bill 2976. Read the Bill, Mr. Clerk. Representative Barnes, we skipped that by accident."
"House Bill 2976, a Bill for an Act making appropriations to the Illinois Commerce Commission. Third Reading of the Bill" 143 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"Representative Barnes."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Incorporating all floor action, House Bill 2976 appropriates 17,052,034 dollars to the Illinois Commerce Commission. This amount includes 10,517,377 in public utility funds and 6,534,657 in transportation regulatory funds. I would ask for an 'aye vote."
"The Lady moves for the passage of House Bill 2976. And on that, the Gentleman from Lake, Representative Matijevich."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House, I think we ought to pass this appropriation out, but I think that all of us here ought to look up at that board and this time I wish my eyes were better we ought to look up at that board and not give this agency more than 60 votes. I think we ought to tell this agency that we've had enough of high utility rates. It took the court, it took the court, Judge Currie, to tell the agency they went beyond their bounds in putting these heavy utility bills on the consumers. We ought to show our agreement with that court by giving them no more than 60 votes. I think that, you know, a lot of us were criticized because we passed the Citizens' Utility Board, but I've felt that at least there's some pressure now on the Illinois Commerce Commission. We ought to give them more pressure, because we should not be paying for the excess power, power that they don't need, we consumers. So, I would urge the Members to keep looking at that board and give them 60 votes. I'll put one up there, but no more than 60. They don't deserve it."
"The question is, 'Shall House Bill 2976 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Representative Hoffman, to explain your vote." 144 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
May 21, 1986 "Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. In explaining of my 'aye' vote, in contradiction to what the Gentleman who spoke previously indicated, the Commerce Commission is the logical forum for those issues to be resolved. The worst thing that could happen is to have someone else involved. And if you think that an appointed commission is any different than an elected commission, you just better take a look at some of the decisions that have been made by an elected commission which they were forced to make on the basis of the evidence which was presented. If you don't want things to be done in a fair and equitable manner, then you might want to try something different than this."
"Representative Hastert."
"Thank you, Mr. Speaker. To the... to explain my vote. You know, one of the things that we can do to make sure that utility rates are just and fair across the State of Illinois is to make sure that this Commission is doing its job. One of the things it has to do to do its job is to have good economists, people who can get into books, people who can do audits and they have to have the ability to hire and find those people and be able to do those types of jobs. If we starve them by not giving the appropriation, all of a sudden we find that they can't do their jobs, they don't have the personnel to do the kind of jobs that they need to get into the books, to do audit manag... management audits and construction audits. And they should have 60 votes to pass this Bill."
"Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 60 'ayes', 33 'nos', 9 voting 'present', and House Bill 2976, having received the Constitutional Majority, is hereby declared passed. Appropriations Bills, State Budget Bills only, 145 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 appear ... appears House Bill 2980. Read the Bill, Mr. Clerk."
"House Bill 2980, a Bill for an Act making appropriations to the Illinois Educational Labor Relations Board. Third Reading of the Bill."
"Representative Barnes."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House. Incorporating all floor action, House Bill 2980 appropriates 1,414,700 dollars General Revenue funds to the Illinois Educational Labor Relations Board. I would ask for a favorable Roll Call."
"The Lady moves for the passage of House Bill 2980. Is there any discussion? There being none, the question is, 'Shall House Bill 2980 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 102 'ayes', 13 'nos', none voting 'present', and House Bill 2980, having received the Constitutional Majority, is hereby declared passed. Appropriations Bills, State Budget Bills only, appears House Bill 2981. Read the Bill."
"House Bill 2981, a Bill for an Act making appropriations to the Local Labor Relations Board. Third Reading of the Bill."
"Representative Barnes."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House. Incorporating all floor action, House Bill 2981 appropriates 753,500 dollars General Revenue funds for the ordinary and contingent expenses of the Illinois Local Labor Relations Board. I would ask for a favorable Roll Call."
"The Lady moves for the passage of House Bill 2981. Is there any discussion? Being none, the question 146 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 is, Shall House Bill 2981 pass?" All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill, 104 'ayes', 8 'nos', none voting 'present', and House Bill 2981, having received the Constitutional Majority, is hereby declared passed. Appropriations Bills, State Budget Bills only, appears House Bill 2982. Read the Bill, Mr. Clerk."
"House Bill 2982, a Bill for an Act making appropriations to the State Labor Relations Board. Third Reading of the bill."
"Representative Barnes."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Incorporating all floor action, House Bill 2982 appropriates, 1,432,300 dollars General Revenue funds to the Illinois State Labor Relations Board. I would ask for a favorable Roll Call."
"The Lady moves for the passage of House Bill 2982. Any discussion? There being none, the question is, 'Shall House Bill 2982 pass? All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 108 'ayes', 8 'nos', none voting 'present'. House Bill 2982, having received the Constitutional Majority, is hereby declared passed. On the Order of Appropriations Bills, State Budget Bills only, appears House Bill 2983. Read the Bill, Mr. Clerk."
"House Bill 2983, a Bill for an Act making appropriations to the Health Care Cost Containment Council. Third Reading of the Bill."
"Representative Hastert"
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2983 appropriates 2,303,000 dollars GRF 147 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 funds for the ordinary and contingent expenses of the Health Care Cost Containment Council and I ask for an affirmative vote."
"Gentleman moves for the passage of House Bill 2983. Any discussion? Being none, the question is, Shall House Bill 2983 pass? All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there's lll 'ayes', no 'nays', 2 voting 'present'. House Bill 2983, having received the Constitutional Majority, is hereby declared passed. On the Order of Appropriations Bills. State Budget Bills only, is House Bill 2984. Read the Bill, Mr. Clerk."
"House Bill 2984, a Bill for an Act making appropriations to the Guardianship and Advocacy Commission. Third Reading of the Bill."
"Representative Hastert."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2984 appopriates 3,372,000 dollars of GRF funds for the ordinary and contingent expenses of the Guardianship and Advocacy Commission. I ask for your favorable vote."
"The Gentleman moves for the passage of 2984. Is there any discussion? Being none, the question is, Shall House Bill 2984 pass? All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 98 'ayes', 16 'nos', none voting 'present'. House Bill 2984, having received the Constitutional Majority, is hereby declared passed. On the Order of Appropriations Bills, State Budget Bills only, appears House Bill 2985. Read the Bill, Mr. Clerk."
"House Bill 2985, a Bill for an Act making certain 148 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 appropriations to the Governor's Purchase Care Review Board. Third Reading of the Bill."
"Representative Hastert."
"Thank you, Mr. Speaker. House Bill 2985 appropriates 221,760 dollars for the ordinary and contingent expense of the Governor's Purchase Care Review Board. Ask... I move for a favorable vote."
"Gentleman moves for the passage of 2985. Any discussion? Being none, the question is, 'Shall House Bill 2985 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 109 'ayes', 6 'nos', none voting 'present'. House Bill 2985, having received the Constitutional Majority, is hereby declared passed. On the Order of Appropriations Bills, State Budget Bills only, appears 2986. Read the Bill, Mr. Clerk."
"House Bill 2986, a Bill for an Act making appropriations to the Illinois Farm Development Authority. Third Reading of the Bill."
"Representative Barnes."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House. House Bill 2986 reappropriates 23 million General Revenue Fund to the Illinois Agricultural Loan Guarantee Fund and 25 million Farm Emergency Assistance Fund to the Illinois Farm Development Authority to allow the authority to make payments under the Agricultural Loan Guarantee Farm Debt Relief and Farm Emergency Assistance Program. And I would ask for an 'aye' vote."
"The Lady moves for the passage of House Bill 2986. Is there any discussion? Being none, the question is, 'Shall House Bill 2986 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all 149 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 voted? Have all voted who wish? Clerk will take the record. On this Bill there are 116 'ayes', no 'nays", none voting 'present'. And House Bill 2986, having received the Constitutional Majority, is hereby declared passed. On the Order of Appropriations Bills, State Budget Bills only, appears House Bill 2987. Read the Bill, Mr. Clerk."
"House Bill 2987, a Bill for an Act making appropriations to the Department of Alcoholism and Substance Abuse. Third Reading of the Bill."
"Representative Hastert"
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2987 appropriates 65,001,000 dollars for the ordinary and contingent expenses of the Department of Alcoholism and Substance Abuse. And I move for the passage of the Bill."
"The Gentleman moves for the passage of House Bill 2987. Is there any discussion? Being none, the question is, 'Shall House Bill 2987 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 112 'ayes', 1 'no', none voting 'present'. House Bill 2987, having received the Constitutional Majority, is hereby declared passed. Appropriations Bills, State Budget Bills only, appears 2988. Read the Bill, Mr. Clerk."
"House Bill 2988, a Bill for an Act making appropriations to the Department of Conservation. Third Reading of the Bill."
"Representative Barnes."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Incorporating all floor action, House Bill 2988 appropriates 121,526,300 dollars to the Department of Conservation. This amount includes 47,768,800 dollars 150 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1996 General Revenue funds and 73,757,500 dollars from other funds. I would ask for an 'aye' vote."
"The Lady moves for the passage of House Bill 2988. Is there any discussion? Being none, the question is, 'Shall House Bill 2988 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 111 'ayes', 2 'nos', none voting 'present', and House Bill 2988, having received the Constitutional Majority, is hereby declared passed. Appropriations Bills, State Budget Bills only, appears House Bill 2990. Read the Bill. Mr. Clerk."
"House Bill 2990, a Bill for an Act making appropriations to the Department of Financial Institutions. Third Reading of the Bill."
"Representative Barnes."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Incorporating all floor action, House Bill 2990 appropriates 3,836,900 dollars to the Department of Financial Institutions. This amount includes 2,156,000 dollars General Revenue funds and 1,680,900 dollars from other funds. I would ask for an 'aye' vote."
"The Lady moves for the passage of House Bill 2990. Any discussion? Being none, the question is, 'Shall House Bill 2990 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 112 'ayes', no 'nays', 1 voting 'present'. House Bill 2900, having received the Constitutional Majority, is hereby declared passed. Appropriations Bills, State Budget Bills only, appears House Bill 2991. Mr. Clerk."
"House Bill 2991, a Bill for an Act making appropriations to the Historic Preservation Agency. Third 151 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Reading of the Bill." May 21, 1986
"Representative Barnes." "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Incorporating all floor action, House Bill 2991 appropriates 12,999,567 dollars to the Historic Preservation Agency. This includes 8,507,576 dollars General Revenue funds and 4,491,991 in other funds. I would ask for a favorable Roll Call."
"Is there any discussion? There being none, the question is, 'Shall House Bill 2991 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 106 'ayes', 8 'nos', 1 voting 'present', and House Bill 2991, having received the Constitutional Majority, is hereby declared passed. Appropriations Bills, State Budget Bills only, appears House Bill 2992. Read the Bill, Mr. Clerk."
Clerk Leone: "House Bill 2992, a Bill for an Act making appropriations to the Civil Service Commission. Third Reading of the Bill."
"Representative Barnes." "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Incorporating all floor action, House Bill 2992 appropriates 383,600 dollars General Revenue funds for the ordinary and contingent expenses of the Civil Service Commission. I would ask for an 'aye' vote."
"The Lady moves for the passage of House Bill 2992. Is there any discussion? Being none, the question is, 'Shall House Bill 2992 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 116 'ayes', no 'nays', none voting 'present'. House Bill 2992, having received the 152 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Constitutional Majority, is hereby Appropriations Bills, State House Bill 2994. Mr. Clerk."
"House Bill appropriations 2994, passed. May 21, 1986 declared Budget Bills only, appears a Bill for an Act making of Registration to the Department Education. Third Reading of the Bill." "Representative Barnes."
"Thank you, Mr. House. Speaker, Ladies and Gentlemen of the Incorporation all floor action, House Bill 2994 appropriates 11,435,600 dollars to the Department of Regulation and Education. This amount includes 7,148,800 dollars in General Revenue funds and 4,286,800 dollars in other funds. I would ask for an 'aye vote."
"Is there any discussion? There being none, the question is. Shall House Bill 2994 pass? All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 114 'ayes', no 'nays', 1 voting 'present'. House Bill 2994, having received the Constitutional Majority, is hereby declared passed. Appropriations Bills, State Budget Bills only, appears House Bill 2995. Read the Bill, Mr. Clerk."
"House Bill 2995, a Bill for an Act making appropriations to the Department of Public Aid. Third Reading of the Bill."
"Representative Hastert."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I bring before you House Bill 2995, which is known as the Public Aid budget. This Bill appropriates 3,457,781,900 dollars for the ordinary and contingent expenses For the Department of Public Aid. I move for its positive..."
"Is there any discussion? Being none, the 153 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 question is, 'Shall House Bill...' Representative Vinson."
"Could we hold this Bill until July 14th?"
"Representative Hastert?"
"Was that a question? I would think I would like to move this Bill, Mr. Speaker."
"Representative Vinson."
"I want to commend you on learning how to smile. I know it was difficult last week, but this week you're doing a much better job of it."
"Thank you. The question is, 'Shall this Bill pass?' All those in favor signify...
"Speaker?"
"Representative Hastert?"
"Could I close?"
"You certainly can."
"Thank you, Mr. Speaker. This Bill is... had some appropriate Amendments. I just think we need to move this Bill. And there's further work to do on it and would like to move it for that Motion."
"Gentleman moves for the passage of House Bill 2995. All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 92 'ayes', 18 'nos', 1 voting 'present'. House Bill 2995, having received the Constitutional Majority, is hereby declared passed. House Bill 2996 and 2997 were passed earlier. Appropriations Bills, State Budget Bills only, appears House Bill 2998. Mr. Clerk."
"House Bill 2998, a Bill for an Act making appropriations to the Department of Transportation. Third Reading of the Bill."
"Representative Barnes."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the 154 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 House. Incorporating all floor action, House Bill 2998 appropriates 1,859,135,037 dollars to the Department of Transportation. This amount includes 24 billion... no, 24,598,215 dollars of General Revenue Funds and 1,834,536,822 dollars from other funds, and I would ask for an aye vote."
"Is there any discussion? deing none, the question is, 'Shall House Bill 2998 pass?" All those in favor signify by voting 'aye", opposed vote 'no'. Have all voted? Have all voted who wish? Clerk, take the record. On this Bill, there are 112 "ayes', no 'nays", none voting 'present'. House Bill 2998, having received the Constitutional Majority, is hereby declared passed. House Bill 2999 was passed earlier. House Bill 3000, on the Order of Appropriations Bills State Budget Bills, only. Hr. Clerk."
"House Bill 3000, a Bill for an Act making appropriations to the Department of Mines and Minerals. Third Reading of the Bill."
"Representative Barnes."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Incorporating all floor action, House Bill 3000 appropriates 5,908,400 to the Department of Mines and Minerals. This amount includes 3,418,000 General Revenue Funds, and 2,490,400 in other funds. I would ask for an 'aye vote."
"Is there any discussion? There being none, the question is, Shall House Bill 3000 pass?" All those in favor signify by voting 'aye, opposed vote 'no". Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 109 'ayes', I 'no', none voting 'present'. House Bill 3000, having re received the Constitutional Majority, is hereby declared passed. House 155 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE Bill 3001 was passed earlier. Order of Mr. Clerk." Appropriations Bills May 21, 1986 House Bill 3002, on the State Budget Bills, only.
"House Bill 3002, a Bill for an Act making appropriation to the Human Rights Commission. Third Reading of the Bill."
"Representative Hastert."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3002 appropriates 792,000 dollars, General Revenue Funds, for the ordinary and contingent expenses for the Human Rights Commission, not to be confused with the Human Rights Department."
"Is there any discussion? There being none, the question is, 'Shall House Bill 3002 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 93 'ayes', 20 'nos', 1 voting 'present'. House Bill 3002, having received the Constitutional Majority, is hereby declared passed. Appropriations Bills - State Budget Bills, only. appears House Bill 3003. Mr. Clerk."
"House Bill 3003, a Bill for an Act making appropriations to the Industrial Commission. Third Reading of the Bill."
"Representative Barnes."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3003 appropriates 5,697,700 dollars. General Revenue Funds, for the ordinary and contingent expense of the Industrial Commission. I would ask for an 'aye vote."
"Any discussion? There being none, the question is, 'Shall House Bill 3003 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all 156 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 113 'ayes', no 'nays', none voting 'present'. House Bill 3003, having received the Constitutional Majority, is hereby declared passed. Appropriations Bills - State Budget Bills, only, appears House Bill 3004. Mr. Clerk."
"House Bill 3004, a Bill for an Act making appropriations for the Medical Center Commission. Third Reading of the Bill."
"Representative Hastert."
"Mr.... Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3004, appropriates 873,400 dollars for the ordinary and contingent expenses for the Medical Center Commission. This amount includes 500,900 dollars GRF, and 372,500 dollar for the Medical Center Income Fund. Move for positive passage."
"Any discussion? There being none, the question is, 'Shall House Bill 3004 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Take the record, Mr. Clerk. On this Bill, there are 90 'ayes', 24 'nos', 1 voting 'present'. And House Bill 3004, having received a Constitutional Majority, is hereby declared passed. Appropriations Bills - State Budget Bills, only, appears 3005. Mr. Clerk."
"House Bill 3005, a Bill for an Act making appropriations to the Illinois Racing Board. Third Reading of the Bill."
"Representative Barnes."
"Thank you, Mr. Speaker, Ladies and Gentlemen. Incorporating all floor action, House Bill 3005 appropriates 9,961,200 dollars from various funds for the ordinary and contingent expense of the Illinois Racing 157 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Board. This amount contains May 21, 1986 no General Revenue Fund monies. I would ask for an 'aye vote."
"Is there any discussion? There being none, the question is, 'Shall House Bill 3005 pass?" All those in favor signify by voting 'aye", opposed vote 'no". Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 112 'ayes', 1 'no", 2 voting 'present'. House Bill 3005, having received a Constitutional Majority, is hereby declared passed. Appropriations Bills - State Budget Bills, only, appears 3006. Mr. Clerk."
"House Bill 3006, a Bill for an Act making appropriations to the State Emergency Services and Disaster Agency. Third Reading of the Bill."
"Representative Barnes."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House. Incorporating all floor action, House Bill 3006 appropriates 75,659,900 to various agencies as fiscal year '86 supplementals. This Bill also provides transfers to various agencies for fiscal year '86. This amount includes 5,244,800 dollars General Revenue Funds, and 70,415,100 dollars from other funds. I would ask for an 'aye vote."
"Is there any discussion? There being none, the question is, 'Shall House Bill 3006 pass?" All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 115 'ayes', no 'nays', none voting 'present'. House Bill 3006, having received a Constitutional Majority, is hereby declared passed. Appropriations Bills - State Budget Bills, only, appears House Bill 3035. Mr. Clerk."
"House Bill 3035, a Bill for an Act making appropriations to the Secretary of State. Third Reading of 158 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 120th Legislative Day the Bill."
"Representative McCracken."
"Thank you, Mr. Speaker. I move the adoption of House Bill 3035. It makes a total appropriation of 186,985,931 dollars, 86,000,000 plus from GRF, 88,000,000 plus from the Road Fund and 12,000,000 plus from other sources. Thank you."
"Any discussion? There being none, the question is, 'Shall House Bill 3035 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 111 'ayes', 1 'no', none voting 'present'. House Bill 3035, having received a Constitutional Majority, is hereby declared passed. Appropriations Bills - State Budget Bills, only, appears House Bill 3050. Mr. Clerk."
"House Bill 3050, a Bill for an Act making appropriations to the State Board of Education. Third Reading of the Bill."
"Representative Bowman."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the Committee (sic - House). This Bill contains all of the categorical programs that have been earmarked as school reform proposals, and as it is... now stands on our Calendar, it's 385,000,000 dollars. I move for its passage."
"Is there any discussion? The Lady from Champaign, Representative Satterthwaite."
"Will the Sponsor yield for some questions?"
"He indicates he will."
"Representative Bowman, there are a number of items in this Bill that I have a great deal of concern about. Can you tell me what the justification is for the 159 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 substantial increases that have been provided for bilingual education?"
"Representative Bowman."
"Yes, Representative Satterthwaite, last year in the educational reform package, we did change the requirements of the bilingual program, and my recollection is that this amount was requested by the State Board of Education."
"Well, it seems to me that the changes that we made were rather minor, and the clear indication was that those changes were not expected to set up new programs for new classrooms of children, but were simply to provide resource material for a transition into English speaking. And SO, one of the items that I would question, would be the substantial increase in bilingual education that is provided there. It seems to me unrealistic to think that the downstate bilingual education programs, for instance, would need more than four times the current amount that they are receiving. Can you, also, indicate to me the justification for the 9.4 million dollars to aid to nonpublic schools? Is that the busing reimbursement item?"
"Yes, Representative Satterthwaite, if you indulge me, I just had one point on the bilingual and then respond to that question. The... In particular, what the education reform provided for was eliminating the threshold of having to have 20 students at an attendance center, before bilingual education was required. We eliminated that threshold, and SO, now, every attendance center in the entire state is eligible for access to those funds, and the State Board felt that it was necessary to appropriate that this level, in order to make sure that they were able to meet all applications. Now, with respect to your inquiry on nonpublic education, as you know, I'm not a big fan of this particular item, but it is in the school reform 160 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 package. It is the transportation proposal. You are quite correct."
"Thank you. In regard to the funding for the Math/Science Academy, was there a plan submitted to us, as required by the legislation in regard to private funding for a supplement to the public funding of that program?"
"No, there was not, Representative Satterthwaite. In fact, the Bill, 3050, was amended twice. The first time, it had all of the basic school reforms in it. The second Amendment was just on the Math/Science Academy. We did not push that ourselves, but the Amendment was offered and it was adopted. But you're right, that has... that report has not been forthcoming." Satterthwaite: Bowman: 6.6 million "And so, am I to assume then, if the dollar figure that is in there, which would be totally from General Revenue, would be the amount necessary to fully fund the program for the coming year?" million "Yes, it is my understanding that the money, 6.6 dollars, is for operations and should fully fund the operation. If it doesn't, I will be very upset."
"Well, then again, I would object to this amount being in the budget because it was our understanding, when the reform legislation was passed last year, that there would be presented t us this year a recommendation for funding that would blend private and public dollars for the support of this new program. And I think if we do not have any kind of guarantee for any private support coming into the program, we should take a second look at whether or not this program should go forward at this time. But now, I come to the item that I think is of most concern in this Bill, and that is the fact that, as I understand it, you have reduced the funding level for the educational service centers to one dollar." 161 120th Legislative Day
"Yes, STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 you're correct, Representative Satterthwaite. The reason that we reduced them to one dollar was to make a point that what we are communicating here is that this is not a real Amendment at this stage in the game, but that these regional service centers are spread all over the state. This is a brand new concept, you know, program, and we want to make sure that the money is going to be well spent and we have some further questions that need to be clarified before we can move ahead. If we had a clear picture. I think we might have, you know, fine tuned it adding a little more, a little less, or taking some away. But the one dollar Amendment is simply to communicate that we are still looking at this question. But I can... I'm prepared to support substantially more. This is simply an intermediate step in the process. Let's put it that way."
"Well, my concern, Mr. Sponsor, is that, in fact a clear message is being sent, but it is being sent to the very people who are most in favor of having funding for these centers. And what is happening is that the centers that have geared up and have good programs, where they are giving good teacher training programs, good communications between particularly the rural school districts in their area, where they're providing services to teachers of the gifted for mathematics and reading and science and other gifted education programs, where they are providing training for computer literacy, where they are giving help with the selection of appropriate textbooks. The message that is being received is that, in fact, we are backing down with our reform program that we put in place last year. And SO, I'm greatly concerned that there are many many faults in this particular Bill, and for that reason, I am going to have to oppose it. It is something that we should not even give our sanction in this House, to say 162 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 that there should be no funding for those regional centers that we established last year. Those are very worthwhile functions to our schools. They were put in there as a way of helping to implement many portions of the reform package. And I think that we would send the totally wrong message to our constituents, if we were to pass the Bill in this form."
"All I can say, Representative Satterthwaite, is, in the General Assembly, five weeks is an eternity, and we all believe in reincarnation here. I'm sure this issue will be coming back. The Bill was on Second Reading for an ample period of time for any Amendments to be offered, and none were offered. So, I would like to proceed with the Bill at this time. It does contain 385,000,000 dollars for various school reform projects, 58,000,000 dollars for preschool programs, 38,000,000 dollars for elementary reading programs, 18,000,000 dollars for summer school, 20,000,000 dollars truants and dropouts, and so forth. There are many fine education reform proposals here. So, I don't think the message will be that we're backing away from education reform at all. Three hundred and eighty-five million dollars of education reform is not exactly backing away."
"Representative Didrickson."
"Thank you. Mr. Speaker. Would the Sponsor yield for questions, please?"
"He will."
"Representative Bowman, I, too, have some concerns about the Math/Science Academy, and what is the enrollment for this new year, the original year?"
"I believe the current estimate is 175. They do have a capacity greater than that."
"What was the projected capacity?" 163 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"I think it... I think it could be as high as 600. Perhaps..."
"As high as 600, and they have 185, did you say?"
"175 at the moment."
"175 students attend... What's the per capita cost then?"
"Astounding, Representative Didrickson. Absolutely astounding."
"Which is?"
"I... Well, it's 6,000,000..."
"I'm not going to be astounded, but I want to hear it."
"I think it's..."
"About 37,000."
"Well, it would be six to seven thousand dollars per student."
"67,000 dollars?"
"No. No. No. Six to seven thousand."
"Six thousand."
"In the range of 6,000 to 7,000."
"Six to seven thousand. I guess some of the press that I read had bogus numbers then, because I recall reading something about 37,000 dollars per capita, but I'll go on to the next point. Where are we... We've got 385,000,000 plus in this appropriation Bill and we have a dollar for the area service centers. I share Representative Satterthwaite's concerns with regards to those area service centers. I have been told by local people back in my community that's probably one of the best things we did. We have... Last year, we appropriated 8.5 million and that's not built into this, and we've got a dollar here, SO, that if we put that back in, are we looking at 8.5 million to put back in?" 164 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
"We're looking at it. That's all I can say."
May 21, 1986 "Okay. With regards to the remedial and gifted summer school programs. something that I was very interested in, and I think it's a wonderful program, we've got 18,000,000 dollars there. What I'd like to know is, though, how is does that break out between remedial and gifted?"
"The vast majority of the money is going to remedial, Representative Didrickson. Some of it will go to gifted and there is, of course, additional money in the regular categorical appropriation Bill for gifted programs."
"Which is how much?"
"About... 9,000,000 dollars."
"Nine million dollars."
"Yes, M'am."
"The vast majority of this 18,000,000 dollars goes to Bowman: the remedial." "Yes, M'am."
"What's a vast majority? I mean do we have a number here?"
"I think, Representative, it would be about 16,000,000 dollars."
"So, 2,000,000 is going to the summer school gifted programs, 16,000,000 for remedial. Where are those dollars going?"
"But, by the way. Representative Didrickson, I understand your concern. Let me just point out that the basic gifted program is, even if we have passed this budget, which is up from last year, it was only 9,000,000 dollars rs for gifted, and SO, an additional 2,000,000 would be a significant addition to that program."
"Which means about 8,000,000 dollars, and, I think, back in the 60's, when we started the gifted program, it 165 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 was orginally at about 6.9 million anyway. So, in my opinion, unless I'm incorrect, we really haven't made great strides in the State of Illinois for gifted."
"I think this... the summer school money for gifted is certainly a significant percentage increase."
"Okay."
"It's almost 20 percent increase in the gifted. And by the way, I was just going... I would like to point out that the Math/Science Academy is going to be serving talented and gifted students, and that's 6.5 million dollars."
"Yes, I just might point out. I just as soon see that money go into a local school summer program for gifted. But..."
"Representative, I would support an Amendment, if you would offer it."
"With regards to the remedial grants, how much does the City of Chicago get? School system? Board of Education?"
"Well, Representative, I think the... this money will be apportioned in approximately the way the general state agencies apportion, and they will get about a third."
"About 34 percent then?"
"About."
"Okay. With regards to... I've had a number of questions back in my region, with regards to the birth to three programs. I think you're impacted on that also. There is an opinion of those who are running those pilot programs, that the million dollars per year for three years was really... that million dollars was suppose to move up to 1.5 million dollars a year. Was that selective hearing, as the State Board of Education has told me, or was that the original agreement, a million dollars a year for three years?" 166 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
May 21, 1986 "The later, one million dollars for three years."
"Okay, thank you."
"Representative Mulcahey."
"Thank you, Mr. Speaker. Representative Bowman, there is 9,000,000 dollars in there for the gifted program. How does that relate to what was requested initially? Is that pretty much the same as..."
"First of all, Representative Mulcahey, the discussion I just had with Representative Didrickson about gifted programs..."
"I understand that, but..."
"... was sort of actually off the point of this Bill. That's in a different Bill. But it's the 9,000,000 dollars which is up from last year, but it was what the State Board requested for gifted programs."
"Okay. So, exactly what the State Board of Education requested. To the Bill, Mr. Speaker, I'd like to just address the gifted portion of it anyway, if I may. When we... When I sat on the Appropriation Committee a couple of weeks ago, there was some concern about the people who testified on behalf of the gifted program, especially when I began asking them and questioning them as to how the money was spent in the gifted program throughout the State of Illinois. Subsequent to that, word got back to my Legislative District that Mulcahey was opposed to the gifted program. This is not true. I've supported the gifted program for years. I shall continue to do so, and any news of that sort is completely erroneous that I don't support the program. And as we all know, as we all should know anyway, that I have supported the education funding through the years. So, I want the record to show that, notwithstanding the false information that took place in the Appropriation Committee a couple of weeks ago, I do 167 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 indeed support fully gifted program."
"Representative Hoffman."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. To the Bill. I think we all realize, as we look at this legislation, that this is the first cut on the State Board of Education's budget. There are a lot of... there were changes that were made in this budget by the Appropriation Committee, in which I... which I disagreed. But be that as it may, I stand in support of this legislation recognizing that there's no way this Legislature is going to fund the retirement system 100 percent, in either the downstate or the Chicago retirement system. As well as recognizing that some of the cuts that were made by the Appropriations Committee, were made for a variety of reasons and those cuts will have to be put back in the budget. Both of those things notwithstanding. I do stand in support of the legislation, and would ask people on this side of the aisle to support it."
"Representative Hastert."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. To the Bill. This process was not the original game plan, at least by our side of the aisle. House Bill 3050 was a special Bill and all new ideas, everything that came down in the School Reform Bill, was moved over to 3050. When we got into it, we had some partisan Roll Calls on some of the additions and some of the subractions, and certainly when we got down to the Math/Science Academy, that I'd like to address for a second, we did have a discussion there also. Contrary to what the prior speaker said, there are plans and plans were submitted for private funding. We planned to have at least a million dollars come down in private funding this year to start to build computer systems and things like that. There's a great 168 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 deal of private funding in kind, and it is a part of the procesS. We had people down here to talk to whoever was concerned and involved in that last week. We held discussions and those plans are in place. So, I would like to set the record straight on that. To tag on to what Representative Hoffman said, you have to realize that this is part of the process. If you vote this Bill down, then all these reforms that we talked about last year don't exist, and at least we've started to put them in discussion form. Part of the process as we pass this up or down. It goes to the Senate and we continue the discussion. So, I would urge a 'yes' vote on this Bill 3050 to further the process."
"Representative Hartke. Hartke."
"Mr. Speaker, I move the previous question."
"Well, you're the last one seeking recognition. Representative Bowman to close."
"Thank you, Hr. Speaker, Ladies and Gentlemen of the House. I think we've had a full debate on it. I would just, in closing, merely like to point out that the bottom line here is that this 3ill contains all of the education reform initiatives that the General Assembly adopted last year, and provides for 385,000,000 dollars in funding. I think we are sending a message that we are commited to reform. There will be some additional changes, presumeably, before the Session is over, and I can assure you that we will take the... into consideration the remarks on the floor of the House and the concerns of these... the various Members. I move for its passage."
"The question is, 'Shall House Bill 3050 pass?' All those in favor signify by voting 'aye, opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 97 'ayes', 169 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 15 'nos', none voting "present". House Bill 3050, having received a Constitutional Majority, is hereby declared passed. Appropriations Bills - State Budget Bills, only, appears House Bill 3090. Mr. Clerk."
"House Bill 3090, a Bill for an Act making appropriations to the State Board of Education. Third Reading of the Bill."
"Representative Matijevich."
"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 3090, as introduced, had appropriated a 1,353,430,300 dollars for the ordinary and contingent expenses and grants for the State Board of Education. With the removal of the educational reform monies that were included in House Bill 3050 that we just passed, House Bill 3090 ends up with 966,683,100 dollars. The Amendment... Committee Amendment, sponsored by Representative Mulcahey, increased the funds for vocational education by 8,500,000 dollars. And I would appreciate the support of all the Members for this Bill, House Bill 3090."
"Any discussion? Any discussion? There being none, the question is, 'Shall House Bill 3090 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Mulcahey 'no' or Mulcahey 'aye'? Mulcahey 'aye'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 113 'ayes', no 'nays', none voting 'present'. House Bill 3090, having received the Constitutional Majority, is hereby declared passed. 3091 was called earlier. Appropriations Bills - State Budget Bills, only, appears 3092. Mr. Clerk."
"House Bill 3092, a Bill for an Act making appropriations for the Common School Fund of the State Board of Education. Third Reading of the Bill."
"Representative Hastert." 170 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Hastert: May 21, 1986 Gentlemen of the "Thank you, Mr. Speaker, Ladies and House. This is for the pension funding for the downstate and the City of Chicago teachers. And I ask for its movement... positive passage."
"Is there any discussion? Representative Dunn." Gentleman from Macon,
"Will the Sponsor yield for a question?"
"Yes."
"At what level of payout is the appropriation for the Teacher Retirement System funded this year?"
"Representative Dunn, it's at 100 percent."
"What percent?"
"One..."
"A hundred percent?"
"One hundred percent."
"Thank you. And, Ladies and Gentlemen, to the Bill. You know, we used to fund teacher retirement at 100 percent of payouts until about 1980, and we were asked, for one year, to drop down to 60 percent, as I recall, and it would be for a one year program. Teachers don't make a lot of money, and their retirement fund should be secure, but the good souls in the teaching profession went along with that for one year. And in '80, in '81, '82, in '83, in '84, in '85, we didn't see anything back to 100 percent. It's a very significant figure. What that means in laymen's terms is that the... if a dollar of pension checks are paid out, a dollar of taxation will come in to balance that so the teachers' nest egg, their retirement fund, will not be depleted. I congratulate the Governor for supporting funding at 100 percent of payouts and perhaps it has something to do with a little Bill I filed last year to catch it all up at once. It's good that we're at 100 percent, but we haven't caught up the depletion in the 171 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 teachers' nest egg and I think we need to see additional funding to make sure that the retirement fund, for those who serve long and hard in the teaching profession, will be adequately protected and secure, to tell the people who devote their lives teaching that their benefits will really be there when they need them in retirement. So, this is the first, but not the last, step that we need to take to put the Teacher Retirement System Fund back on solid footing. I congratulate this first step and urge an 'aye' vote."
"Question is, 'Shall House Bill 3092 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 112 'ayes', no 'nays', 2 voting 'present'. House Bill 3092, having received the Constitutional Majority, is hereby declared passed. Appropriations Bills, state budget Bills only, appears House Bill 3255. Mr. Clerk. Representative Leverenz. Mr. Clerk, read the Bill."
"House Bill 3255, a Bill for an Act making appropriations for the Attorney General. Third Reading of the Bill."
"Representative Leverenz."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This is the budget for the Office of Attorney General in General Revenue amount of 24,565,000 dollars - a little below the previous year. I ask for your 'aye' vote."
"Any discussion?"
"There being none..."
"There being none, the question is, 'Shall House Bill 3255 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Representative Mulcahey, 'aye'?" 172 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Representative Mulcahey, 'aye'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 114 'ayes', 1 'no', and none voting 'present'. House Bill 3255, having received the Constitutional Majority, is hereby declared passed. Appropriations Bills - State Budget Bills, only, appears House Bill 3257. Mr. Clerk."
"House Bill 3257, a Bill for an Act making appropriations to the Supreme Court. Third Reading of the Bill."
"Representative Matijevich."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3257 makes appropriations to the Supreme Court of Illinois for its ordinary and contingent expenses. As introduced, the Bill was for 147,168,803 dollars, and on Second Reading, we added funds for a staff attorney in the appellate res research for the 2nd Appellate District. I want to say at this time that we did have some discussion on Second Reading regarding the fact that the courts did not provide information for the Chairman, Ted Leverenz, and Jeff Mays, and Rich Mautino. As soon as we concluded that discussion on Second Reading, I called the acting administrator. He apologized effusively about that and came very quickly with the information on contractual services for the judicial conferences and the judicial management information services. I think he made an apology to those three gentlemen, also. And by me here, I'm saying the same thing for all of the Committee. I told the Gentleman that I served as Chairman of the Appropriations Committee, and they had a valid complaint. I now ask for your support for House Bill 3257."
"Any discussion? Being none, the question is, *Shall House Bill 3257 pass?" All those in favor signify 173 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 by voting 'aye", opposed vote "no". Have all voted? Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 112 ayes', 1 'no', 2 voting 'present'. House Bill 3257, having received the Constitutional Majority, is hereby declared passed. Appropriations Bills - State Budget Bills, only. House Bill 3343. Mr. Clerk."
"House Bill 3343, a Bill for an Act making appropriations to the Attorney General. Third Reading of the Bill."
"Representative Leverenz."
"Thank you. House Bill 3343 would appropriate 1,600,000 dollars. One hundred thousand comes from the Attorney General's Grant Fund and the 1,500,000 from the Violent Crime Victims Assistance Fund to the Attorney General. I would ask for your 'aye' vote for the passage of the Bill."
"The Gentleman from DeWitt, Representative Vinson."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House, I wonder if the Sponsor might yield for a question?"
"He will."
"Representative, I don't have the file on this Bill. My question is, is this just the Crime Victims Compensation Fund or is this the OCE that includes the unnecessary district offices around the state that the Attorney General has chosen to create?"
"The necessary district offices were encompassed in 3255, which you probably voted for about ten minutes ago."
"Thank you."
"Are you the mystery candidate?"
"For what?"
"For the mystery office, of course." 174 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
"You're going candidate." to be very surprised May 21, 1986 when you see the
"Okay, Bernie. Speaker, I move for the passage of the Bill."
"The Gentleman moves for the passage of 3343. The question is, 'Shall House Bill 3343 pass? All those in favor signify by voting 'aye', opposed vote 'no'."
"Speaker, to explain my vote. I'd like to thank everybody for their find cooperation today in passing these Bills."
"Thank you. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 110 'ayes', no 'nays', none voting 'present'. House Bill 3343, having received a Constitutional Majority, is hereby declared passed. The Chair would like to thank Representative Barnes and Representative Hastert for their help. On the Special Order of Business, appears Environment, page 9 of the Calendar, appears House Bill 2793. Mr. Clerk."
"House Bill 2793, a Bill for an Act to create a pilot program for the creation of energy through the disposal of waste. Third Reading of the Bill."
"The Lady from St. Clair, Representative Younge."
"Thank you very much, Mr. Speaker. House Bill 2793 creates the Metro-East Solid Waste Disposal and Energy Producing Service and provides that this service shall, when organized, develop a five year plan for a district system of waste disposal and energy producing service. This Bill would create a service involving five municipalities in the Metro-East area. When these municipalities would agree to go forward with the service, they would produce... they would submit to the Governor three names to represent the particular municipality and 175 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 the Governor would chose one of the three names. And then when the board is organized, then it shall come up with a plan to deal with and dispose of the solid waste in the municipalities. The appropriations part of this Bill was in "Build Illinois" last year. A sum of 100,000 dollars was appropriated for the ordinary and contingent expenses of this Metro-East Solid Waste Disposal Service. The Lieutenant Governor favorably recommended this amount to the Governor, and these funds will be reappropriated, I believe, for the expenses of this service. The problem in the area is that the five municipalities do not have an adequate way of disposing of their solid waste, and so, therefore, they wish to join together and form this special district in order to handle it. We're talking about the municipalities of Venice, Brooklyn, Centreville, East St. Louis and Alorton. And I ask for your support for this matter."
"The Lady moves for the passage of House Bill 2793. And on that, the Lady from Marshall, Representative Koehler."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Would the... Would Representative Younge please yield for a question?"
"Yes."
"Thank you very much. Representative Younge, I notice this creates a new agency. Now, it is a quasi public utility, as I see described here, and it is somewhat in the arm of the state. Can you please explain how this might... how this would work?"
"It would work by the five municipalities that are mentioned here. Their governing boards presenting a list of three people to the Governor, and then the Governor would chose the one of the three persons presented to serve 176 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 on the board, and then the board would be constituted and would hire a consultant to develop a five year plan as to how these municipalities would handle their solid waste. How they would dispose of their garbage and trash. And it would... In our area, the Bi-State Development Authority has the responsibility for solid waste and with... in conjunction with Bi-State, it would develop a plan as to how... what type of system would be used, and then a system would be built probably. And it would... the system would be paid for as a result of the tipping fees or the service fees that would come from the trash collection."
"Well, Representative Younge, would this not be somewhat precedent setting? Is it not unique that this would be the only solid waste disposal unit to be formed that would be an... that would be an instrumentality of the state?"
"I think that it is on the forward wave of the direction to go in. These five municipalities individually cannot handle their solid waste disposal problems. They are... The fees are getting higher and higher, and the trash and the garbage is stacking up. And so, they have decided they want to come together to work out a plan as to how they're going to handle this together and, I think, it is a very forward type of move. And it may be that other regions and other municipalities will want to do that, too."
"Well, Representative Younge, I certainly... I certainly realize the sincerity of your efforts, however, I am concerned about the fact that you have mentioned that this... this unit would then hire consultants to draw up a plan. I see here where they are... it would also authorize these service to hire staff people. And perhaps you might indicate what you believe the cost of this particular piece of legislation to be."
"Thank you, Representative. In *Build Illinois* last 177 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day year, it was 100,000 dollars for this. Governor was May 21, 1986 And the Lieutenant asked by the Governor to look at the various amounts in 'Build Illinois, and the Lieutenant Governor favorably recommended this item to be approved to the Governor, and it has been approved. And this..."
"Well, I realize it has been approved, but has it been reauthorized this year?"
"That is the process we are going through now, and there is a request for its reauthorization."
"Well, it is my understanding that this... this reauthorization is not currently in the Senate Appropriation and, while I certainly commend you on the sincerity of your efforts, Representative Younge, I think this is an unnecessary precedent to be setting for creating a solid waste disposal unit, that in all actuality is being subsidized somewhat by the state. And we really do not have any idea how much this is going to cost. As I said, I certainly appreciate the sincerity of your effort, but I think that it is the wrong precedent to be setting for the State of Illinois, therefore, I oppose this measure. Thank you."
"In further answer to your question..."
"Representative... Representative Younge, that was not a question. Representative Churchill."
"Thank you, Mr. Speaker. Will the Gentleman... or the Lady yield?"
"Yes, she will."
"Representative Younge, last year, by House Bill 2022, we passed an Act which allowed local governmental units to bind together by contract and agreement to do exactly what this Bill seeks to do. Why don't you just use the provisions of the law as they are in existence right now?"
"The... These municipalities are requesting that the 178 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 120th Legislative Day Metro-East Solid Waste Disposal Service be enacted into law. In the Governor's "Build Illinois" Bill, in the Senate, is the request for reappropriation of the 100,000 dollars for the study. This would be the substantive legislation to match that, and the request here is that this be put and authorized by law."
"I understand that they've made a request for you to do this, but you can already do it by that Bill last year. You don't need this Bill."
"Yes, the reappropriation of the funds for this, which is the subject matter of this, is already in the Governor's budget in the Bill in the Senate, and this would be the substantive Bill to... in line... and for that, Representative."
"But, you could... you could appropriate, if you had a governmental unit put together by local government agreement, you could appropriate to that anyway. Why don't you... I mean, I guess what I'm saying is, I don't see that there's any need to put this Bill into place because you can put the organization together that your talking about already under existing law, and you can appropriate to that organization without the necessity of this Bill. This is not needed. Thank you."
"Well, I think it's desired, though."
"To the... To the Bill. Okay, Representative Hastert."
"Would the Sponsor yield?"
"Yes."
"Representative Younge, I respect your efforts, and especially the efforts for your own district, but, you know, we've just gone through a whole appropriation process. And it looks to me like this is a Bill that we really would pass, and then we'd set up the whole scenario 179 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 where we have to appropriate money for it, and there would be a cost to this. Is that not correct?"
"The cost is in the Governor's budget, Representative Hastert. The Governor has in his budget a reappropriation amount, in the Bill in the Senate, of 100,000 dollars, which has been favorably recommended by the Lieutenant Governor. This Bill would be the substantive part of that, and I ask this Assembly to permit me to go ahead with this substantive part to match the reappropriation request of the Governor of the 100,000 dollars. That's fair play."
"To the Bill. Representative, I have a hard time understanding why the Governor would appropriate money, when there is no substantive program for that money to go. Now, there might have been a 'Build Illinois' Program, but this is outside of the scope of 'Build Illinois'. And it looks like the same scenario, where we're passing a substantive Bill, and all of a sudden, we have an appropriation that we're going to have to fill. And I think we... this Bill deserves a 'no' vote."
"The question is, 'Shall House Bill 2793 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 41 'ayes', 64 'nos'. Representative Younge, the Bill does not have enough votes to put on Postponed. Representative Younge."
"Right, I'd like to explain my vote."
"Certainly."
"In approved... In 'Build Illinois' last year, was the small appropriation of 100,000 dollars for the ordinary and contingent expenses for this agency. The substantive part of that appropriation is this Bill. It is imparative that we have this agency set up, in order to match the reappropriation funds that the Governor has put in his 180 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 "Build Illinois Program. I have a district that has a serious problem in reference to its trash collection. These very small municipalities are asking that they be permitted, under the statute, to join together to form the Metro-East Solid Waste Disposal Agency. That, that agency be given the power to float bonds and to come up with a plan, a five year plan, as to how they're going to dispose of their solid waste. Ordinarily, you have a situation where the question is, where are the appropriations coming from? But in reference to this Bill, the Governor has put the appropriation in the 'Build Illinois Program. And I ask you in simple justice to permit us to go ahead to establish the substantive part or the Solid Waste Disposal Agency. It's a very creative approach to a very important problem in my district. There can be no new landfills, and so, municipalities must come up with alternative approaches to solid waste disposal. We don't have to worry, as a state, as to how the plan is going to pay for it. The tipping fees, the fees from the various municipalities will..."
"On this Bill, there are 41 'ayes', 64 'nos'. Representative Johnson, we took the record. Did you want to... We took the record. Representative Johnson."
"I was just going to ask leave to change my vote to 'yes', so this can be put on Postponed Consideration, as a courtesy to the Sponsor."
"Alright. Representative Johnson changes from 'no' to 'aye'. Representative Harris, 'aye'. Representative Parke, 'aye'. Representative Martinez, 'aye'. Representative Daley, 'aye'. Representative Zwick, 'aye'. Representative... Representative, you now have enough votes for Postponed Consideration. Is that what you request?" 181 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
"Yes, that would be my first request. enough votes for passage. I had noticed..." May 21, 1986
Maybe we have Speaker McPike: "And this Bill will be put on... on 47 'ayes", 59 'nos', and the Bill will be placed on Postponed Consideration. House Bill 3583, Representative Younge. Mr. Clerk."
"House Bill 3583, a Bill for an Act to amend the Illinois Coal and Energy Development Bond Act and Environmental Protection Act. Third Reading of the Bill."
"The Lady from St. Clair, Representative Younge."
"Yes. This Bill, 3583, is a Amendment to the Coal Bond Fund Act, and the request here is that municipalities be able to use part of the... an additional set aside of the Coal Bond Funds to make feasibility studies as to the possible purchase of public utilities in municipality."
"Representative Younge."
"Yes."
"Do you move for the adoption?"
"Yes."
"Representative Younge has moved for the passage of House Bill 3583. And on that, the Lady from Marshall, Representative Koehler."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise in opposition to House Bill 3583. Currently, the Coal Development Bond Fund can be used only for capital development and not for feasibility studies or other purposes. I, again, think that this is allowing for a dangerous precedent. I do not think that we need to take monies that are currently being used for very important capital development projects and be using those for feasibility studies. And while I certainly recognize Representative Younge's desire to represent the people of her district very well, I think that this, again, is an 182 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day inappropriate opposition." May 21, 1986 piece of legislation. And I rise in
"Further discussion? There being none, the question is, 'Shall House Bill 3583 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 32 'ayes', 64 'nos', 4 voting 'present'. House Bill 3583, having failed to receive the Constitutional Majority, is hereby declared lost. On the same Subject Matter, Environment, we will hear House Bill 3036. Representative Klemm has informed me that he will not be here for his Amendment. So, we will take it at this time. House Bill 3036, Mr. Clerk."
"House Bill 3036, a Bill for an Act to amend the Environmental Protection Act. Third Reading of the Bill."
"Representative Matijevich asks leave to return the Bill to Second Reading for purposes of an Amendment. Any objections? Hearing none, leave is granted. Second Reading. Any Amendments, Mr. Clerk?"
"Amendment #7, offered by Representative Klemm and Mc Pike."
"Representative Klemm."
"Thank you, Mr. Speaker. I'd like to withdraw Amendment #7."
"Amendment #7 is withdrawn. Further Amendments?"
"Floor Amendment #8, offered by Representative Klemm and McPike."
"Representative Klemm, Amendment #8."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #8 makes technical changes and some substantive changes. It changes from 30 to 35 the number of days in which to file a petition. It also allows that the board can adopt a final order, rather than waiting for 183 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 the next board meeting to take place. It changes and includes a unit of local governments, since many local governments are now part of the environmental protection enforcement regulations. We've added a Section that provides that it does not apply to sanitary landfills operated by a unit of local government, solely for the purpose of disposing of water and sewage treatment plant sluges, including necessary stabilizing materials which was in the original Bill. And we also included the last Section of the Amendment, which adds a Section saying that the penalties and fines, 50 percent of such, can go to the unit of local government to help defray their cost. I'll answer any questions, but I move the adoption of Amendment #8."
"The Gentleman moves for the adoption of Amendment #8. Is there any discussion? Being none, the question is, "Shall Amendment #8 be adopted?" All those in favor signify signify by saying 'aye'... Representative Matijevich."
"I have no problem with the Amendment, but I did want to ask a question to the Sponsor of the Amendment."
"Proceed."
"Representative Klemm, it is my understanding that your Amendment specifically exempts sanitary landfills, which are operated solely for the purpose of disposing of water and sewage treatment plant sluges, from the new administrative citation procedures that was under Section 31.1. Am I correct that it is your attempt that sanitary landfills not be covered by this new procedure?"
"Yes, you are correct. It is not my intent."
"Alright. Thank you, Representative Klemm. First, I appreciate your Co-Chief sponsorship of the Bill. I appreciate your response, because it was my original intent 184 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 to lift those unreasonable burdens against my sanitary district, and your Amendment is within the spirit of that original purpose and I appreciate it."
"You're entirely welcome. Thank you."
"The question is, 'Shall Amendment #8 be adopted? All those in favor signify by saying 'aye', opposed "no". The 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. The Gentleman asks leave to waive the appropriate rule so that House Bill 3036 can be heard at this time. Any objections? Hearing none, leave is granted. Appropriate rules are waived. Mr. Clerk, read the Bill."
"House Bill 3036, a Bill for an Act to amend certain Acts in relation to environmental protection. Third Reading of the Bill."
"Representative Matijevich."
"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 3036 is now the, what we call the vehicle Bill for all environmental issues. It started out as a Bill removing those. what we called, unreasonable manifesting burdens on my North Shore Sanitary District. It was amended on Second Reading by Representative McPike. There were a series of Bills that various Members here Cosponsored, including Representative Klemm and Representative Churchill and others, and this Amendment that we have just offered and adopted. I, now, ask for your support of House Bill 3036."
"And on that, the Gentleman from Winnebago, Representative Hallock."
"Thank you, Mr. Speaker, Members of the House. I, also, rise in support of the Bill, but I'd like to also add, in 185 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 terms of legislative intent, our intention with regard to Amendment #3, of which I was a Joint Sponsor. I'd like to point out that the changes being made in this Bill, in Sections 27 and 28.1, are needed to remove a cloud placed on site specific standards adopted by and pending before the Pollution Control Board. This cloud was created when the 4th District Court of Appeals misinterpreted Section 28.1 in case of Central Illinois Public Service Company versus the Pollution Control Board. In its order, the Court interpreted Section 28.1 to mean that no adjusted or site specific standard could be adopted by the Board, and this is a regulation of general applicability, specified the level of justification required of a petitioner to qualify for adjusted or site specific standard. This was and is clearly not the intent of Section 28.1. Section 28.1 of the Act was adopted at the request of the Board, in order to give the Board an optional rule making procedure that would be more streamlined then the existing regular rule making process. It was never intended to be placed the regular rule making process. Lastly, this change makes it clear that Section 28.1 shall not affect or limit the authority of the Board to adopt, amend, or appeal regulations specific to individual persons, geographic areas, or sites pursuant to Section 28 and... 27 and 28 of this Act, and will restore the viality of the numerous requests for site specific relief. Thank you very much. Mr. Sponsor and Members of the House. That is the legislative intent, which I believe we had to make clear, because that clarifies Amendment #3 and its purposes. Thank you."
"Further discussion? Representative Currie."
"Will the Sponsor yield for a question?"
"Yes, he will. Representative Matijevich." 186 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
"Representative Matijevich. May 21, 1986 Representative Matijevich, one of the Amendments, Amendment 3, I believe clarifies the authority of the Pollution Control Board to set site specific pollution standards for industrial facilities. I gather that this is a response to the court decision in Central Illinois Public Service Company versus the Board. Is my understanding that this Amendment should not be construed or interpreted as a criticizm of the Board's substantive decision accurate? Is it, in fact, intended merely to address a procedural issue raised by the Appellate Court, rather than the substance of that... of that decision?"
"Yes, as usual, Representative Currie, you're entirely correct, and it's... is... merely... purely addressing the procedural matter."
"To the Bill, if I may, Mr. Speaker and Members of the House. I'm going to vote for this Bill. I think it contains some excellent provisions. I'm slightly hesitant about the underlying substance of the Bill - the Bill before Amendments. I do not oppose the idea of streamlining manifesting requirements for sanitary districts, but I think that we should be concerned as a Legislature that we not deal with the issue of hazardous waste disposal on a piece meal basis. And I hope that the Pollution Control Board will not interpret this action as a reason for them to fail to hold hearings on the waste classification work that the Department of Energy and Natural Resources has done in response to legislation adopted by this Assembly two years ago. I think it's time for the Board to hold hearings on that report and develop the kinds of regulations for reclassifying special weights, fine tuning the manifest requirements, certainly a more orderly process and a more protective process for the 187 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 public health, then piece meal changes in that program by this Assembly. I think this is a good Bill. I hope the Pollution Control Board gets the right message from passage of House Bill 3036."
"The Gentleman from DeWitt, Representative Vinson."
"Thank you, Mr. Speaker. I wonder if the Sponsor would yield for a question?"
"Yes."
"Representative. Representative. is there anything in this Bill, as it is now amended and as we're now voting on it that would reduce or eliminate the minimum distance that garbage transfer points cannot be located in regard to residential property?"
"No, Sir."
"Thank you."
"And Representative Matijevich to close."
"Appreciate your support."
"The question is, 'Shall House Bill 3036 pass?' All those in favor signify by voting 'aye", opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 114 'ayes', no 'nays', none voting 'present'. House Bill 3036, having received the Constitutional Majority, is hereby declared passed. Representative Greiman in the Chair."
"Representative McPike in the Chair."
"He was tired. The Chair now intends to go to a Subject Matter dealing with all those Bills on Second Reading that will appear tomorrow on Special Order of Business. And the first Bill is House Bill 2313, Representative Homer. Read the Bill, Mr. Clerk."
"House Bill 2313..."
"Representative Homer." 188 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
"Thank you, Mr. May 21, 1986 Speaker. Actually, the Bill... We took final action on the Bill earlier this morning. So, I would ask to take it out of the record. Thank you."
"Fine. Thank you. Okay. House Bill Representative Greiman. Mr. Clerk, read the Bill." 2409,
"House Bill 2409, a dill for an Act concerning domestic violence amending and repealing certain Second Reading of the Bill. adopted in Committee."
Acts. Amendments #2, 3, 4 and 5 were "Any Motions filed?"
"No Motions filed."
"Any Floor Amendments? Representative Greiman." Greiman: to "Thank you. Speaker. I would like move to table Amendment 4, which is picked up in a later Amendment and clarified in a later Amendment."
"The Gentleman moves to table Amendment #4. Any discussion? There being none, the question is, 'Shall Amendment #34 be tabled?' All those in favor signify by saying 'aye', opposed 'no. The 'ayes have it. Amendment 4 is tabled. Further Amendments?"
"Floor Amendment #26, offered by Representative Johnson."
Johnson "Representative Johnson on Amendment #6." Act a and the "Is this Amendment #6? Yes, this... This Amendment deals with the subject matter of venue, and it provides that an order of protection for exclusive possession of resident can be only brought in the county of residency. The problem is this, the Domestic Violence Domestic Violence Act, as would be amended, allows someone to go, husband or wife depending on the circumstances or boyfriend or girlfriend depending on the circumstances or in-law or in-lawed depending on the circumstances, to go in and get, under certain circumstances, exclusive possession 189 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 of someone's residence. The problem is, the way the Bill reads, it allows you to do that in adjoining circuits, which would mean that if someone lived in Champaign County and allegedly committed some violation so that someone else was able to take exclusive possession of their residence, they'd be able to go and get an order almost down to St. Louis. Since the 7th Circuit, that Springfield is in, is adjoining the 6th Circuit, which Champaign County is in. So, someone would go all the way in Greene County, or whatever county is almost to St. Louis, file a petition to get exclusive residence of a home or an apartment or whatever in Champaign County and then require the person to protect the residence and to contest the allegations that are contained to drive 180 miles or pay an attorney a substantial amount of money to run half way across the state to defend it. All this Amendment says is, if you're going to get an order of protection for exclusive possession of residence, that petition has to be brought in the county where the residence lies. It seems to be a very reasonable approach. In our discussion, with the people who are supportive of this Bill, I don't recall whether they said, "yes, I'll accept that", but everybody understood the problem. And I think it's a very reasonable approach and would at least bring this Bill into a little more conformance with some common sense."
"Representative Greiman."
"Thank you. I would stand in opposition to the Amendment. Representative Johnson, very kindly spent a lot of time in this Bill and made some very cogent and thoughtful suggestions that have been incorporated into the Bill. So, some of the things in the Bill are indeed the product of Representative Johnson's good works. This, however, is... creates another difficulty. If it were, in 190 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 fact, the circuit... limited to the circuit, it might be appropriate. But the problem is that they do not have domestic violence shelters in every downstate county. They have them in some counties. and what you have then is someone filing for an order of protection in the circuit or the county in which they are in a shelter, if they've been forced out of their home, and now they have to go back and they can't have the action in the same county. So, they got to end up with two actions, and they have to have another lawyer who goes with them. So you end with a... you may end up with a multiplicity of actions and that's the real problem. I recognize, indeed, that the suggestion that Representative Johnson makes that there may be a burden is indeed true, however, one of the parties is going to have a burden. It may have, indeed, a burden of transportation. So, the question is, do you place the burden on the alleged abuser or do you place the burden on the person who is claiming to be abused. It's a close question. It could go either way. I would tend to come down on the side of the abused and... but respectfully understand where Representative Johnson comes from. Accordingly, I stand in opposition to this, because, I think, when you weight the balances between the parties, it should come out the other way. So, I would oppose the Amendment."
"Further discussion? Representative Dunn."
"Thank you. Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of Amendment #6 to House Bill 2409 and would like to suggest to the Membership that the Amendment is a good Amendment to require that these hearings be held in the county where the residence is located. It's not every alleged victim of domestic violence who must seek shelter in a domestic violence shelter. Don't forget that 191 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 this Act contemplates cause of action filed under this statute between two people who share a common dwelling. And there may be many situations where the person seeking the protective order does not feel the need to run to a domestic violence shelter. Sometimes that may be the case and there may not be one in every county. But there are a terrible lot of exparte orders sought, a terrible lot of proceedings under this, the existing statute, it will be under this Act. And I think most of them are people who will bring the action in their home county, who are living in the county and we don't need to authorize going from the end of one circuit to the end of another, which downstate may be in excess of 100 miles, to cause somebody to drive 100 miles for a hearing. I think Amendment #6 is a good Amendment, and I would urge its adoption."
"Further discussion? Representative Johnson to close."
"I want to... because only a... fortunately a small number of people either in a professional capacity or otherwise deal with this. I want to really be as grassroots in explaining this as I can. What you're talking about here is allegations, not proof, but allegations that would permit someone to divest you of your right to live in your own house, to gain exclusive possession of a house that you own or that you rent. Now, that's alright. I guess it's alright or the Act presumes it's alright, under certain circumstances, but that's a pretty severe remedy to take someone's home away from them for a considerable period of time, if not permanently, depending upon the circumstances. All we're saying is, if you want to take someone's home away, the petition to have exclusive possession ought to lie in the county where the home is located, not 180 miles away where you expend money 192 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 for attorney fees and costs and hotel rooms and everything else that could otherwise be used for the children and the family to defend a case that's brought as much as 180 miles away according to the circuit. I realize and I appreciate Representative Greiman's and other people's willingness to listen to our ideas on this. It's a much better Bill then it was when it was emerged, although I would have much preferred that a 100 and some page Bill have Subcommittee Hearings over the summer. Nonetheless, this is an extremely reasonable moderate approach. If you're going to take somebody's house, you're going to give him exclusive possession of the House, you ought to have to do it in a county where the residence is."
"The Gentleman moves for the adoption of Amendment #6. All those in favor signify by voting 'aye", opposed vote "no". Have all voted? Have all voted who wish? The Clerk will take the record. On this Amendment, there are 91 'ayes', 17 'nos', 5 voting 'present'. The Amendment is adopted. Further Amendments?"
"Floor Amendment な7, offered by Representative Johnson."
"Representative Johnson."
"I think this is a technical Amendment, Representative Greiman. Do you accept this? I think... I think it's just a mistake... not a mistake, an oversight in the existing law. This Amendment would permit the transfer of any proceeding to extend, modify, reopen, vacate, or enforce any order of protection to the county of residence, not the judicial circuit, where an order of protection is issued by a court in a county, not a judicial circuit, where neither party resides. It deals with foreign nonconvenience, and I don't think the intention of the drafters was to talk about judicial circuits, but to counties because that's the whole 193 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 basis of the doctrine of foreign nonconvenience."
"Representative Greiman."
"Yes, I will accept Amendment 7."
"The question is, 'Shall Amendment #7 be adopted?' All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"
"Floor Amendment #8, offered by Representative Greiman."
"Representative Greiman."
"Yes, this is a very short Amendment. Just provides that the court may direct a copy of the order entered be provided to the state's attorney with respect to possible... questions of untruth and that's all it is."
"Gentleman moves for the adoption of Amendment #8. Any discussion? Representative Dunn."
"Yeah, where does this... Question. Where does this fit into the text of Amendment #2? Can you direct me to a page?"
"Representative Greiman."
"I'm looking at the Bill. Apparently... Wait a minute. Apparently, on Amendment #2, page 31, is where it would fit in. It would fit in after line... refers to Amendment 5, I guess, and I believe it's at the end of that provision, the end of Section 226. That's where it fits."
"Okay. What... Exactly what does this Amendment do?"
"Merely provides that the court, in its discretion, can direct that an order entered under the Section be provided to the state's attorney."
"Why do we need..."
"I mean a court can probably do that on its own motion, I suspect, but in case there's a question of it, the court's allowed to do it." 194 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 120th Legislative Day
"Why do we need this? Can't the state's attorney get copies of orders now if he or she..."
"It's the way the court has made some determinations, Mr. Dunn, and the court believes that, perhaps, there is some question of veracity of a witness. Indeed, the state's attorney can do it very easily. It's public records."
"What... Well, it refers to perjury. What... If perjury occurs at any time and the issue is directed to the state's attorney, the state's attorney can make a judgment about the matter and can the court not, on its own motion, when it senses perjury, notify the state's attorney? Do we..."
"Well, the answer is, indeed, that I'm not sure whether the court can or not, but this merely makes it clear that the court can do it. It's clearly directory. It doesn't mandate anything to anybody, so if the court cares to do it, it can do it. If the court believes that there is some basis, the court can do it."
"Well..."
"To the Amendment, Mr. Dunn."
"To the Amendment, I urge a 'no' vote."
"Gentleman moves for the adoption of Amendment #8. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"
"Floor Amendment #9, offered by Representative Greiman."
"Representative Greiman."
"Yes, thank you, Mr. Speaker. Amendment 9 makes some changes as to the specificity of what it should be in an order of protection to make it clear that all of the parties protected are to be written so there can't be any question about that. It requires a court to very 195 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 specifically state the reasons for the remedies for injunctive relief so they can't just... where there's a stay away order, so they can't just give a general thing. It's to protect people so that there are no general issues left and it very specifically, the order must state what is objected to. It also makes some capitalization and punctuation and phraseology corrections which don't alter the intent or purpose of mission of the Bill."
"Gentleman moves for the adoption of Amendment #9. On that, Representative Dunn."
"I need further explanation of the Amendment. The copy I have defines adult with disabilities and I don't see the... in the text of the Amendment, the matters to which the Sponsor was referring."
"Representative Greiman."
"I'm told that that definition is exactly what's in the law now, but it just changes it and puts it in another place. So, that's not a substantive change. It's just a... it's a form change, Mr. Dunn."
"But then is there a substantive change in Amendment #9?"
"Substantive in the sense that the court... it requires that the court specifically state for the record in writing the reasons why the remedies for injunctive relief or possession of personal property or stay away order were denied. It must specifically state that, so..."
"Where does it say that in Amendment #9?"
"Well..."
"Representative Dunn, do you have any further questions or just a conference...?"
"Well, just wait. We want to just make sure that Mr. Dunn is correct or I'm correct."
"Representative Greiman."
"Yes, so apparently that is in the Amendment, as I 196 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day indicated, as in the definition of adult elsewhere May 21, 1986 disabilities is in the Act and is moved around, I'm advised, and most of the changes, apparently, are as to form and not deep substance."
"Well, Representative Dunn, does that satisfy you or what?"
"I... perhaps. Let's go over again what you said this Amendment does. I see that on page 25 in line 26 we are inserting language to say that an order of protection shall further state, in addition to what is already in the Amendment, the name of each other person protected by the order. Now, what's the significance of that?"
"So that that person who is subject to the order would be advised as to what people are protected by the order. That's the purpose of it."
"Okay."
"Gentleman moves for the adoption of Amendment #9. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"
"Floor Amendment #10, offered by Representative Greiman."
"Representative Greiman."
"Would you withdraw 10?"
"Amendment #10 is withdrawn. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2596. Read the Bill, Mr. Clerk."
"House Bill 2596, a Bill for an Act to amend the Uniform Criminal Extradition Act. Second... Third... No, Second Reading of the Bill. Amendment #1 was adopted in Committee." 197 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES
TRANSCRIPTION DEBATE Speaker McPike: "Any Motions filed?"
"No Motions filed." May 21, 1986
"Any Floor Amendments?"
"Floor Amendment #2, offered by Representative Churchill."
"Representative Churchill, Amendment #2."
"Thank you, Mr. Speaker. Floor Amendment #2 pertains to the trips that are being made by these law enforcement officers. There is some question as to, you know, if the officers start using the extradition process to take trips to, say, Florida or California or Hawaii during the wintertime that they might be abusing the power of the extradition process. And so, Floor Amendment #2 basically says that these types of trips should be given special scrutiny by the State Comptroller."
"Gentleman moves for the adoption of Amendment #2. Is there any discussion? Gentleman from Madison, Representative Wolf."
"Thank you, Mr. Speaker and Members of the House. I have no objection to this Amendment, but I would think that the scrutiny contemplated by the Amendment would be an ongoing process, not only by the Comptroller, but by the Governor's Office as well. I would approve the Amendment."
"Gentleman moves for the adoption of Amendment #2. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Representative Greiman, in the Chair."
"Yes, on the Order of Criminal and Civil Law, Second Readings, appears House Bill 2947, on page 14 of the Calendar. Mr. Clerk, read the Bill." 198 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"House Bill 2947, a Bill for an Act to amend Sections of the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative DeLeo."
"Gentleman from Cook, Mr. DeLeo, on Amendment #1."
"Thank you, Mr. Speaker and Members of the House. Amendment #1 amends the Illinois Vehicle... it adds on the out-of-state residents, non-resident violator compact. I ask for the adoption of Amendment #1."
"Gentleman from Cook, Mr. DeLeo, moves for the adoption of Amendment #1, and on that, the Gentleman from Knox. Mr. Hawkinson."
"Thank you, Mr. Speaker. Will the Sponsor yield? Representative, you said this adds a uniform compact. In what way does this affect your original Bill?"
"The... It reinstates the provision for the non-resident violator compact. It's adding out-of-state residents. We're in the non-resident violator compact. In the original Bill, this took the out-of-state residents out of it. This puts it back in."
"The original Bill, as I understood it, provided that non-residents could still sign a promise to appear. This prevents them from doing that?"
"It... the original Bill... no, no. This... The original Bill did not have out-of-state residents. This adds out-of-state residents."
"I'm still a bit confused. I understood the original Bill provided that non-residents could still sign a promise to appear and if your Amendment changes the effect on non-residents, this now puts non-residents in the same 199 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 posture as residents and requires them to post a license, cash or bail bond card?"
"No, no, no, absolutely the opposite of what you are saying."
"So, in Committee when we... when you indicated that non-residents were not affected, you were in error and now you are changing it to be your original intent?"
"Yes, I'm not... yes."
"Alright, thank... thank you."
"Further discussion? There being none, the question is, 'Shall Amendment #1 be adopted?' Those in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendment?"
"Floor Amendment #2, offered by Representative Churchill."
"Yes, Floor Amendment #2. Mr. Cullerton, for what purpose do you seek recognition?"
"Yes, Mr. Speaker, I would ask the Parliamentarian to see if Amendment #2 is out of order, in light of the passage of Amendment #1."
"Alright, we'll look at it. Yes, Mr. Churchill, do you wish to withdraw it?"
"We withdraw Amendment #2."
"Alright. Amendment #2 is withdrawn. Further Amendments?"
"No further Amendments."
"Third Reading. On the Order of Criminal and Civil Law, Second Reading, appears House Bill 3305. Mr. Clerk, read the Bill. Mr. Clerk, excuse me. Mr. Terzich. Out of the record. 3306, out of the record. On the Order of House Bills, Criminal and Civil Law, Second Reading, appears House Bill 3590. Mr. Clerk, read the Bill." 200 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"House Bill 3590, a Bill for an Act relating to marriage and child support. Third Reading of the Bill."
"Excuse me, out of the record. Out of the record. On the Order of Criminal and Civil Law, Second Reading, appears House Bill 3606. Mr. Clerk, read the Bill."
"House Bill 3606, a Bill for an Act to amend the Criminal Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions with respect to Amendment #1?"
"No Motions filed."
"Excuse me, wait. Mr. O'Connell. Mr. O'Connell apparently is not in the chamber. I thought he was in the chamber. So, we will take that out of the record, but we'll come back... we'll return to it. Now, on the Order of Education, Second... House Bills, Second Reading, appears House Bill 768. Mr. Steczo. Mr. Clerk, read the... out of the record. You wish to proceed, Mr. Steczo? Out of the record. Okay. On that same Order, appears House Bill 1227. Ms. Younge. Mr. Clerk, read the Bill."
"House Bill 1227, a Bill for an Act to amend Sections of an Act creating the Department of Children and Family Services. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions with respect to Amendment #1?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, offered by Representative Younge."
"Lady from St. Clair. Ms. Younge."
"Thank you very much. Mr. Speaker. Amendment #2 would change the Bill to make it authorize that the Department of 201 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 Commerce and Community Affairs would make a grant to the State Community College for a Family Resource Center. I move for the adoption of the Amendment."
"The Lady from St. Clair moves for the adoption of Amendment 2 to House Bill 1227, and on that, is there any discussion? There being none, the question is, 'Shall this Amendment be adopted?' All in favor say 'aye, opposed 'no'. Is there... Mr. Cullerton, I'm sorry."
"Yes, I wonder if the Lady would yield for a question?"
"Indicates she will yield for questions."
"As I understand the Amendment, it adds one line."
"Yes, that's correct and that is to make the grant available to the State Community College of East St. Louis."
"What is the effect of... I'm sorry, what did you say?"
"It makes the change to make the grant available from the Department of Commerce and Community Affairs to the State Community College."
"Where does the word 'State Community College' come into Amendment #2?"
"May I have a copy of Amendment #2? May I have... Mr. Clerk, may I have a copy of the Amendment?"
"I just don't think it does what you said it did."
"I'm sorry. It's Amendment #3 that does that."
"Oh, well, okay. What does Amendment #2 do, since that's the one we are voting on."
"Thank you very much. Amendment #2... Thank you, Representative Cullerton... changes the agency that the grant would go to to the Department of Commerce and Community Affairs. And I move for the adoption of the Amendment." 202 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 120th Legislative Day
"Well, where does... where does it do that?"
"It does that because last year we established the Office of Urban Assistance in the Department of Commerce and Community Affairs and therefore, it is appropriate that this subject matter be changed from the Department of Children and Family Services to the Department of Commerce and Community Affairs."
"Okay, fine."
"Alright. I move for the adoption of Amendment..."
"Question is, 'Shall Amendment #2 be adopted?' All those in favor say 'aye', those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendment?"
"Floor Amendment #3, offered by Wyvetter Younge."
"The Lady from St. Clair, Ms. Younge."
"Thank you very much, Mr. Speaker. Amendment #3 does what I thought Amendment #2 did and that is makes the grant available from the Department of Commerce and Community Affairs to the State Community College in conjunction with the Center for Economic Self-Reliance. And I move for the adoption of the Amendment."
"The Lady from St. Clair moves for the adoption of Amendment #3 to House Bill 1227, and on that, the Gentleman from DuPage, Mr. McCracken."
"Point of order, Mr. Speaker."
"Yes."
"I believe Amendment #3 is out of order because it purports to amend Section 17(a)-11 of the... of Chapter 23. That was deleted in Amendment #2, when it deleted line 7 through 12 and inserted in lieu thereof an Amendment to a different title, being the Civil Administrative Code of Illinois. So, as amended, I believe #3 is out of order."
"Amendment is out of order. Further Amendments? 203 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Alright. The Bill will be out of the record. May 21, 1986 On the Order of Education, House Bills on Second Reading, appears House Bill... Mr. Kirkland, is Mr. Kirkland in the chamber? 2044, Mr. Kirkland. Out of the record. Order of Education appears House Bill 2279. Mr. Clerk, read the Bill."
"House Bill 2279, a Bill for an Act to amend Sections of the School Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, Steczo."
"Gentleman from Cook, Mr. Steczo."
"Thank you, Mr. Speaker, Members of the House. Amendment #1 to House Bill 2279 deletes everything after the enacting clause and replaces that with language relative to summer school instruction. It provides that if a student is taking a four credit course toward high school graduation in summer school that that student would be required to spend the same number of hours in that course that they would be required to spend during the course of the normal school year. I would move for the adoption of the Amendment."
"The Gentleman from Cook, Mr. Steczo, moves for the adoption of Amendment #1 to House Bill 2279, and on that, the Gentleman... the Lady from DuPage, Ms. Cowlishaw."
"Thank you, Mr. Speaker. Will the Sponsor yield to a question? Will the Sponsor yield?"
"Yeah, indicates he will."
"Thank you. May I ask if you are familiar with some of the summer school programs that because of the fact that generally the period of time that the students are not in school during the summer does not consist of as many days 204 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 to begin with as a semester of a school year consists of? Are you familiar with some of the summer school programs presently in effect in Illinois in which there is a greater preponderance of homework assignments that corresponds to a lesser number of hours actually spent in the classrooms?"
"Representative Cowlishaw, could you repeat that for me? I couldn't hear you."
"Do you know that there are programs in summer... high... summer school programs in high schools in Illinois which because of the time constraints are arranged in such a way that the student spends more time doing homework assignments to compensate for a fewer number of hours actually spent as classroom time? Do you know that there are such programs?"
"Representative Cowlishaw, I understand that there may be such programs at places located in the state, but I'm not so sure that that is consistent throughout the state. And the intent of this Amendment is to... really goes along with the criterion that the North Central Accrediting Agency provides that indicates that to receive accreditation that, in fact, must happen, that a student in summer school must take the hour equivalent of courses that they would be required to take during the course of the regular school year."
"IF that is already so, why do we need this Amendment?"
"Representative Cowlishaw, the reason for that is that while it's desirable for schools to receive that North Central accreditation, in fact, many do not, and there is really no other requirement that... no other way in which we can... we can deal with the schools that currently do not provide - and there are some that do not - without providing this kind of language." 205 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES
TRANSCRIPTION DEBATE Cowlishaw: "Thank you very much. questions." May 21, 1986
You have answered my Speaker Greiman: "Being no further discussion, the question is, *Shall Amendment #1 be adopted?" All those in favor signify by saying 'aye', those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendment?"
"No further Amendments."
"Third Reading. With leave of the House, we would just return to a Bill. Mr. O'Connell had stepped off the floor and... On the Order of Criminal and Civil Law, appears House Bill 3606. Mr. Clerk, read the Bill."
"House Bill 3606, a Bill for an Act to amend Sections of the Criminal Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any... Any Motions with respect to Amendment #1?"
"No Motions filed."
"Are there any Floor Amendments filed?"
"Floor Amendment #2, offered by Representative Davis."
"Gentleman from Will, Mr. Davis. Davis in the chamber? Gentleman from DuPage, Mr. McCracken. Mr..."
"Here's Mr. Davis."
"Yes, Mr. Davis, on Amendment #2."
"Well, I want to withdraw it. Withdraw it, please. Withdraw it, please."
"Amendment #2 is withdrawn. Further Amendments?"
"Floor Amendment #3, offered by Representative Cullerton."
"Gentleman from Cook, Mr. Cullerton, Amendment #3." 206 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
"Withdraw."
"Withdrawn."
"Same with 4."
"Amendment #4."
"Withdrawn."
"Amendment #4 is withdrawn. Further Amendments?"
"Floor Amendment #5, O'Connell."
"Gentleman from Cook, Mr. O'Connell."
"Thank you, Mr. Speaker. Amendment #5 expands the tampering to include drugs or cosmetics and it also makes clear at the suggestion of Representative Hawkinson that this is for drug or cosmetics... food, drugs or cosmetics that are offered for sale or consumption so that the situation where the pharmacist merely holds the drugs would not include it in the parameters of this criminal offense. I'd ask for its favorable adoption."
"Gentleman from Cook, Mr. O'Connell, moves for the adoption of Amendment #5 to House Bill 3606, and on that, there being no discussion, the question is, 'Shall Amendment #5 be adopted?' All in favor say 'aye', opposed 'no'. In the opinion of the Chair, the ayes have it. The Amendment is adopted. Further Amendments?"
"Floor Amendment #6, offered by Representative McCracken."
"Gentleman from DuPage, Mr. McCracken, on Amendment #6."
"Please withdraw that."
"Amendment #6 withdrawn. Further Amendments?"
"No further Amendments."
"Third Reading. Returning now to Education, Second Reading, appears House Bill 2734. Mr. Hartke in the chamber? Mr. Clerk, read the Bill." 207 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"House Bill 2734, a Bill for an Act to amend Sections of the School Code. Second Reading of the Bill. Amendments #1 and 2 were adopted in Committee."
"Any Motions with respect to Amendments 1 and 2?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #3, offered by Representative Didrickson and Steczo."
"Lady from Cook, Ms. Didrickson, on Amendment #3."
"Yes, thank you, Mr. Speaker, Members of the House. Amendment #3 clarifies. I believe, some agreed language from the House Elementary and Secondary Education with the Sponsor with regards to drivers education for senior citizens. What Amendment #3 does is two things; number one, it only qualifies senior citizens over 55 to be applicable to a drivers education course in high school if they are a first time driver; and number two, if there is space available. I ask for its adoption."
"The Lady from Cook moves for the adoption of Amendment #3 to House Bill 2734, 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', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"Floor Amendment #4, offered by Representative Hartke."
"The Gentleman from Effingham, Mr. Hartke, on Amendment #4."
"Withdraw Amendment #4."
"Amendment #4 is withdrawn. Further 208 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Amendments?"
May 21, 1986 "Floor Amendment #5, offered by Representative
Hartke. Speaker Greiman: "Gentleman from Effingham. Mr. Hartke, on Amendment #5."
"Thank you very much, Mr. Speaker. What Amendment #5 does is take the state reimbursement procedure out of the... out of the Bill. I ask for your affirmative vote."
"The Gentleman from Effingham moves for the adoption of Amendment #5 to House Bill 2734, and on that, the Lady from DuPage, Ms. Cowlishaw."
"Will the Sponsor yield?"
"Indicates he'll yield for questions."
"If this Amendment is adopted, along with the other provisions that already exist in House Bill 2734, there are just two things I think that we need to all understand clearly. The first is, are school districts required to offer driver education to people over age 55 or are they only permitted to do so?"
"Representative Cowlishaw, this only permits school districts to offer this course. It is not required. It's not mandated by the state."
"Alright. The next question is, should a school district choose to do this, since it is at the discretion of the local school district, should a school district choose to do this, under the provisions of this Bill, is that school district entitled to charge that senior citizen the full cost of what the cost to the district is of offering that person this course?"
"That is correct."
"Thank you."
"This will not cost the school districts one dime."
"Further discussion? There being none, the 209 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day June 25, 1986
"If you know that, how much we are talking about?"
"Well, I believe it's 98,000 dollars. I just wanted to find out if you had received a copy of that."
"I didn't."
"Okay. No further questions."
"The question is, Shall the House concur in Senate Amendments #1 and 2 to House Bill 2757?" All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. This is final action. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 113 voting 'aye, 1 voting 'no' and none voting "present" and the House does concur in Senate Amendments #l and 2 to House Bill 2757 and this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2828, Representative Ewing. Representative Ewing. Clerk, read the Bill."
"House Bill 2828, amends the School Code together with Senate Amendment #1.
"Representative Ewing."
"Yes, Madam Speaker, Ladies and Gentlemen of the House. I'm moving to concur in the Amendment placed on this Bill in the Senate. The Amendment merely corrects the wording of the sunset clause in this school consolidation provision. This is not a mandated school consolidation Bill, but only provides another means for school consolidation and it would expire in 1989."
"The Gentleman moves to concur in Senate Amendment #1 to House Bill 2828 and on that question, is there any discussion? Hearing none, the question is, 'Shall the House concuг in Senate Amendment #1 to House Bill 2828?* All those in favor vote 'aye", all those opposed vote "no". Voting is open. Have all voted who wish? This is final action. Have all voted who wish? 139 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day June 25, 1986 Representative Mautino votes 'aye'. Mr. Clerk take the record. On this question there are 111 voting 'aye', 1 voting 'no' and 2 voting 'present' and this Bill, having received the Constitutional Majority, is hereby declared passed and the House does concur in Senate Amendment #1. House Bill 3043, Representative Madigan - Cullerton. Clerk, read the Bill."
"House Bill 3043, amends the State Mandates Act together with Senate Amendments #1, 2 and 3."
"Representative Cullerton."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. My motion is to concur with Senate Amendments #1 and 2 and to non concur with Senate Amendment #3."
"The Gentleman moves to concur in Senate Amendments #1 and 2 to House Bill 3043 and nonconcur in Senate Amendment #3 and on that question, the Gentleman from Cook, Representative Bowman."
"Just an inquiry, what is that asterisk doing on the board? Does that mean that this is an especially good Bill? Just an inquiry."
"It's a one star Bill according to the Clerk. Any further discussion? Hearing none, the question is, 'Shall the House concur in Senate Amendment #1 and 2 to House Bill 3043 and nonconcur in Senate Amendment #3?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. I understand you have to do this separately, Ladies and Gentlemen, so what we're voting on now is just a Motion to concur in 1 and 2 and then we'll do a voice vote on #3. Have all voted who wish? The Clerk will take the record. On this question there are 109 voting 'aye', 3 voting 'no' and 2 voting 'present' and the House does concur in Senate Amendments #1 and 2. Representative Cullerton now moves to nonconcur in Senate 140 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 question is, "Shall this Amendment be adopted?" All in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendment?"
"No further Amendments."
"Third Reading. On the Order of Education, House Bills Second Reading, appears House Bill 2828. Mr. Clerk, read the Bill."
"House Bill 2828, a Bill for an Act to amend the School Code. Third Reading of the Bill."
"Gentleman from Livingston, Mr. Ewing."
"Mr. Speaker, Ladies and Gentlemen of the House, I'm asking..."
"No, let's... it'd be best if we returned the Bill to the Order of Second Reading."
"Yes."
"Gentleman from Livingston moves for the Bill... asks leave of the House to return this Bill to the Order of Second Reading. Gentleman have leave? Leave is granted. Mr. Clerk."
"Floor Amendment #4, offered by Representative Ewing."
"Gentleman from Livingston, Mr. Ewing, on Amendment #4."
"Amendment #4 is... was worked out between my office and the IEA, and it deals with what happens to faculty members when a unit district, under the provisions of this Bill, has a right to dissolve and the high school is consolidated with an adjacent high school district. I would ask for the adoption of this Amendment which I think makes the Bill more palatable to the IEA."
"Gentleman from Livingston moves for the adoption of Amendment #4 to House Bill 2828, and on that, 210 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 is there any discussion? There being none, the question is, Shall this Amendment be adopted?. All in favor say 'aye", opposed "no". In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. On the Order of Education, House Bills Second Reading, appears House Bill 3018. Hr. Clerk, read the Bill."
"House Bill 3018, a Bill for an Act to amend Sections of the School Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative Homer."
"Gentleman from Fulton, Mr. Homer, on Amendment #1."
"Speaker, I notice that my Cosponsor, Representative Parke, has absented himself. Could I ask this... Could I ask that the Bill be temporarily taken from the record until I can locate my Cosponsor?"
"Alright... Alright, the Bill will be... having been read a second time will be held on the Order of Second Reading."
"Can we come back to the Bill?"
"Come back to it. Mr. McGann, for what purpose are you seeking recognition?"
"Yes, Mr. Chairman and Members of the Assembly, I'd ask leave of the House to take House Bill 3175 back from the Short Debate, Third Reading, for the purpose of an Amendment."
"Gentleman from Cook, Mr. McGann, asks leave of the House to return this Bill to the Order of Second 211 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Reading for the purposes of an Amendment. has leave. Mr. Clerk, are there Amendments?" May 21, 1986
The Gentleman Clerk O'Brien: "Amendment #2, offered by Representative Ewing."
"Yes, Gentleman from Livingston, Mr. Ewing, on Amendment #2."
"Mr. Speaker, Ladies and Gentlemen of the House, Amendment #2 amends the Junior College Act which we passed a year ago, which requires all unincorporated areas in the State of Illinois, unincorporated meaning not involved or included in a junior college district, to be included in a junior college district. In that Act, we provided that any referendum to create a new district or to annex would require that the vote carry in the incorporated areas and in the unincorporated areas. This Amendment changes that to require that a vote approving a new junior college district or an annexation only has to pass totally in the entire district. And I would ask move for the adoption of this Amendment."
"Gentleman from Livingston moves for the adoption of Amendment #2 to House Bill 3175. Is there any discussion? The Gentleman from Cook, Mr. McGann."
"Mr. Speaker, could I ask Representative Ewing just to take this out of the record for just a couple of moments? Would you... just for a couple of moments?"
"Alright, Mr. Ewing, alright."
"Be just a couple of moments, Mr. Speaker."
"Well, we won't take it out of the record... are you looking at something or..."
"Yes, just one... that is correct, Mr. Speaker. We are looking at something for just one moment."
"Well, Mr. Ewing will give you the courtesy of a few moments, I'm sure. Yes, Mr. McGann, are you now prepared to proceed with this?" 212 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
"Mr. Speaker, I'd ask leave to...
Ewing to continue on his Amendment. Speaker Greiman: "Mr... May 21, 1986 for Representative Thank you." Mr. Ewing, you had moved, had you not, Mr..."
"I had moved, yes. thank you."
"Alright, is there any... yes, Mr. Mulcahey, the
Gentleman from Winnebago. Mulcahey: "Sponsor yield for a question?"
"Indicates he will."
"Representative... Representative Ewing, you said the Amendment now will... the way it is right now, the people from the unincorporated areas, likewise, must pass a referendum, as well as the people from the incorporated areas, must pass this referendum before they are admitted into a junior college district, correct?"
"That's correct."
"The way it is now, this Amendment will just simply put the incorporated and the unincorporated in one great big pile and then everybody... the bad... the majority of those voting in favor of it or opposing it, that's the way it will turn out, correct?"
"That's correct."
"Why do you want to do this? Isn't this rather... Wouldn't this be an advantage to the... to the incorporated areas?"
"It really... I don't see it as an advantage to them any more because the law provides that you have got to go into a district. It doesn't matter whether you create a new one or go into an adjacent district. So, the protection of having it passed in both the rural area and the incorporated area was to keep them from forming a new district and bringing the farm land or the rural areas in against their will. They no longer have that choice. They 213 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 have to go, one way or the other. Either they join one or they are assigned."
"Okay, thank you."
"Further 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. The Amendment is adopted. Further Amendment?"
"No further Amendments."
"Third Reading. Yes, alright, we will return to the previous Bill that we took out of the record. On the Order of Education appears House Bill 3018. Mr. Clerk."
"House Bill 3018. This Bill has been read a second time previously."
"Are there any Amendments?"
"Floor Amendment #1, offered by Representative Homer and Parke."
"Gentleman from Fulton, Mr. Homer, on Amendment #1."
"Thank you, Mr. Speaker and Ladies and Gentlemen. Amendment #1 deals with the school report cards. As the Body will recall, in Senate Bill 730 last year, there was the creation of the idea that we would henceforth give school report cards and that those report cards would be based upon the school attendance centers. In other words, based upon schools, not on school districts. In a meeting that I recently had with my PTA group in Pekin, where the PTA and administrators, teachers were in attendance, I became convinced during those discussions, talking to all of those groups that the idea of a school report card within a district that has a number of schools or a number of school attendance centers would not be in the best interest of the community or of the educational process 214 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 within the community. And the reason for that, as expressed to me, is quite simple, is that even in spite of the best efforts of the school district and the Board of Education and the administrators to allocate resources appropriately throughout the schools of the district, that because of certain environmental advantages of one section of town versus another, some differences in the parental influences, perhaps, of residents who live in one section of town versus another and because of other socioeconomic conditions, which cause inherent differences of the academic capabilities of the students within the various schools within a school district, that to require a report card to be compared of school versus school would serve only to cause a divisiveness within the community that was incurable by any actions that could be taken by the administration or by the school board that had to do with the demographics of the community, that had nothing to do with the administration of the schools within that school district, that would bring about a stigma for students attending the schools that were disadvantaged. And for those reasons, I am proposing in this Amendment to eliminate the idea of a school attendance report card and rather to substitute therefore a district report card because, after all, it is the district to whom we fund school aid dollars. It is the district that is accountable to us, not the attendance centers and for those reasons, I would ask your support for Amendment #1."
"The Gentleman from Fulton moves for the adoption of Amendment &l to House Dill 3018, and on that, the Gentleman from Winnebago, Mr. Mulcahey."
"Mr. Speaker, I rise in opposition to this Amendment and I hope that everybody... and I would like a roll... electronic Roll Call on this and I hope everybody likewise 215 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 defeats it. First of all, this was before our Committee, I believe, in the form of a... of a Bill. What it does... this was part of the education reform package a couple years ago, where we are simply trying to make each one of the individual school buildings, the individual schools throughout the state or in a district, accountable for their actions. That's the idea of the report card. Now, if we take each one of those schools, for example, a school like the City of... a school district like the City of Rockford, where we have maybe 25 or 30 schools. their accountabilities are going to be based strictly on a one district report, as opposed to accountability from each one of those school buildings. I think we are really going to get valid interpretations as to how one school compares with the other, that report cards should be based upon the individual school building, not lumped together in a school district report. And therefore, I think it's very important, if we want to continue in good faith what we set forth with last year in making a determination as to what school is accountable for what kids are learning or not learning in relationship to another, then we should go on a school by school basis, not on a district basis. And I urge you to strongly... strongly defeat this Amendment."
"Gentleman from DuPage, Mr. Hoffman."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I rise in opposition to this Amendment, and hold in my hand... hold in my hand the school district report cards building by building from the City of Houston, Texas. I could do the same thing with the City of Chicago. They have done it building by building. I have a number of reports in my hand right here from different school districts in the State of New York, which do it building by building. This is part of a total reform 216 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 package, accountability package, that we put in place, and this information is important for people in those school districts to make accurate judgments on what is happening in their school district. I don't think we want to be in a position of hiding what is actually going on by averaging out what is taking place in large school districts. That is a way of hiding information rather than bringing information up SO that people can make intelligent decisions. And I join with the previous speaker and the vast majority of the Members on the House Education Committee in opposing this Amendment."
"Further discussion? The Gentleman from Cook, Mr. O'Connell."
"Thank you, Hr. Speaker. I join in support of this Amendment #1. I, as did many of you, I'm sure, have meetings with our educational representatives from the district while the... or following the school reform package that was adopted last year and certainly during the fall and late... early winter, when the issue of consolidation of schools came up, there was another opportunity in which to get feedback from our school officials in the district. And one of the most prominent issues to be raised to my attention was the stigma that is imposed on an individual school building within a school district that may not represent the same socioeconomic standards as another school. And all it did was to further exasperate (sic - exacerbatel the stigma that may or may not exist within particular school districts. And the ridiculous aspect of a report card which reflects one building, when it is the school district itself that is being centered by the State Board of Education and being funded by the state, the school district should be held accountable, not the particular school building. So that 217 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 by having a school report card that reflected the school district, the school... State Board of Education, rather, can have a much better assessment as to how that school district is doing than simply by getting a report card on one building. Let the school district hold that school building accountable. We don't need to further exasperate (sic - exacerbate) a stigma that may already exist. Thank you."
"Lady from Champaign, Ms. Satterthwaite."
"Mr. Speaker and Members of the House, I, too, rise in opposition to this Amendment. What you would do, if this Amendment is adopted, is to allow a school district that might have two buildings to put together the results of their assessment. You might have one extremely poor school and one extremely good school and by averaging them out, it would look as though the district was providing a mediocre kind of education. That might pass the muster if you were really comparing it to other school districts in the state, but no one in your local district is really going to be fooled by that. They are going to know that one is good and one is bad and the only thing you are trying to do is to hide it to the people in your community who do not have people actively in the school system. What we learned in going through the state, before we formed the reform package was that we have a higher and higher percentage of our population who are not directly related to the schools any longer. I don't think we should be trying to pull the wool over their eyes. They are saying that they want accountability and they want it building by building. They don't want a school district to be able to look as though it is doing a mediocre job when, in fact, they are doing a very poor job for one building or more in their district. And so, I think it would be a very big 218 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 step backwards to adopt this Amendment."
"The Lady from DuPage, Ms. Cowlishaw."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, when we buy a can opener, we expect it to open a can."
"Alright. Further discussion?"
"I'm not finished, Mr. Speaker."
"I'm sorry."
"In like order, when we pay taxes to our local school district, we expect that the children will be educated. Now, the evidence about the can opener is immediate, but the evidence about schools is much more difficult to attain and to assess. This first report card has never even been issued yet. That's not going to happen until this fall. I think we ought to let it have its chance to do what is was... put into the reform package to do and that is to give that information in as comprehensive a way as we can to the people who pay for our schools and who care about the quality of education. They need that evidence, which is not as easy to get as it is for a can opener. and I think if we trust them to pay the money to keep our schools in operation, we certainly ought to trust them to be able to make reasonable judgments about the facts that we can supply to them about education building by building. This idea had its chance in Committee and it failed miserably and here it is back again. There is good deal about this process that reminds me of Tennyson's "Brook". "Men may come and men may go, but this idea goes on forever." Thank you."
"Gentleman from Madison, Mr. Wolf."
"Mr. Speaker, I move the previous question."
"Gentleman from Madison moves the previous question be put. Those in favor say 'aye", opposed "no". 219 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 In the opinion of the Chair, the ayes have it and the previous question will be put. Mr... Excuse me, Mr. Homer. Is Mr. Parke going to close?"
"Thank you. Yes, Mr. Speaker, I would yield to Representative Parke to close."
"Gentleman from Cook, Mr. Parke, to close."
"Thank you, Mr. Speaker. All I can say is thank God we have a process that allows us to take some... question some idea beyond the Committee process and gives us the opportunity to take it on the House floor where all the Representatives elected by all the people have an opportunity to discuss things that are bottled up in Committee. I may point out that everybody likes to have accountability. We all desire accountability. I may point out that the school report card concept was an idea that came at the end of the Session, at the end of the compromise. I do not necessarily agree that we have to have school by school report cards. I think the accountability ultimate lies in the district and the district is where the report carding should be processed. My concern is that this kind of school district by school district will continue to polarize on... based on social and racial economic basis. I may point out also that already people... some people that are... that are buying homes are already checking and seeing in what schools that they can move in based on what... the concept of what schools are doing better than other schools. I think that's not what we want. What we want is the ultimate accountability be in... within the school district. Why do we elect people that serve on the school board? I believe the school board makes the decisions on how that curriculum and how the programs are presented our children. I believe that a citizens advisory group, the teachers' groups ought 220 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 to get together and determine, based on the input of citizens, what should be shared by all the children. The children do get report cards. They do get discussions with the teachers in the schools and they have an opportunity to talk to the principals of the schools to find out what's going on, if they are truly interested. Most comparisons today are done by district by district. How is our district compared to another district in another area of the city or another area of the district of the state on how well we are comparing. That's where the ultimate comparison is going to be. The ultimate accountability will end up and always will be with the school district. I believe that's where it should stay and I'm asking everybody to vote for Amendment #1 so that the districts can show accountability. Thank you."
"Question is, 'Shall Amendment #1 be adopted?" All those in favor signify by voting 'aye", those opposed vote "no". Voting is now open. Lady from Cook, Ms. Didrickson, one minute to explain your vote."
"I would vote 'no'."
"Ms. Didrickson, one minute to explain your vote."
"Thank you, Mr. Speaker. You know, we can unravel what we did and we probably had one of the three best states education reform packages in the country. This hasn't even been tried. There isn't a kid in school who would choose to have a report card versus not have a report card and there isn't a Legislator down here who would choose to have legislative ratings and not have one. Let's give it a chance. You are not going to have accountability when you do it district by district. It's got to be school by school and it's not just the lower socioeconomic schools. I think we need to know what they are doing with 221 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 our kids in the higher socioeconomic backgrounds too. When they take them in and when they take them through that system and how they perform."
"Gentleman from Cook, Mr. McNamara, one minute to explain your vote. Mr. Clerk, take the record. On this question, there are 16 voting 'aye', 92 voting 'no', none voting 'present'. The Amendment fails. Further Amendment?"
"Floor Amendment #2, offered by Representative Rea."
"Gentleman from Franklin, Mr. Rea."
"Mr. Speaker, I'd like to withdraw Amendment #2."
"Amendment #2 is withdrawn. Further Amendments?"
"Floor Amendment #3, offered by Representative Rea."
"Gentleman from Franklin, Mr. Rea, on Amendment #3."
"Thank you, Mr. Speaker, Members of the House. This is a clarifying Amendment in terms of reorganization. It adds language requiring the approval of a majority of voters in each of the affected school districts voting on the proposition to create a unit school district. And this was not... in fact, in Senate Bill 730, it required approval of a majority of voters in each of the effected school districts, but that particular provision only applied to those school districts which reorganized under the provisions of Senate Bill 730."
"The Gentleman from Franklin, Mr. Rea, moves for the adoption of Amendment #3 to House Bill 3018. Is there any discussion? There being none, the question is, 'Shall this Amendment be adopted?' All in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have 222 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day it and the Amendment is adopted.
May 21, 1986 Further Amendment?" "Floor Amendment #4, offered by Representative Ryder."
"Gentleman from Morgan, Mr. Ryder, on Amendment #4. Amendment is withdrawn. Further Amendments?"
"Floor Amendment #5, offered by Representative Homer and Parke."
"Gentleman from Fulton, Mr. Homer. Withdrawn. Further Amendments?"
"Floor Amendment #6, offered by Representative Homer and Parke."
"Gentleman from Fulton, Mr. Homer. Out of the... Withdrawn. Yes, Mr. Daniels, for what purpose do you seek recognition?"
"Just to introduce a man who is on the world-wide golf tour, Tony Round, from DuPage County, Elmhurst, Illinois. Please say hello to Tony, golfer extraordinary."
"Further Amendment?"
"No further Amendments."
"Third Reading. On the Order of Education appears House Bill 2044. Mr. Clerk, read the Bill."
"House Bill 2044, a Bill for an Act to amend Sections of the School Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative Kirkland."
"Gentleman from Kane, Mr. Kirkland."
"Thank you, Mr. Speaker. Amendment #1 guts the Bill. The Bill dealt with summer school. Amendment #1 adds the provisions of no pass, no play, which Senator Marovitz has been working on in the Senate and adds the provisions that that Bill... the shape that that Bill is in. Like to put 223 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 it on this Bill and debate it on Third Reading for now."
"The Gentleman from Kane, Mr. Kirkland, has moved for the adoption of Amendment #1 to House Bill 2044, and on that, the Gentleman from Rock Island, Mr. Brunsvold."
"Would the Gentleman yield for a question?"
"Indicates he will."
"Representative Kirkland, would you go back over that again, please, briefly?"
"Yes, Senator Marovitz, in the Senate, has been working on the concept of no play in a Bill. We would like to... and that has reached a final version at that stage in the Senate. We would like to put that on this Bill and run it on Third Reading. As I represented in Committee, I put this Bill out for the specific possibility of putting Amendment on the Bill." this
"You say you did try to put this Amendment on the Bill in Committee?"
"No, in Committee, I represented to the Committee that I was putting it out as a vehicle for this purpose and this purpose only, that I was not going to run it in its original form."
"Thank you. To the Amendment, Mr. Speaker. I would object to the Amendment #1 by Representative Kirkland. The Senate Bill is coming over and will go through the Education Committee. We have not discussed the provisions of this very important Bill that deals with the IHSA, Illinois High School Association, and I would ask the Members of the House to defeat this Amendment so we can work on it in Committee, consider it thoroughly and then vote on the Senate Bill when it comes over. Thank you, Mr. Speaker."
"Further discussion? The Lady from DuPage. Ms. 224 120th Legislative Day Cowlishaw." STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986
"Mr. Speaker, Members of the House, I am in accord with the prior speaker. This is an extremely important measure. There are a good many controversial aspects to it and if any of you are familiar with the IHSA, which by the way consists of the principals of all high schools in Illinois, SO in every one of your districts, there is a high school principal who helps to make the rules of the IHSA. Many of those people have some very serious doubts about this measure. I really believe that since we know it is coming over from the Senate and we can take an opportunity to be deliberative about this, I would suggest that we not adopt this Amendment and that we take our time to look at the issue carefully by means of the Senate Bill. Thank you."
"Gentleman from Winnebago, Mr. Hulcahey."
"Thank you, Mr. Speaker. Would the Sponsor yield for a question?"
"Indicates that he will."
"Representative Kirkland, what do you mean by no pass, no play? It sounds like something maybe Jim McMahon would like to do all the time, you know, if there's no pass, no play."
"Well, I can read the provisions, you know, summarize the provisions of the Bill, which mandates school boards to enforce a policy of eligibility for high school students to participate in interscholastic competitive athletic events and competitive... other interscholastic events. Requires high school students to pass all courses required for graduation to be eligible to participate in those events and if a student is failing one or more of those courses, and this is from Section 27-22, those courses, the core courses from that Section, he would be... he or she would 225 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 be ineligible for a two week period immediately following the end of that grading period. The student could still participate in practice sessions and physical education would be prohibited from counting as a course among those which could contribute toward the two week suspension."
"Mr. Speaker, Members of the House, I think the IHSA has already established rules and regulations regarding eligibility and students. We also know that the State Board of Education has established curriculum mandates to what kids have to pass before they graduate from high school, and thirdly, I think it's important we defeat this Amendment because I think it should be... knowing this, I think it should be the discretion of the local school boards to make the determination exactly who is eligible and who is not eligible based upon the criteria set by the State Board of Education. And I would urge a "no" vote."
"Gentleman from McLean, Mr. Ropp."
"Yes. State Board of Education has taken a position in favor of this Bill as it... in the shape it's in now."
"Yeah."
"Yes, Mr. Speaker, would the Sponsor yield?"
"Yes, indicates he will."
"Representative, in your explanation, does this include all other kind of school activities, including clubs and speaking contests, et cetera, as you explained it or not?"
"As I understand it, yes, in those situations where those kinds of clubs or activities would be involved in competitive situations. The two week suspension would involve a suspension from being involved in a competitive activity as opposed to a practice activity."
"Is there any attempt in this proposal to establish a standard of quality education for all students other than those who are just participating in specific kind of 226 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day extracurricular activities?" Kirkland:
May 21, 1986 "I guess not... you know, not other than referring back to Section 27-22, which establishes, you know, the core requirements for graduating from high school." "Well, I always think there's merit in establishing a standard of competency, but it seems that in this particular area, we are really taking a shot at those few people in a school that are putting themselves somewhat above and beyond the classroom in an attempt to maybe give special recognition to the school as well as to display their physical or mental or dramatic ог musical talent. And I would hope that you would consider the possibility of establish some minimal level of learning for all students, rather than just segregate a few. And I hope you give that some consideration."
"The Gentleman from Kendall, Coach Hastert."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would like to rise in opposition to this Amendment. One of the things we have to look at is what we have now. In the... Through the Illinois High School Association, which is really governed by the principals throughout the State of Illinois, those people who actually run schools, that deal with kids, that have to look at eligibilities and have to be accountable, they have a passing rule that you have to pass four courses every year and every semester that you participate in sports. If you do not pass four courses in any one semester, you are ineligible for a semester. If you do not pass in any one week, you are ineligible until those grades come up to a passing level, which in my experience, has always been four to five weeks before those grades go through a cycle. What this Bill does, in my best understanding, is it only addresses those Bills... those classes or courses that are 227 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 looked at as core courses, the math, science, English. What actually happens in many of our high schools is students who are in their junior and senior year take very few of those courses. So, they could flunk one or two of those courses or... and still be eligible to play. I think this is a bad idea. It's a mandate on schools which really puts into legislation laws that should be made at home, that... laws and rules that should be made by people who actually administer those laws and rules and what actually we are doing is setting a precedent and then the next thing you will see is that people will be suing if this law becomes and Act... if this Bill becomes an Act, is that people will be suing not to loosen up the local standards so it meets the easier state standards. I think it's a bad precedent. I think it's a bad idea and I think it deserves a 'no' vote."
"The Gentleman from Kane, Mr. Kirkland, to close."
"Okay. Well, first of all, in response, the per week requirement, as I understand it, by IHSA, is that a student be doing passing work for at least 20 credit hours. So that, in effect, he could be flunking one or more courses if his average comes out to a passing... passing work. This Bill strengthens that, in effect, by saying that if you are flunking any one of your core courses you are out of competitive athletics for two weeks, and, you know, I think it makes sense in the sense that a youngster is encouraged to continue practicing. He's not so discouraged that he may drop out of school, but he is taken out of the competition, which may mean a great deal to him and something that he wants to get back into. A... Furthermore, I think that if you argue that the core courses are mostly in the 9th and 10th grade, in the early 228 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 grades of high school, it's an important thing to get at those kids who don't take their academics seriously at those early levels. Frankly, when you get to grades 11 and 12, if you haven't succeeded before then, you are in a lot of trouble and I think this Bill makes sense from that regard and I move for the passage of the Amendment... adoption of the Amendment."
"Question is, 'Shall this Amendment be adopted?" All those in favor signify by voting "aye", those opposed vote "no". Voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 14 voting 'aye', 86 voting 'no', 2 voting 'present', and the Amendment... Ms. Parcells is "no". Mr. Countryman is "no". So, there are 14 voting 'aye', 88 voting... Mr. Peterson, 'no'. Mr. Peterson... Oh, Bernard Pedersen. Alright. So there are 14 'aye', 89 'no', 2 'present', and the Amendment fails. Further Amendments?"
"No further Amendments."
"Third Reading. We now go to the Order of School Programs, Second Reading... Bills on Second Reading. And on that Order of Business appears House Bill 3200. Mr. Clerk, read the Bill."
"On page 14 of the Calendar, House Bill 3200, a Bill for an Act to amend the School Code. Second Reading of the Bill. There are no Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is offered by Representative Ropp and Slater."
"The Gentleman from McLean, Mr. Ropp."
"Thank you, Mr. Speaker. This Amendment... We had a provision in 3200 where there would be a 13 member advisory committee that would serve for a year and then go out of 229 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 existence. It has been determined by many that this should be a committee that is appointed by the Governor and that it would stay in existence. It makes recommendations to not only the Governor, but to the Legislature, as well as the State Superintendent on educational concerns for agriculture education. And they are three year terms and I recommend your support of this Amendment."
"The Gentleman from McLean moves For the adoption of Amendment #1 to House Bill 3200. Is there any discussion? Gentleman from Cook, Hr. Cullerton.
"Yes, do I understand... Will the Sponsor yield?"
"Yes, he indicates he will."
"Representative Ropp. would you tell me, when you originally passed the Bill or drafted the Bill, you had the Committee terminate on June 30th, 1988, and now before you even call the Bill for a vote, you want to make sure that the Committee goes on forever. Why don't you just wait and see how everything goes and in 1988, sometime before June 30th, if you want to extend it, come in with a Bill, if you're... if you've been reelected and then extend the Committee then? And then you can pass another Bill."
"Because the recommendation for 3200 is from a group of people who are very much concerned about agriculture education and in reviewing the Bill as it was originally drafted, the intent then was not to go out of business because of the concern for the importance of ag education and that it should continue. If at a point in time that the group that is making recommendations to the State Superintendent feels that their mission has been accomplished, why I will take direction from them as to whether or not that particular group should be terminated and introduce legislation at that point."
"Well, Representative Ropp, is there any funding for 230 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day this Committee?" May 21, 1986
"Yes, Sir. We have put that on House Bill 3091, that was passed three or four hours ago."
"How much? How much was it?"
"Well, it was $5,000,000. It's an initial start. I'm not sure that we are going to have that much."
"Well, if we still had commissions, which we don't, if we still had commissions, this would be a commission, and I..."
"No. This was not be a commission because these people..."
"We don't have commissions. That's a bad word. We don't have commissions."
"That's right. They don't..."
"But if we still had commissions, this would be a commission and it would have $5,000,000 and I would say..."
"No, no, no, no, no, no, no, no, no, no, no, no."
"... that it... maybe it's not a bad idea, but I... the way the Bill originally drafted, it terminated on June 30th, 1988, and I see no reason why you should change that."
"Because we don't want it to terminate. It's felt now that the recommendations on agriculture education will not be implemented at that particular time and that it should be ongoing. It's kind of a big... a portion of a big picture which is dealing with agriculture education and there may be a point in time where this group would give a suggestion to the Governor and to the Legislature on an annual basis as to the progress of this particular program, and that's why that we want to continue it. The $5,000,000 at this point is to be used as a grant to those schools who make recommendations for a proposal."
"Okay, fine, so... so I'll support your Amendment and just... we can debate the merits of the Bill tomorrow on 231 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Third Reading."
"Very good."
"Further May 21, 1986 discussion? There being none, the question is, 'Shall this Amendment be adopted?" All in favor say 'aye", opposed "no". In the opinion of the Chair, the ayes' have it. The Amendment is adopted. Further Amendments?"
"There are no further Amendments."
"Third Reading. On the Order of School Programs appears House Bill 3422. Mr. Curran. Mr. Curran in the... alright, Mr. Clerk, read the Bill."
"On page 16 of the Calendar, House Bill 3422, a Bill for an Act to amend the School Code. Second Reading of the Bill. There are no Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Curran."
"Gentleman from Sangamon, Mr. Curran, on Amendment #1."
"Thank you. Mr. Speaker. Ladies and Gentlemen of the House. Amendment #1 guts the Bill and the Bill will now be dealing with life safety and energy bonds and providing an additional use for life safety and energy bonds as long as less money is spent. That's the bottom line. This Amendment will give local school boards an additional option to use when it comes to these bonds. These are bonds that the school board can use now without a referendum. The genesis of the ability on the part of the school boards to use these bonds was the tragedy at Our Lady of Angels School in Chicago about 25 years ago. These bonds were originally for fire safety, but their use since then has been expanded to include life safety and energy. With this Amendment, the local school board, as long as it 232 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 has the approval of the State Board of Education and the Regional Superintendent of Schools, can use the money that would have been spent to improve one building and use it instead to make additions on another building or buildings, plural, to purchase or rent temporary classrooms and to make renovations. This Amendment is aimed at giving school board additional options while dealing with the problem of overcrowding. The Amendment is permissive, not mandatory. The only mandate is a requirement that by exercising this option of life safety and energy bonds in a slightly different way, the school board has to do so for less money than it would have with the original building."
"Gentleman from Sangamon moves for the adoption of Amendment #1 to House Bill 3422, and on that, is there any discussion? There being none, the question is, 'Shall this Amendment be adopted?' All in favor signify by saying 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes have it. The Amendment is adopted. Further Amendment?"
"There are no further Amendments."
"Third Reading. On the Order of House... of School Problems, appears House Bill 3619. Mr. Clerk, read the Bill."
"On page 17 of your Calendar, House Bill 3619, a Bill for an Act to amend the General Obligation Bond Act. Second Reading of the Bill. There are no Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is offered by Representative Shaw."
"Gentleman from Cook, Mr. Shaw, on Amendment #1. Mr. Shaw. Amendment #1 withdrawn. Further Amendments?"
"Floor Amendment #2, offered by Representative 233 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Ryder."
"Gentleman from Morgan, Mr. Ryder, on Amendment #2. Withdrawn. Further Amendments?"
"Floor... No further Amendments."
"Third Reading. On the Order of Transportation, Special Call, appears House Bill 3574. Mr. Clerk, read the Bill."
"House Bill 3574, on page 18 of your Calendar, House Bill 3574, a Bill for an Act to amend Intergovernmental Cooperation Act. Third Reading of the Bill."
"The Lady from Lake, Ms. Stern, asks leave of the House to return this Bill to the Order of Second Reading for the purposes of an Amendment. Does the Lady have leave? Leave is granted. Mr. Clerk, are there any Amendments?"
"Floor Amendment #1, offered by Representative Stern."
"Lady from Lake, Ms. Stern."
"Mr. Speaker, Members of the House. this is a... this Amendment deletes the concerns of some other Members of the House as regards bonding power and the intergovernmental transportation district that this would create, and also deletes any references to transit, which it had no intention of dealing with at all. Transit, yes, transit."
"The Lady from Lake moves for the adoption of Amendment #1 to House Bill 3574, and on that, is there any discussion? There being.none, the question is, 'Shall the Amendment be adopted?' All in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes have it. The Amendment is adopted. Further Amendments?"
"Floor Amendment #2, offered by Representative Stern." 234 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"Lady from Lake, Ms. Stern."
"Apologies, colleagues, I think what I just gave you was Amendment #2. Amendment #1 deleted references to transit. Amendment #2 removes the bonding power and repeats the removal of the phrases on transit. I move for the adoption of Amendment #2."
"Lady from Lake moves for the adoption of Amendment #2 to House Bill 3574. On that, is there any discussion? There being none, the question is, "Shall the Amendment be adopted?" All in favor say 'aye", opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"There are no further Amendments."
"Third Reading. On the Order of Local Administration, Second Reading, appears House Bill 3162, on page 14 of the Calendar. Mr. Clerk, read the Bill. Mr. Giorgi in the chamber? Mr. Giorgi. 3162, Mr. Clerk, page 14 of the Calendar."
"House Bill 3162, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative Giorgi."
"Gentleman from Winnebago. Mr. Giorgi, on Amendment #1."
"Mr. Speaker, Amendment #1 allows cities that are not home rule cities in Illinois to levy... or to increase their sales tax after direct front door referendum. That's all the Bill does."
"Gentleman from Hinnebago moves for the adoption of Amendment #1. On... Is... On that, is there any discussion? There being none, the question is, "Shall this 235 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Amendment be adopted?" All in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"Floor Amendment #2, offered by Representative Vinson."
"Gentleman from Dewitt, Mr. Vinson, on Amendment #2."
"Withdraw the Amendment, Mr. Speaker."
"Amendment #2 is withdrawn. Further Amendments?"
"Floor Amendment #3 is withdrawn. The next Amendment is Amendment #4, offered by Representative McPike and Davis."
"The Gentleman from Madison, Mr. McPike, on Amendment #4. Mr. Giorgi, are you going to take that Amendment?"
"Yes, Sir."
"Alright, Mr. Giorgi, proceed."
"This Amendment... all this Amendment does is... if there are bonds that have to be issued, there are some water... sewer improvement that has to be made because of the Environmental Protection Agency without a referendum, but the three-fifths vote of the majority of the corporate authorities, this allow those bonds to be issued and does not include any indebted limitation."
"Gentleman from Winnebago moves for the adoption of Amendment #4 to House Bill 3162. And on that, is there any discussion? The Gentleman from Adams, Mr. Mays."
"Thank you very much, Mr. Speaker. Will the Gentleman yield for a question?"
"Indicates he will."
"What is the... on page 4 line 18, the indebtedness limitation set forth shall not apply to any indebtedness of 236 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 the municipality. Can you explain that for me, please?"
"What this means is, if a municipality has to issue bonds because of a mandate by the EPA, they're allowed to issue them inspite of their indebtedness. It doesn't count against their indebtedness because there is a mandate from the EPA."
"Thank you very much."
"Further discussion? There being none, the question is, 'Shall this Amendment be adopted?' All those in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"Floor Amendment #5, offered by Representative Giorgi."
"Gentleman from Winnebago, Mr. Giorgi."
"Mr. Speaker, last year... last Session when we passed the quarter cent sales tax Bill for counties in House Bill 1517, we inadvertently removed the language that allowed for emergency services and disaster operations levy. This is the Bill that Representative Vinson was opposed to and; since then, he's heard from the Illinois Farm Bureau, from the Illinois Municipal League and everybody else, the Taxpayers' Federation, and he agrees that this Amendment is what they wanted. And I urge the adoption of the Amendment."
"Gentleman from Winnebago moves for the adoption of Amendment #5 to House Bill 3162. And on that, is there any discussion? There being none, the question is, 'Shall the Amendment be adopted?' All in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"There are no further Amendments."
"Third Reading. On the Order of House Bills 237 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Local Administration appears House Bill 3222. Mr. Clerk, read the Bill.
"House Bill 3222, a Bill for an Act in relationship to sales representation and advertising of goods. wares and merchandise. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative Hensel and Nash."
"Gentleman from DuPage, Mr. Hensel, on Floor Amendment #1."
"Thank you, Mr. Speaker. Amendment #1 to House Bill 3222, there's a minor change, and I'll have it here in just a second. It changes the, on page 2 line 1 by inserting immediately after a fee of the following no more than, and what it actually does, it adds new language to make $75 the maximum amount, rather than the set amount of license fees for conducting certain types of sales, and I ask for its adoption."
"Gentleman from DuPage moves for the adoption of Amendment #1 to House Bill 3222. And on that, is there any discussion? The Gentleman from Cook, Mr. Kulas."
"Thank you, Mr. Speaker. This is an Amendment that I agreed to in 8024ittee, and I would... wouldn't oppose the Amendment."
"Question is, Shall the Amendment be adopted?" All in favor say 'aye", those opposed 'no". In the opinion of the Chair, the 'ayes have it. The Amendment's adopted. Further Amendments?"
"Floor Amendment #2, offered by Representative Kulas."
"Gentleman from Cook, Mr. Kulas."
"Thank you, Mr. Speaker. Floor Amendment #2, I'm offering 238 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 at the request of the Secretary of State's Office. All this does is it gives the Secretary of State a reciprocal subpoena enforcement because of an agreement made with the State of Missouri, and I would move for its adoption."
"Gentleman from Cook, Mr. Kulas, moves for the adoption of Amendment #2 to House Bill 3222. Is there any discussion? There being none, the question is, *Shall Amendment #2 be adopted?" All in favor say 'aye, opposed "no". In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Local Administration appears House Bill 3290. Mr. Clerk, read the Bill."
"House Bill 3290, a Bill for an Act concerning fines and costs issued in relationship to various offenses. Second Reading of the 3il1. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment 31, is offered by Representative
Steczo. Speaker Greiman: "Gentleman from Cook, Mr. Steczo, on Amendment #1."
"Thank you, Mr. Speaker, Members of the House. I believe that Amendment #1 to House Bill 3290 is simply technical in nature, and I would move for its adoption."
"Gentleman from Cook, Hr. Steczo, moves for the adoption of Amendment #1 to House Bill 3290. All those... Is there any discussion? All those in favor say *aye, those opposed "no". In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. On the Order of Local 239 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Administration appears House Bill 3551. Mr. Clerk, read the Bill. Yes, Mr. Steczo, may we take this out of the record for a moment? Alright. On that same Order of Business appears House Bill 3552. Mr. Clerk, read the Bill."
"House Bill 3552, a Bill for an Act relating to forest preserve districts. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is offered by Representative Steczo."
"Gentleman from Cook, Mr. Steczo."
"Thank you, Mr. Speaker. The board still says, 3551, if the Clerk would want to make the correct change. Amendment #1 to House Bill 3552 would allow a forest preserve district on which... who has on his property a sanitary landfill or regional pollution control facility, to create a landfill expense fund. This fund would serve to allow the county forest preserve district to be able to use those expenditures to restore correct problems with regard to those landfill sites, like leaching, erosion or what have you. Currently, the funds from these corrections must come from two sources, either the general revenue fund of the county... or of the forest preserve district or royalties collected from users. But, in the cases of those royalties, the courts have ruled that only $400,000 maybe set aside. The reason for this Amendment is that in most cases that is simply not enough. One county forest preserve district, for instance, just recently spent two and a half million dollars to correct the problem. This would allow the fund to have a time limit of forty years and a dollar limit at $15,000,000 that would be a user fee. It would be collected from users. It would not, actually, 240 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 be an increase in the fee - would allow the forest preserve district to negotiate when the current contracts expire. At the time limit, any funds available would be put back in the county general revenue fund, and I would move for the adoption of the Amendment, Mr. Speaker."
"Gentleman from Cook moves for the adoption of Amendment #1 to House Bill 3552. Is there any discussion? The Gentleman from DuPage, Mr. McCracken."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield for questions."
"Am I correct in concluding that no tax levy is adopted by the adoption of this Amendment?" Steczo "That is correct, Representative McCracken. This is a user fee. This allows that forest preserve district... or the forest preserve district to negotiate when the current contracts are expired in order to provide the fees for this fund."
"Thank you."
"Further discussion? There being none, the question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"There are no further Amendments."
"Third Reading. Representative Braun in the Chair."
"On the Calendar on page 16 appears House Bill 3555. Representative Steczo. Mr. Clerk, read the Bill. 3555. Representative Steczo. Read the Bill, Mr. Clerk."
"House Bill 3555, a Bill for an Act relating to forest preserve districts. Second Reading of the Bill. There are no Committee Amendments."
"Any Floor Amendments?" 241 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
"There are none."
"Third Reading. May 21, 1986 House Bill 3551, Representative Steczo. Mr. Clerk, read the Bill."
"House Bill 3551, a Bill for an Act relating to forest preserve districts. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 3575, Representative Stern. Mr. Clerk, read the Bill."
"House Bill 3575, a Bill for an Act to amend the Civil Administrative Code of Illinois. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"There are no Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. Special Order of Call Administration of Justice, on page 12 of the Calendar, appears House Bill 2529, Representative Pullen. Mr. Clerk, read the Bill."
Representative Pullen. Clerk Leone: "House Bill 2529, a Bill for an Act to amend the Criminal Code. Second Reading of the Bill. Amendments #1, 2 and 3 were adopted in Committee."
"Any Motions filed?"
"There are no Motions filed."
"Any Floor Amendments?"
"Floor Amendment #4, offered by Representative Davis."
"The Chair recognizes... For what reason the Gentleman from DuPage, Representative McCracken, seeks recognition?"
"On behalf of Representative Davis, I ask to withdraw 242 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day the Amendment."
"The Amendment is withdrawn.
"Floor May 21, 1986 Further Amendments?" Amendment #5, offered by Representative Cullerton."
"The Gentleman withdraws Amendment #5. Further Amendments?"
"Floor Amendment Cullerton." #6, offered by Representative
"The Gentleman withdraws Amendment 6. Further Amendments?"
"Floor Amendment 37, offered by Representative Anthony Young."
"The Chair recognizes the Gentleman from Cook on Amendment 7. Representative Young." interference.
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Amendment #7 would, in fact, become the Bill. The Bill itself is an attempt to correct a very serious problem regarding visitation rights of parents after there has been a divorce proceeding, and it tries to solve the problem of unlawful visitation However, the problem with the Bill as it now stands, is it takes this domestic issue and places it in the criminal courts. What Amendment #7 would do. would leave the issue before the domestic relation courts and set up an expedited procedure, whereby either parent who had a grievance could file a petition in civil court and be guaranteed a court date between 14 and 21 days. The Amendment also sets out a definition for visitation abuse. and it defines visitation abuse as denying another party visitation as set forth by the court; failure to exercise visitation or exercise visitation, but in a manner which is harmful to the child or the child's custodian. And I would ask for the Amendment." passage of the 243 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"The Gentleman has moved the adoption of Amendment #7. On that, is there any discussion? The Chair recognizes the Lady from Cook, Representative Pullen."
"Thank you, Madam Chairman, Ladies and Gentlemen of the House. The Amendment, in fact, guts the Bill. The Bill was worked on at length by the House Judiciary Committee and approved by the Committee. The Amendment offers the people who are going through this situation and the children involved no more remedies than are now available to them, in essence, because it puts it back into the civil court, where there are problems of backlogs, where people have to spend the money to hire an attorney and this Bill is partially because there are some people who can't afford an attorney where people have to perform service of summons upon the respondent themselves and face the problem of having that summons stuffed. I would like to debate this Bill on Third Reading, and I would like to consider it on Third Reading in the form in which I am offering the Bill and in the form in which the Judiciary Committee approved it. I believe this Amendment is a very unfortunate assault on the Bill, and I urge its defeat. Thank you."
"Is there further discussion? The Chair recognizes the Gentleman from Cook, Representative Cullerton."
"Yes, thank you, Madam Speaker. I would think... I would agree with Representative Pullen that we did have a long and a very intense debate about this Bill in Judiciary Committee. It did receive a very good hearing and the Bill that... I believe, Representative Pullen may even have amended her Bill. Yes, she did, Amendment #1, 2 and 3, I think, were adopted that attempted to improve the Bill. She brought it back twice, I believe, in the Committee. 244 STATE OF ILLINOIS 84th GENERAL AS SEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 However, I also think that this Amendment is not offered in bad faith, because the people who differed with the approach taken by Representative Pullen advanced what is basically included in this Amendment. They didn't have it ready for an Amendment in Committee, but they certainly do now, and it's certainly their right. So, the issue here is whether you think the problem of visitation rights in child custody cases should be considered, under Representative Pullen's Bill, in criminal court or, under this Amendment, in civil court under an expedited hearing procedure. The thought was... the arguments were that the criminal court Judges who do not have the expertise in the, you know. the divorce field, and you would be requiring, at least, in the case of Cook County in Chicago, be requiring these people to go out to the criminal court building. It would be better to have them stay in the civil court but do something to speed up the process, and that's what the Amendment does. It does provide for an expedited hearing in the civil court. So, I just wanted to make it clear that this was something which was probably debated in the Committee. The Amendment is not given in bad faith. It just provides the alternative procedure, both of which are designed to try to accommodate what is recognized as a serious problem."
"Is there further discussion? The Chair recognizes the Gentleman from DeKalb, Representative Countryman."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I rise in opposition to the Amendment. I know that the Sponsor of the Amendment is well intended; however, what he's setting forth in the Amendment, essentially, is the civil procedure with an expedited procedure to get it into court quicker, but the civil 245 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 procedure of this state. And I really don't think the Amendment does much but to change the Bill, and I really think that the Bill ought to be voted on Third Reading in the form in which it came out of Committee. And as the previous speaker has indicated, the Chairman of the Committee, the Bill has been worked on a number of occasions with the Judiciary Committee and has come out. But let me remind the Members of the General Assembly that this Bill talks about somebody who... in violation of a court order relating to child custody, detains or conceals a child with the intent to deprive another person or a lawful custodian of his rights to visitation. Now, as an individual who's practiced law for 15 years and gotten involved in these situations, it seems like you get the calls at home on Friday night or Sunday night and somebody says, 'I went to get my kids and get over there and she says, I can't have them this weekend. She's changed the scheduled. Or vice versa, she calls you on Sunday night and says, "He didn't bring the kids back, he says, it's his week for... all of a sudden it's his week for the vacation and he wants his weeks worth of vacations." They do things in derogation of each others rights and they do them sometimes as spiteful sorts of things, and let's look at the criminal law for what it is. The criminal law is a deterrent for that sort of conduct. I would hope that we could pass this statute in the present form and never have anybody prosecuted under it, because it's the rights of the children that we're out to protect, not the rights of these parents. The children need this visitation and when the parents come to get the children for this visitation, they should be ready to go. When it specifies in a decree that they should be there at 6:00, they should be there at 6:00, not at 8:00. They should be there at 6:00 and not it's the 246 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 wrong weekend, or the parent's taken off and gone somewhere else. I'm certain that because of the fact that child support is always set by the Judges, not to be something which you can offset from visitation, that you're cognizant of the fact that failure of pay child support and neglect can become a criminal offense if, in fact, neglect of the children, failure to support is deemed long enough. I think this is a good Bill. I think the Amendment guts the Bill, and I'd ask for a 'no' vote and ask for a Roll Call vote."
"Is there further discussion? The Chair recognizes the Gentleman from Cook, Representative Bowman."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Will the Gentleman yield for a question?"
"Yes, he... she Isic he) indicates she Isic he) will."
"Representative Young..."
"He.."
"...My understanding is the... that this Amendment is supported by a number of organizations. I don't believe you mentioned that in your opening remarks. At least, I did not hear them. Could you tell me..."
"The... the Amendment is supported, to my knowledge, by Illinois NOW, the Bar Association... the Chicago Bar Association, the..."
"That's... that, that's fine."
"And I think it's also supported by the state's attorneys."
"Okay. Thank you. To the Bill, Madam Speaker. This Amendment is supported by the Bar Association and by the state's attorneys, and I believe for very good reason. I believe the Bill, in its original form, may be amended by the Sponsor, will not do what the Sponsor wishes it to do. 247 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 The Sponsor clearly wishes to prevent people from interfering with visitation rights. She wants to prevent persons from detaining the children, perhaps, from a timely return to the custodial parent. But, under the Criminal Code, the state has to prosecute. A private individual cannot go into court and assert their rights under criminal law. They have to rely upon the state's attorney. Now, they spoke of a backlog in the civil courts, but our criminal courts are backlogged, our jails are overflowing, our prisons are overcrowded and the state's attorneys have other kinds of cases that they have got to give priority to. The state's attorneys have got to give priority to cases of murder, and burglary, and armed assault and other... even misdemeanors that are crimes against property and persons that the public is demanding that the courts take quick and prompt action. So, what's going to happen is these custodial parents are going to be clamoring at the state's attorneys doors and saying... you know, take this guy or this woman into court on my behalf and the state's attorney is going to say, "Get in line. Go to the back of the line." And they will be turning people away in droves and the situation won't get any better. So, if you really want to get the problem solved, you've got to leave the matter in the civil courts. You got to leave it in the hands of the people so they can assert their own rights. You've got to provide an expedited proceeding as the Amendment does and so, that is why I'm in support of the Amendment because I want... I agree with the goals of the... the Lady who offers the Bill, but she doesn't do it in the right way. I think Amendment 27 is the right way to go. The Chicago... the Bar Association and the State's Attorneys Association thinks it's the right way to go. I support Representative Young on Amendment 7." 248 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
"Is recognizes the Johnson." there further Gentleman Johnson: May 21, 1986 discussion? The Chair from Champaign, Representative "I really think people ought to listen real carefully to what the facts are and the law is right now because; otherwise, you could be led astray by some of the arguments on this... on this Amendment. Representative Hicks, you're here. aren't you, somewhere? Representative Hicks and other Legislators, a few years ago, sponsored legislation, which has basically become the law, that stands for the premise that both parents in situations of dissolution have and ought to have strong rights to be able to participate in the upbringing of their children. Now, that's directly or indirectly related to this legislation in this way. If you have a situation where one parent is granted custody and the other visitation rights and the noncustodial parent takes the child or children in violation of the parent... the custodial parents' rights or custody, under a lot of circumstances, they are now guilty of kidnapping. They're guilty of violating the criminal laws of this state and not only did they have the remedy of the civil courts, they also have the remedy of the criminal courts to be able to uphold their right to custody. If you pass this Amendment, which you shouldn't, you're going to say, it's alright to criminally prosecute people for violating custodial rights, but the other parent who may have extended visitation and whose time in terms of bringing... upbringing their children is just as important as the custodial rights, that we're going to tie at least one of their hands so that the only thing they have is the civil justice system. And Representative Bowman, I know you didn't mean to do this, but the fact of the matter is that a noncustodial parent, under this Bill as unamended, would have access to the 249 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 civil courts and, if you keep this Amendment off, would also have access to the criminal courts. What's more fair than to say, if you violate someone's right to custody or if you violate their right to reasonable visitation or to specific extended visitation or whatever it may be, that you violated the basic concept that both parents ought to be able to participate in the upbringing of that child and that the time that one parent has in terms of custody is equally as important as the time that the other parent has and what they call visitation, and what's good for the goose, is good for the gander. If you're able to use the criminal courts to make someone guilty of kipnapping and other offenses when they violate custodial rights, what's more fair than to say that you have access to the civil courts and also to a new criminal remedy when you violate somebody's right to visitation? What's more fair than that? If you say anything other than that, and with all due respect to my good friend Representative Young, if you pass this Amendment, you're really saying in the Domestic Code in Illinois, that we have a double standard, that what's good for the goose is not good for the gander and that it's somehow better and noncriminal and nonsanctionable, except in the civil courts, to be able to violate somebody's basic right to be with their children or child in a visitation circumstances. This is the fairest Bill of all, and if you leave it unamended, it goes so far towards implementing what Representative Hicks and others tried to do a few years ago; but, if you put this Amendment on, with all due respect again, to Anthony Young, you gut the Bill and you put everything on a double standard and none of us ought to want to do that. I urge a 'no' vote."
Speaker Braun: "Is there further discussion? The Chair recognizes the Gentleman from St. Clair, Representative 250 STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Flinn: Flinn." "Madam Chairman, I almost forgot what I had for. May 21, 1986 my light on I remember now, I move the previous question."
"The Gentleman has moved the previous question. The question is, 'Shall the previous question be put?" All in favor say 'aye", opposed say 'nay". In the opinion of the Chair, the 'ayes have it. The Chair recognizes Representative Young, to close."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. And Members of the Assembly, I hope you'll listen real carefully when the arguments as to why this Bill was necessary and was put forth. If the idea that we're trying or the proposition we want to put forth is to protect both parents' rights to custody, if the idea is to protect the children's right to equal access with both of their parents, then what we ought to be trying to do is to sure that we pass a law that will assist visitation and will protect both parents' rights. I don't really believe it matters whether or not someone is put in jail in a criminal court or a civil court. If the civil Judge has the make authority and responsibility to hold you in contempt and put you in jail, jail is the same regardless to what court it's done in. One of the prime reasons for pushing this Bill is to get away from the backlog in domestic courts and to speed up the process. There was an example given of the Friday night visitation and Monday in the courts. Well, there is not a criminal court in this state where you're going to go in on something like this Friday night and wind up before a Judge on Monday. In Cook County, misdemeanor court dates are 30, 45, 60 days apart. The next thing we have to look like is what are the Judges trained in. The Judges in criminal courts who hear murders, rapes, kidnaps are going to think those cases have 251 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 a priority over parental violation of visitation rights. So, criminal court is not the place. The Judges are not familiar with the most recent changes in the domestic law. We change the domestic law every Session and domestic relation Judges stay on top of that law. Criminal law Judges stay on top of criminal law. That's the kind of cases they hear. Secondly, there is an issue of costs. Well, under this Amendment, what it would cost anybody who wanted to get before the court, would be $3 for the certified mailing fee that they would have to give to the clerk and then the clerk would mail it. The remedies available to this Judge, to any Judge under this Amendment, would be modified visitation. supervised visitation, makeup visitation, order compelling mediation or counseling for all the parties involved and sanctions for violating court orders. And finally, one thing for all my state's attorney friends on the other side, if you pass this Bill, what you're going to be putting into law is something that can be used by defense attorneys to flea bargain. Right now, if there is a parental kidnap and that got before a Judge where one party, a noncustodial party may take a child out of state or keep him for two or three months, rather than be charged with kipnapping, with this on the books, we'll be able to flea bargain that down to unlawful visitation. I would urge an 'aye vote on this Amendment. Like I said, the state's attorneys do not want this in their courtrooms. They do not think it's a criminal priority. The main problem we've had in the past is a lot of Judges in the domestic relations have not viewed this matter as an emergency. If we pass this Amendment and then put it into law, we'll be giving them a directive to hear these matters within 14 to 21 days and we'll keep custody visitation and all matters related with domestic relations 252 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 before trained domestic relation Judges where they belong. I urge your 'aye vote."
"The Gentleman has moved the adoption of Floor Amendment 7. All in favor vote 'aye, opposed vote 'no". Voting is open. The Chair recognizes the Lady from LaSalle, Representative Breslin, to explain her vote."
"Thank you. Madam Speaker and Ladies and Gentlemen of the House. I rise as a strong supportant... supporter of the rights of custody to both parents and, as such, was a Sponsor of the joint custody Bill last year. I disagree with the opponents of this Bill who say we are creating a double standard here, and that it is not fair. What this Amendment does is create a system for mediation in an ongoing dispute in the domestic affairs area. This is an issue that, Ladies and Gentlemen, I think we should address on an ongoing basis for our court system. He have found too often that our court system is not available to our citizens. It is not flexible enough to meet their needs. In the situation where there are disputes on the domestic level, they are often ongoing. The dissolution of marriage decree does not end all of the problems. If we would set up a system like this proposes, that they have in Michigan, that has an ongoing availability of a court system to mediate the disputes that arise, in this case that happens to deal with child custody, we would provide a far better system of justice and a far better system of eliminating the problems that our citizens run into everyday. So, while this is just one area where mediation ought to be considered by this General Assembly, it is a good one. It is fair to all citizens. It gets disputing parties before a court in a calm. quick manner and low cost and lets a Judge decide fairly, having heard all of the circumstances. what kind of cir... what kind of remedy should be 253 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 appropriated. I think you should give it more consideration, Ladies and Gentlemen. Thank you."
"Have all voted who wish? On this... On this Amendment there are 29 voting 'aye. 75 voting 'no", 2 voting 'present'. The Amendment fails. Further Amendments?"
"There are no further Amendments."
"I've been informed by the Clerk that a prison... a correctional impact note has... request has been filed. The Bill will, therefore, remain on the Order of Second Reading until such... until the requirements of Rule 34 are... House Bill 3275. For what reason does the Gentleman from DuPage rise?"
"I move that the fis... or the prison population impact note does not apply."
"I'm sorry, Representative, I've moved on to another Order of Business at this point."
"No, you didn't."
"Don't scream. Don't scream. Representative McCracken, your light didn't go on until... Your light did not go on to make the Motion until after the next Bill had been called. We're not on that Order of Business anymore, Representative McCracken. I'm very sorry. Representative McCracken, if you had timely made the Motion or timely pushed your button or said something, you would have been recognized, but you were not. House Bill 3271, Representative Vinson. Yes, Representative McCracken."
"Speaker, you... Now, the board's changed. My friend, the Assistant Clerk, changed the board. Speaker, I think this can be resolved very quickly. I make the Motion and I don't know that there will be much debate, and we can put this behind us."
"Representative McCracken, because you stand there 254 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 looking so friendly, the Speaker's heart has been melted. So, we'll take your Motion. Representative McCracken moves that the fiscal note... that the prison impact note does not apply with regard to House Bill 2529. And on that, is there any discussion? Representative Cullerton."
"Yes. Will the Sponsor yield?"
"He indicates he will."
"Representative, what is the criminal penalty contained in the Bill, if we can determine whether or not people will be going to jail or not?"
"Petty offense for the first two offenses."
"And can a petty offense result in incarceration?"
"No, it cannot."
"So, this is the same offense that you receive if you don't wear your seat belt?"
"I think this is less than the seat belt offense, isn't it?"
"The seat belt is a petty offense. It should be a... a fine... Is there just a fine involved here?"
"Yes, Sir, the maximum would be a $500 fine, no jail is possible."
"So, this is more severe than the seat belt violation which is only $25?"
"Yes, you're right."
"And so, since there's no way that anyone can go to jail under this Bill, you think the prison impact note won't apply?"
"Yes, I do or it would come back zero, but who knows."
"Now, if there is a further... future offense, it becomes a Class A Misdemeanor, though, doesn't it."
"That's correct.”
"So then, people could go to jail."
"That's correct." 255 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"So, don't you think we should find out how many people should go..."
"No."
"Why not? I mean, it won't take that long. We'll just ask the Department of Corrections to give an impact note and we can come back to the Bill later on tonight."
"This is a misdemeanor and the penitentiary or the state system is not available for incarceration. It's a misdemeanor."
"Well, I understand."
"So, it's a county jail. It isn't a state function."
"And so... what about reimbursement?"
"I don't think we reimburse them, do we?"
"We will after we pass some other... more Bills this year."
"As the law currently stands, there is no impact."
"Further discussion? The Chair recognizes the Gentleman from Cook, Representative Bowman."
"Yes, just to point out that Rule 34(A) refers to a correctional budget impact note, which is what I requested. We refer to it loosely on the floor of the House as a prison impact note, but we're talking about the Corrections budget and there is state support for probation and for the county systems and there will be a budgetary impact. And all we want to know is, what is the impact. You obviously create a new crime. There's got to be an impact."
"There being no further discussion. The Gentleman has moved that the correctional budget impact note is inapplicable to House Bill 2529. All in favor vote 'aye, opposed vote 'no". The voting is open. The question is, 'Is the note applicable?' The Gentleman's Motion is that the note is not applicable. Yes, means that it is not applicable. No, means that it is. Have all voted? On 256 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 this question... on this question there are 70 voting "aye", 33 voting "no", none voting "present", and the Fiscal Note Act does not apply to House Bill 2529. Third Reading. House Bill 3271, Representative Vinson. Representative... the Gentleman In the chamber? Representative McCracken."
"He asked me to proceed with this Bill and the Amendment. I would ask leave of the House to do that."
"Mr. Clerk, read the Bill."
"House Bill 3271, on page 15 of the Calendar. House Bill 3271, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2, offered by Representative Vinson."
"The Gentleman from DuPage, Representative McCracken, on Amendment 2."
"Thank you, Madam Speaker. Amendment #2 would delete certain provisions in Amendment #1, which would have created a withholding order as a matter of law, when, in fact, that withholding order had not been issued. The procedure in Amendment #2 would provide that upon mailed notice to the obligor of his rights in this matter, that the court would be authorized to issue an income withholding order. It would be an expedited procedure for effecting that and; if the obligor would object, then the court will be required to hold the hearing. In the absence of that objection or notice, the court can issue the order without any further proceedings, and I move its adoption."
"The Gentleman has moved the adoption of Amendment 257 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 2 to House Bill 3271. On that, is there The Chair recognizes the Gentleman Representative Countryman. Countryman."
"Thank you, Madam Speaker. yield."
"He indicates he will."
"Representative McCracken, does somebody have to be in arrearage in their child support before this comes into play? So, it only applies in the instance of arrearage?"
"Yeah."
"Correct."
"And he will get notice before the enter... the order is entered?"
"Correct."
"Can you tell me how many days he would get?"
"Twenty days from mailing."
"Twenty days from the date of mailing. I... I'd had some... To the Amendment, Madam Speaker. I'd had some concerns about this in the Committee, and I think it's probably my concerns that have caused the Amendment to be this way. My concerns were that the... that there must be an arrearage and that there must be some due process notice to him that the order of support was going to be entered and that you just could not use a decree or other instrument or divorce to automatically go to withholding. Those seemed to be satisfied, and I'd be in support of the Amendment."
"Is there further discussion? There being none, the question is, Shall Amendment #2 be adopted? All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"There are no further Amendments." May 21, 1986 any discussion? from DeKalb, Will the Gentleman 258 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986
"Third Reading. House Bill 3394, Representative Keane. Representative Keane. Mr. Clerk, read the Bill."
"House Bill 3394, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Churchill."
"The Chair recognizes the Gentleman from Lake, Representative Churchill, on Amendment 1."
"Just move we... Withdraw Floor Amendment #1."
"Amendment 1 is withdrawn. Further Amendments?"
"Floor Amendment #2, offered by Representative Ewing."
"The Chair recognizes the Gentleman from Livingston, Representative Ewing. Representative Ewing, on Amendment 2. Is the Gentleman in the chamber? Representative Keane."
"Madam Chairman... or Speaker, could we take this out of the record for a minute? I'm sure that Representative Ewing will be up here shortly and..."
"Out of the record. Take the Bill out of the record. House Bill 3573, Representative Cullerton. Mr. Clerk, read the Bill."
"House Bill 3573, a Bill for an Act in relationship to pretrial services. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Cullerton."
"Gentleman from Cook on Amendment 1."
"Thank you. Madam Speaker and Ladies and Gentlemen of the House. The Bill establishes a pretrial service agency 259 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 for the purpose of gathering and verifying information relevant to the setting of bond in criminal cases and providing that information to a Judge in setting a bond and also in monitoring a defendant's activities while he's out on bond. The Amendment does three things; first, it deals with the issue of the evidentiary use of statements made to the pretrial service agency worker by a defendant. The Bill provides that the statements may be admitted in court only in limited circumstances. The Amendment provides a similar restriction on the use of any evidence derived from those statements. The second issue deals with the right of the defendant to challenge the recommendations and conclusions of the report by explicitly saying that the defendant does have the right to challenge the statements that were made by the worker. For example, if a pretrial service worker determines that the defendant really doesn't work at the place that he or she said he or she worked, this would say the defendant has the right to challenge that at the hearing and; further, it restricts the availability of information contained in the report by limiting disclosure of the information. The original Bill prohibited disclosure outside the criminal justice system. The Amendment provides, instead, that probation officers are entitled to receive information contained in the report which have not been previously disclosed in a court proceeding. If it was disclosed in a court proceeding, of course, it's a public record. I move for the adoption of Amendment #1."
"The Gentleman has moved the adoption of Floor... Amendment #1. On that, is there any discussion? There being none, the question is, 'Shall Amendment #1..."
"Speaker."
"The Chair recognizes the Gentleman from Knox, 260 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Representative Hawkinson, on Amendment 1." May 21, 1986
"Will the Sponsor yield for a question, please?"
"Yes, I will."
"He indicates he will."
"Representative, did I understand you to say that this information that is not, otherwise, disclosed in court would not be availability, for example, to the state's attorney's office?"
"The...
"Or to defense council, for that matter?"
"It would be... The thought was that, if it's disclosed in court, then it's a public record, and the state's attorney, obviously, has that available to them. The... the Amendment says that, probation officers, rather than have to go back and ask the same questions of the defendant, if, let's say, for example, the defendant eventually gets probation, they can have access to that information; but, it does restrict the availability of information to other people within the criminal justice system."
"Since this agency is not supposed to be an arm of either the defendant or the state, why would you want to keep that information obtained in an independent way from the defense counsel, if it was, for example, exculpatory or from the prosecutor, for that matter? And wouldn't it, in fact, perhaps, if it was exculpatory, be a constitutional violation to withhold i the same way that the state may not withhold exculpatory material?"
"[... I see your point, but I believe that both the state's attorney and the defendant get a copy of the report, initially. Let me just double check the Bill. I think on page eight from the Bill. I can't locate the Amendment, but my understanding is that the report is made 261 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 available to both the state's attorney and the defendant prior to the bond hearing."
"I won't uphold... I won't hold up the proceedings now, but, perhaps, we can talk about it before Third Reading, and if we do have a problem there, maybe once you get it on Third, you could look at it."
"Right. Right. I understand your point and I'm not... I'm not trying to withhold from the defendant or the state, the relevant information that has been gathered by the agency."
"We'll talk about it. I won't hold it any further."
"Is there further discussion? There being none, the question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'ayes have it. The Amendment is adopted. For what reason... Further Amendments?"
"There are no further Amendments."
"No further Amendments. Third Reading. Gentleman from DuPage, Representative McCracken."
"Next on the Call, Madam Speaker, is 3591, which is not marked for an Amendment. It's on Third Reading and there is an Amendment for it. I could do it tonight or tomorrow, if you wish."
"We... We'll go forward with 3591. Can I also say to you and to Representative Hawkinson and to everyone, under this new system, you need to push your button first when you get ready to seek recognition, because, otherwise, it doesn't light up up here and there is no way that I can know that you're seeking recognition? Mr. Clerk, read the Bill, 3591."
"House Bill 3591, on page 18, a Bill for an Act to amend an Act relationship... relating to the Department of Children and Family Services. Third Reading of the Bill." 262 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"The Gentleman from DuPage."
"Madam Speaker, I ask leave to return this Bill to Second Reading for purposes of an Amendment."
"Gentleman requests leave to return the Bill to the Order Second Reading. Leave is granted. Mr. Clerk, read the Bill."
"Floor Amendment #2, offered by Representative McCracken."
"Gentleman from Dupage, on Amendment 2."
"Inquiry of the Chair, Madam Speaker. Has Amendment #1 been adopted?"
"Apparently... I just inquired about that, apparently, Amendment 1 was adopted in Committee. No Motions have been filed in regard to that Amendment."
"I move to table Amendment #1. It would be replaced with the language of Amendment #2."
"The Gentleman moves to table Amendment #1. On that question... On that question, is there any discussion? All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'ayes have it. The Amendment is tabled. Further Amendments?"
"Floor Amendment #2, offered by Representative McCracken."
"The Gentleman from DuPage."
"Thank you, Madam Speaker, Ladies and Gentlemen. Floor Amendment #2 would become the Bill and makes changes in the language without affecting the Bill's intent. It amends the Department of Children and Family Services Act, rather than the Abused and Neglected Child Reporting Act, essentially, allowing private donations for purposes of funding the Act as well as other sources of funds. It is requested by the Department and I move its adoption."
"The Gentleman moves the adoption of Amendment #2 263 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 to House Bill 3591. On that, is there any discussion? There being none, the question is, 'Shall Amendment #2 be adopted?' All in favor say "aye", opposed say 'nay". In the opinion of the Chair, the "ayes" have it. The Amendment is adopted. Further Amendments?"
"There are no further Amendments."
"Third Reading. Representative Keane. Representative Keane, are you prepared to proceed with 3394?"
"Madam Speaker, it's an Agreed Amendment. If you want, I'll be happy to handle it. Thank you."
"Mr. Clerk, read the Bill, House Bill 3394."
"House Bill 3394, on page 15, a Bill for an Act to amend the Illinois Municipal Code. It has been read a second time previously. Amendment #1 was withdrawn. Next Amendment, is Floor Amendment #2, offered by Representative Keane."
"Gentleman from Cook, on Amendment 2."
"Thank you, Madam Speaker. Amendment #2, it should be... it's sponsored by Representative Ewing, but I will handle it in his absence. What it does is that it allows the corporate authorities of any municipality to provide a combination of hospital, accident, medical, group life insurance for the benefit of spouses or dependents of such employees. The Bill... or the Amendment is in response to a problem that a municipality within Representative Ewing's district has. And the language of the Amendment is permissive, and I would move for its adoption."
"The Gentleman has moved the adoption of Amendment 2. On that, is there any discussion? There being none, the question is, 'Shall Amendment #2 be adopted?' All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. 264 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Further Amendments?"
"There are no further Amendments."
"Third Reading. On the issue. Subject Matter Call - Public Finance, on page 13 of the Calendar, appears House Bill 2796, Representative McNamara. 2796."
"On page 13 of the Calendar, House Bill 2796. a Bill for an Act to amend the Illinois Municipal Code. Second Reading of the Bill."
"The Chair recognizes the Gentleman from Cook, Representative McNamara."
"The Bill as it's presented right now deals with fiscal emergencies. Those fiscal emergencies are that when a... when they get into... a municipality gets... when a municipality goes into a problem area, that the controller is able to go in and assist that unit of government and avoid any bankruptcy."
"Representative McNamara, I understand there are Amendments offered to this legislation."
"Floor Amendment #1. offered by Representative Churchill."
"The Gentleman from Lake, on Amendment #1."
"Question of the Chair. Is Floor Amendment #2 also mine?"
"Yes, it is."
"Okay. I withdraw Floor Amendment #1."
"Amendment 1 is withdrawn. Further Amendments?"
"Floor Amendment #2, offered by Representative Churchill."
"The Gentleman from Lake on Amendment 2."
"Thank you, Madam Speaker. Floor Amendment #2 amends the Bill to deal with the Local Governmental and Governmental Employees Tort Immunity Act. What it does is it limits the amount that can be awarded in a lawsuit 265 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 against a local public entity or its employees, based on injury, to $1,000,000 for any single accident involving a vehicle and $100,000 per person per accident of any other kind; establishes other immunities and defenses for local public entities in the Amendment."
"Excuse me. For what reason the Gentleman from Cook, Representative Cullerton rise?"
"Yes, Madam Speaker. I... On a point of order, I would ask that the Parliamentarian determine whether or not this Amendment is germane."
"Representative Churchill, the Parliamentarian has ruled that Amendment #2 is not germane, and so far as the Bill itself isn't... the Bill itself amends the and refers to the Illinois Municipal Code, where as your Amendment is an Amendment to revise the law in relation to counties. And the Parliamentarian has ruled that the Amendment is not germane. Yes, Representative Churchill."
"I believe that it amends not only the counties Act, but it also amends the Local Governmental and Governmental Employees Tort Immunities Act. The heart of this Bill is to take a look at the cost that municipalities have for their liability insurance. The Bill refers to budgeting and financial matters of municipalities. What could be more close to budgeting and financial matters of the municipality than the cost of the municipality's liability insurance? It's an intrinsic part, and I would argue that the Amendment has to be germane, because that it deals exactly with the financing of municipalities. That's what this is all about."
"Representative Churchill, the Parliamentarian has rendered his opinion and he suggests that your Amendment, while it applies not only to municipalities, but to counties and other local governments. And, insofar as it 266 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 is more expansive than the legislation it seeks to amend. it is not germane."
"But it does deal with municipalities. You originally said, that it did not deal with municipalities."
"I didn't... I never said that. I suggested to you that, insofar as your Amendment goes beyond municipalities, it includes counties and other units of government, that it is more expansive than the underlying Bill, and it's been ruled by the Parliamentarian not to be germane. Further Amendments?"
"Floor Amendment #3, offered by Representative Piel."
"The Gentleman from Cook, Representative Piel, on Amendment 3. For what reason..."
"Thank you, Madam Speaker, Ladies and Gentleman of the House..."
"One second, Representative Piel. The Gentleman from Cook, Representative Cullerton, for what reason do you seek recognition?"
"Yes, on a point of order, I believe with Amendment #2 not being adopted, Amendment 3 is out of order."
"Representative Piel, we'll examine your Amendment. The Gentleman from Cook, Representative Piel."
"Did you say that I could... Representative Piel will examine the Amendment? I'll be more than happy to."
"No. I said, we will. We will examine the Amendment."
"Oh, I'm sorry. I thought you said I could."
"I'm sorry. Just one second."
"Looks pretty germane to me."
"The Gentleman from Cook, Representative McCracken. Representative Cullerton, the Parliamentarian has determined that Amendment 3 is in order. Proceed, 267 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Representative Piel."
"Thank House. you, Madam Speaker, May 21, 1986 Ladies and Gentlemen of the Basically, I have put in Amendment #3. Many times you'll fine municipalities are going through a financial crisis and lots of times these financial crisis deal with fiscal officers who have been lax in their duties or else, they've made bad judgments. Let's face reality, lots of times a situation with a municipality financial problem come... or arise and the person that has not made a good judgment as far as the fiscal... the financial conditions of the city go, and they are, in turn, looking to the person for more financial advice to get them out of the dilemma. So this, basically, vest the overseeing a of responsibility municipality's financial operations. In a municipality that is declared to have a fiscal emergency with a panel of seven certified public accountants, these people are... these accountants are people that do the day-to-day work as far as working on the accounts of the city, and this would be a panel of the seven... of seven... composed of seven CPAS to oversee the financial situation of the city and until the crisis was declared to be null and void. And I would ask for adoption of Amendment #3.
"The Gentleman has moved the... for the adoption of Amendment #3. On that, is there any discussion? The Chair recognizes the Gentleman from Cook, Representative McNamara."
"Thank you, Madam Speaker. I rise in opposition against Amendment #3 because what Amendment #3 does is take the responsibility that the people have placed on duly elected officials and take that responsibility away from them in order to get seven arbitrary CPAS. I think it's a bad concept to take the power away from the people that duly elected their officers and to put it into the hands of 268 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 seven appointed people; therefore, I definitely wish that the House would oppose this Amendment."
"Is there further discussion? The Chair recognizes the Gentleman from Cook, Representative Cullerton."
"Yes, would the Sponsor yield?"
"He indicates he will."
"Representative Piel, if you could look on page 2 of the Bill..."
"I don't have a copy of the Bill. Let me see a copy of it."
"I'll wait. On line 32. You see line 32 of the Bill?"
"Yep."
"Now, you're striking the words duly elected officials. Is that correct?"
"It's duly elected official."
"It's duly elected official. And you're replacing it, with Amendment #3, with a... about a five or six page... six line additional sentence. Is that correct?"
"Correct. Correct."
"And that ends with a period and a quotation mark, correct?"
"Well, the quotes, it doesn't end with a... end with a quote, John, because when you make an Amendment, you have to put in the quotes what you... or in the Amendment what you're doing Okay."
"It ends with a quote and then, a period, okay, and it's inserted into the Bill in the middle of a sentence, which continues on with the word 'and leaving to their discretion'. Is that correct?"
"Yeah."
"So, how could we possibly read this sentence with a 269 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 period in the middle of the sentence?"
"John. John, you know just as well as I do, the period is ending the Amendment. The period is not ending the... what it's stating there."
"That's not... that's not the case. There are... there are two periods there. It's a period, then a quotation mark, then another period. So, the Amendment's..."
"That is something, obviously, John, we've done a many of times, and you know just as well as I do, that's something that will be cleared up through the LRB."
"Oh, so... Okay. I just wanted you to admit that it's improperly drafted."
"Okay. No, I just said, you know, if the period there has..."
"Assuming arguendo, that there's a problem the LRB..."
"If you're having a problem with... John, if you're having a problem with the period, we can take the period out."
"You mean enrolling and engrossing, don't you?"
"True. Okay."
"Okay. Now, could you tell me, again, when would the duly elected officials of a municipality not have to be responsible for the conduct of the affairs of the municipality?"
"When a fiscal emergency is declared, John."
"So, when a fiscal emergency is declared, we take the entire charge of the affairs of the municipality and give it over to a panel of seven CPAs?"
"Yes, and that it basically explains how they will be broken down."
"That's all... that's... that's all issues. All issues. Even... what... where to put a stop... whether..." 270 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"The fiscal affairs. The fiscal affairs, John."
"Well, it doesn't say that, doesn't it, not in your Amendment it doesn't."
"But if you'll look at the Bill. You're... You're including the Bill, so if you look at the Bill, that's what... exactly what it says."
"Well, Madam Speaker, I would ask in light of the concession..."
"If you look... If you'll look at it, John, you know, you were asking about exactly where it would come in. It says, the discretion, the choices and the matter of expenditures and available revenues. It basically tells what they do."
"Madam Speaker, to the... on a point of order. Madam Speaker, on a point of order. After the Gentleman has conceded that the Amendment is improperly drafted, I would renew my suggestion that the Amendment is improperly drafted and is out of order."
"Madam Speaker, he asked if it was out of order. Improper drafting, if you will check, the improper drafting of a period at the end of a quote, does not constitute out of order."
"Representative Piel, Representative Cullerton point is well taken in that after the language was stricken by line four of your Amendment, what it seeks to insert, just simply does not fit, and so, the Amendment is out of order. Representative Piel."
"Why don't you pass that by me one more time."
"On line 32 of the Bill..."
"Correct."
"...Your Amendment seeks to substitute language beginning with a panel..."
"Correct."
"...And taking out 'duly elected officials'." 271 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 120th Legislative Day
"Correct."
"Which leaves the Bill reading, in charge of it a panel of seven certified, et cetera, therefore... and it ends with that sentence, which effectively has the effect of not fitting in and not continuing with the rest of the legislation, not even the rest of the sentence in the original Bill."
"No, I'm sorry. Madam Speaker, if you will read that... read that correctly, we're..."
"No. I..."
"...We're striking its, and a panel of seven certified public accountants so on and so forth, and then, it's ending with, and leading at... to their discretion the choices, the matter of expenditures and available revenues.. That's what Representative Cullerton and I were discussing, because he thought they were going to be taking over all the things as far as the city, but if you'll check, that fits perfectly in there."
"I just did, Representative Piel, and the Amendment is out of order. Further Amendments?"
"Floor Amendment #4, offered by Representative McNamara."
"Gentleman from Cook, Representative McNamara."
"Thank you, Madam Chairman. Amendment #4 is due to a tremendous amount of work between the Comptroller's Office and all of the parties involved. In order to make an Act in relationship to the financial planning and supervision of... for units of government that are currently in financial problems, it takes into consideration all of the points that must be done and provides necessary protections, and I urge that we adoption Amendment #4."
"The Gentleman has moved the adoption of Amendment 4. On that, is there any discussion? There being none, 272 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 the question is, "Shall Amendment 34 be adopted?" All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'ayes have it. Amendment 4 is adopted. Further Amendments?"
"No further Amendments."
"There has been a request for a fiscal note filed. Therefore, the Bill will remain on the Order of Second Reading. House Bill 2937, Representative Vinson. Representative Vinson, on House Bill 2937. Gentleman from DuPage, Representative McCracken."
"I'd ask leave to handle it on behalf of Representative Vinson."
"The Gentleman requests leave to handle House Bill 39... 2937 on the Order of Second Reading. Read the Bill, Mr. Clerk."
"House Bill 2937, a Bill for an Act in relationship to bonds pertaining to state occupation use, and motor fuel taxes. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is offered by Representative Shaw."
"Gentleman from Cook, Representative Shaw. Representative Shaw withdraws Amendment 1. Further Amendments?"
"Floor Amendment #2, offered by Representative Vinson."
"Representative McCracken, on Amendment 2."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Amendment 2 becomes the Bill and provides that persons who are required to file the surety bonds referred to in the Bill to insure payment of the taxes under various sales tax Acts, shall be exempt from the bonding 273 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 requirements if they have been in continuous compliance with the provisions of the Act for two or more consecutive years immediately prior thereto. I move its adoption."
"The Gentleman has moved adoption of Amendment 2. On that, is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Cullerton."
"Yes, will the Sponsor yield?"
"He indicates he will."
"I recognize that you're not the Sponsor of the Bill or the Amendment, but I'm wondering if you could explain what is the purpose of bond requirements in the first place? What's the philosophy behind having bond requirements? I assume it's to assure receipt of taxes."
"Representative McCracken."
"Yes, that's correct."
"And what we're doing with this Bill as originally drafted was to abolish... in effect, remove all bonding requirements, except appeal bonds, I believe. And how does this Amendment differ, how does it scale back the original Bill?"
"Current law requires three years of continuous compliance in order to not be subject to the bonding requirements. The Amendment brings it to two years of continuous compliance. The Bill originally as drawn did not provide exceptions for the bonding requirement."
"Okay. So, what happens if... if, for some reason, they don't comply, then they would have to come up with the bonds?"
"They'd have to post the surety bond."
"Okay, thank you."
"The Gentleman has moved the adoption of Amendment 2. On that, is there any further discussion? There being none... The Gentleman from Cook, Representative Keane." 274 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"Yes, I'd like to speak in favor of the Amendment. It's a good Amendment. It provides that if a sale... someone that has to refund taxes to the state has a good record, that he can waive the bond, and I would support the Amendment."
"The Gentleman has moved the adoption of Amendment 2. All in favor say 'aye", opposed say 'nay". In the opinion of the Chair, the 'ayes have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 3022, Representative Phelps. Representative Phelps. Is the Gentleman in the chamber? Mr. Clerk, read the Bill."
"House Bill 3022, a Bill for an Act to amend an Act relating to county and municipal jails. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Phelps."
"Gentleman from Saline, Representative Phillip.... Phelps, on Amendment 1."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Amendment #1 actually offers some criteria for disbursement of grants that would be available through the Bill if it becomes approved and... excuse me. I think that's #2. Excuse me. Madam Speaker. excuse me just a second."
"Representative, why don't we take the Bill out of the record until you're prepared to proceed."
"Thank you."
"Thank you. Representa... On page 14 of the Calendar appears House Bill 3032, Representative Laurino. Mr. Clerk, read the Bill."
"House Bill 3032, a Bill for an Act in relationship 275 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 to occupation and use taxes. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2, offered by Representative Shaw."
"Gentleman from Cook withdraws Amendment 2. Further Amendments?"
"Floor Amendment #3, offered by Representative Laurino."
"The Gentleman from Cook, Representative Laurino, on Amendment 3."
"Thank you, Madam Speaker. Amendment #3 strictly is a technical Amendment. When we adopted Amendment #1 in Committee, inadvertently the effective date was left off and this just puts it back in."
"The Gentleman has moved the adoption of Amendment 3. And on that question is there any discussion? There being none, all in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"Floor Amendment #4, offered by Representative Laurino."
"Gentleman from Cook, on Amendment 4."
"Thank you, Madam Speaker. Amendment #4 adds to the Bill or revision to the State Sales Tax Act whose purpose is to collect sales tax and sales made in Illinois by the cust... customers by out of state retailers who advertise in Illinois. This is basically what Amendment #4 does."
"The Gentleman has moved the adoption of Amendment #4. On that, is there any discussion? There being none, the question is, 'Shall Amendment #4 be adopted?' All in 276 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day favor say 'aye', opposed say 'nay". Chair, the 'ayes' have Further Amendments?" May 21, 1986 it. In the opinion of the
The Amendment is adopted. Clerk O'Brien: "Floor Amendment #5, offered by Representative Churchill."
"The Gentleman from Lake, on Amendment #5."
"Madam Speaker, after the adoption of Floor Amendment #3, Floor Amendment #5 makes no difference. I move to withdraw it."
"Withdraw Amendment #5. Further Amendments?"
"Floor Amendment #6, offered by Representative Churchill."
"Gentleman from Lake."
"Move that we withdraw Floor Amendment #6."
"Withdraw... withdraws Amendment #6. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 3396, Representative McPike. Mr. Clerk, we'll return to the Bill, 3022, by Representative Phelps first." 3022 on page 14 of the Calendar."
"House Bill 3022, a Bill for an Act to amend an Act relating to county and municipal jails. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Phelps."
"The Gentleman from Saline on Amendment 1."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House of the House. Amendment 1 makes a technical change, provides that the reimbursements, instead of saying "may", 'shall' be issued for projects after July 1, 1980, so it's just a technical change." 277 STATE OF ILLINOIS 84th GENERAL AS SEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"The Gentleman has moved for the adoption of Amendment #1. On that, is there any discussion? The Chair recognizes the Gentleman from DuPage, Representative McCracken."
"Will the Sponsor yield?"
"He indicates he will."
"Did you say that was a technical change?"
"Yes. In Committee, we discussed that the language said it *may be issued. and we agreed to make it a 'shall so... "
"Representative Phelps, you are so forthright."
"Well, thank you."
"That I will not take exception to the term. To the Amendment. The Amendment now reads that the grants shall be made. It becomes mandatory in that directory. Under the Bill as originally drafted, it was only discretionary and directory, indicating that the grants may be made. This requires grants to be made and if I read the Bill correctly, that could result in as much as a 75 million dollar issuance of general obligation bonds for this purpose. The Amendment, by requiring grants to be made, in effect, requires the issuance of the general obligation bonds by CDB, and this is... but is only technical in nature. Representative Hicks agrees, and I respectfully oppose the Amendment and ask for a Roll Call vote."
"Is there further discussion? The Chair recognizes the Gentleman from Cook, Representative Cullerton."
"Yes, Representative Phelps, do you have a copy of the Bill in front of you?"
"I believe so."
"Okay. As I understand the Bill, it starts with Paragraph D on page 2." 278 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day
"Yes." May 21, 1986
"And it says the Department is authorized to issue reimbursement grant entitlements or new construction grant entitlements to the counties, municipalities or public building commissions for the purpose of meeting minimum correctional facility standards set by the Department. Now, in Committee, we talked about the situation of a county that may have just recently built a new project, and they would be penalized because this program didn't go... wasn't in effect, and the purpose of the next paragraph was to say that we're going to go back to July 1, 1980. And you can be eligible for these... these grants. Is that correct?"
"Yes."
"Now, in Committee, it was suggested - I think by Representative Breslin, perhaps - that instead of having this grant entitlement being possible... of the possibility existing of these people that have already built prisons of getting the reimbursement if you change it to 'shall'. But as I understand it, it still isn't mandatory in that the Department is the one that has the authorization to make the grants. If they don't... if they choose not to, then there wouldn't... they wouldn't make the grant."
"Right, because the counties that have been cited for noncompliances for the jail facility standards are the only ones in question at this moment, so we felt like that going back to July 1, 1980 was an effort... from changing 'may' to 'shall' was as effort to show that we were not going beyond other noncompliances that could come in the future."
"Okay. Well, I am in support of the Amendment. It doesn't... I think that his characterization of a change from 'may' to 'shall' was in good faith, because it doesn't 279 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 make the whole project mandatory. It was done at the request of one of the Committee Members, and it really clarifies the intent that we wanted to not penalize some facility that was just recently built or built within the last six years, so I would urge the adoption of the Amendment."
"The Gentleman moves the adoption of Floor Amendment #1. On that, is there further discussion? The Gentleman from DuPage, Representative McCracken."
"Just to say that I agree with Representative Cullerton in the context of the two paragraphs. This Bill is... is still controversial, but he's correct in his characterization of the change."
"The Gentleman from Saline, Representative Phelps, to close."
"I move for the adoption of Amendment 1, please."
"The Gentleman moves the adoption of Amendment 1. All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"Floor Amendment #2, offered by Representative Phelps."
"The Gentleman from Saline on Amendment 2."
"Thank you, Madam Speaker. Amendment 2 actually goes a little farther in trying to clarify who is... will get the... who will have the right to say we need the reimbursement in a proper percentage of priority according to counties, and we have set up a list of criteria that will follow a ten-year trend that is not exactly locked into these criteria because the Capital Development Board and the Department of Corrections will still have some input and some control on what counties should have what amount or what percentage of the grant entitlements which 280 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 has a maximum of 90 percent. So, this actually just establishes the criteria for dispersement of grants based on economically depressed or distressed counties having to meet criteria to get a bigger percentage of reimbursement. And I ask for adoption of #2."
"The Gentleman has moved the adoption of Floor Amendment #2. On that, is there any discussion? There being none, the question is, "Shall Amendment #2 be adopted? All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 3396, Representative McPike. Mr. Clerk, read the Bill."
"House Bill 3396, a Bill for an Act in relation to the Build Illinois Program. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Barger."
"The Gentleman... The Chair recognizes the Gentleman from Madison, Representative McPike."
"Thank you, Madam Speaker. I understand that there are a great number of Amendments filed to this. It's 100... over a 100, and I would like to put a Motion to accept all the Amendments by voice vote, and it's obvious that this will be in a Conference Committee as it was last year. So, I would make the Motion to accept all Amendments to this Bill by voice vote."
"Mr. Clerk... The Clerk informs us that there are 129 Amendments proposed to this legislation. The Gentleman from Madison has moved that each of those 129 Amendments be considered and adopted simultaneously on a single Roll 281 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 Call. On that Motion, the Chair recognizes the Gentleman from DeWitt, Representative Vinson."
"Thank you, Madam Speaker. There was probably a strategy that could have been adopted to deal with this problem. If the last Amendment filed had incorporated all of the Amendments, I wouldn't have any problem with that. Unfortunately, what happens is, Amendment 129 knocks off Amendments 1 through 128, and as a consequence, I demand a division of the question."
"The Gentleman from Madison, Representative McPike."
"Representative Vinson, that was my mistake. I will withdraw Amendment 129 at this time or give you my word that we will withdraw it as soon as the first 120 are adopted. I will be glad to move to Amendment #129 at this time, withdraw or table the Amendment, and then adopt Amendments 1 through 128 on a voice vote, as you request."
"The Gentleman from DeWitt, Representative Vinson."
"Madam Speaker, given that remarkable demonstration of cooperation and willingness to move ahead, and the Gentleman has demonstrated several times today that he can bring a smile to his face and that all of his digits work, and as a consequence, I would join him in his Motion."
"Madam Speaker, I withdraw Amendment 129 at this point."
"The Gentleman has... The Gentleman withdraws Amendment 129 and moves that Amendments 1 through 128 be adopted simultaneously on a single voice vote. On that, is there any discussion? There being none, the question is. "Shall Amendments 1 through 128 be adopted?" All in favor say 'aye', opposed say 'nay'. In the opinion of the... All in favor vote 'aye'... In the opinion of the Chair... In the... All in favor say 'aye', opposed say 'nay'. In the 282 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 opinion of the Chair, the 'ayes' have it. The Amendments are adopted. Third Reading. House Bill... House Bill 3300, Representative Giglio. Representative Giglio on 3300. Mr. Clerk, read the Bill."
"House Bill 3300, a Bill for an Act to provide for the licensing and regulation of raffles and casino nights. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2, offered by Representative Johnson."
"The Gentleman from Champaign, Representative Johnson. on Amendment 2. Representative Johnson, on Amendment 2."
"Well, this Amendment... I assume a later Amendment maybe is a little more full in its coverage, but basically what this says is there's got to be a limit somewhere, unlike our FOID card. If somebody has committed a felony 80 years ago, they ought not to be prohibited from having one of these licenses, so this just puts a time limit on it. It provides that (a) persons applying for licenses, paid operators of games, a person applying for a supplier's license shall not have been convicted of a forcible felony within 10 years previous to the date of the application as opposed to convicted of a felony. It just puts a limit on it. I guess a later Amendment which I'm going to accept by Giglio, makes it 10 years and makes it any felony, which is okay. But I think this is a good idea. I don't think Representative Giglio disagrees, and I'd move its adoption."
"The Gentleman has moved the adoption of Amendment 283 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 #2. On that, is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Giglio."
"Mr. Speaker (sic - Madam Speaker), Ladies and Gentlemen of the House, we have talked about this Amendment, and I feel that the Amendment #3 would... would be a better Amendment than Amendment #2 for the simple reason that the felony that we're talking about, within the 10 year - we agreed on that - the felony is for those that we don't want to participate in the licensing and even the operation and even the participation of the Bingo Law. So, I would ask that this Amendment be defeated."
"The Gentleman has moved the adoption of Amendment #1... #2, I'm sorry. All in favor say 'aye', opposed say 'nay'. Mr. Johnson?"
"I just solved your problem, if there is a problem. He's right, and he does mostly, in Amendment #3, what I want to do, so we agree. I withdraw the Amendment."
"Amendment #2 is withdrawn. Further Amendments?"
"Floor Amendment #3, offered by Representative Giglio."
"The Gentleman from Cook on Amendment 3."
"I move for the adoption of Amendment #3 to House Bill 3300, and as long as we agree on #3, to leave the word 'felony' in there and after a 10-year period, they can come back, so I move for the adoption of Amendment #3."
"The Gentleman has moved the adoption of Floor Amendment #3. On that, is there any discussion? There being none, the question is, "Shall Amendment #3 be adopted? All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"Floor Amendment #4, offered by Representative Churchill." 284 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"The Gentleman from Lake on Amendment 4."
"Thank you, Madam Speaker. I feel like I have some sort of divine preconsciencel or something about this Amendment. The original Bill for the Las Vegas nights is an immediate effective date, and I put this Amendment in so that it would become effective on January 1 of 1987. I noticed by the front page of one of the local newspapers in the City of Chicago this morning that Cardinal Bernardine is questioning whether or not we should even have bingo or Las Vegas nights in the Catholic churches, and it sounds from the article as though he needs some additional time to try and determine how additional revenues will be raised in the event that bingo and Las Vegas nights are not permitted in the church. So, I think we ought to support Amendment #4 to give additional time to the Cardinal so he can figure out how to raise the additional funds they're going to lose when they don't use Las Vegas nights."
"The Gentleman has moved for the adoption of Floor Amendment 4. On that, is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Giglio."
"The... Amendment #4 says that the Act shall take effect on January 1, 1987. In the Bill itself on page three, line 32, it says that the Bill will take effect 60 days after signing, which gives the Department of Revenue enough time to implement all the necessary apparatus in order for the people to require the license and give them enough time. So the Amendment #4 is irrelevant, and I would ask for a 'no' vote on Amendment #4. It also would... Madam Speaker and Members of the House, it also would give the people an opportunity to have - if this Bill was to pass and signed by the Governor - it would give the people an opportunity to have a function this year. If this Amendment was adopted, they wouldn't be able to do anything this year. 285 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 and everything would start up next year. So, I would ask that this Amendment be defeated."
"Representative Churchill has moved the adoption of Amendment #4. On that, is there further discussion? The Chair recognizes the Gentleman from Cook, Representative McAuliffe."
"Well, Mr... Madam Speaker and Ladies and Gentlemen of the House, I would rise in opposition to Representative Churchill's Amendment. I don't talk to the Cardinal very often, and I find myself very seldom agreeing with anything he has to say, but I've talked to the principals of the schools in my districts and to the priests that run the... the churches and the grade schools, and there's a great need in my district, and I think in most of the districts in Chicago for the money that these Las Vegas nights bring in. I don't think we can afford to wait another year, and I would advise the Members to vote for the Bill in its present form without Amendment #4 and to disregard what the Cardinal had to say on this matter."
"Is there further discussion? The Gentleman from Cook, Representative Nash."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I agree with what Representative McAuliffe just stated. My district adjoins his, and I've talked to a lot of the principals that are waiting for this piece of legislation, and I urge a 'no' vote on this Amendment."
"Is there further discussion? The Lady from Cook, Representative Barnes."
"Thank you, Madam Speaker. I also rise to urge a 'no' vote against Amendment #4. It is my understanding Cardinal had another press conference this afternoon, and I think he has seen the light. We have found out that the Cardinal is human, just as we are. I urge a 'no' vote on 286 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 120th Legislative Day Amendment #4."
"The Gentleman from Lake, Representative Churchill, to close."
"Well, thank you, Madam Speaker. I think one of the previous speakers indicated that the Bill would take effect 60 days after the Bill was signed, should it be passed and laid on the Governor's desk. It's conceivable that the Bill could be passed and laid on the Governor's desk rapidly and could be enacted rapidly, and all this does is give some additional time so that the church has some time to think about this if this is the case. I would suggest that if the Cardinal does hold to the story in the paper this morning, that Las Vegas nights and bingo will not be continued in the church, that the additional revenue that will be lost from that will impose a greater hardship on the church, which, of course at this time, must be examining the liability insurance problem that it has and the cost of liability insurance, and I'm not sure that we want to saddle the church with the additional burden of revenue loss after all of the problems I'm sure it's having with its liability insurance. I'd ask for a favorable vote on Amendment #4.8
"The Gentleman has moved the adoption of Amendment 4. All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'nos' have it. The Amendment is lost. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 3518, Representative Cullerton. Mr. Clerk, read the Bill."
"House Bill 3518, a Bill for an Act to amend certain Acts in relation to horse racing. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?" 287 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment... Amendment #2 lost in Committee. Floor Amendment #3, offered by Representative Cullerton."
"The Gentleman from Cook on Amendment 3."
"Madam Speaker, can we take this out of the record for a few minutes?"
"Out of the record. House... On page 13 of the Calendar on the Order of Homeowners' Protection appears House Bill 2801, Representative Greiman. Mr. Clerk, read the Bill."
"House Bill 2801, a Bill for an Act to create the Illinois Homeowners' Emergency Assistance Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2, offered by Representative Black."
"The Chair recognizes the Gentleman from Vermilion, Representative Black, on Amendment #2."
"Thank you, Madam Speaker. I would like, at this time, to withdraw Amendment 2."
"Amendment 2 is withdrawn. Further Amendments?"
"Floor Amendment #3, offered by Representative Black."
"Representative Black."
"Madam Speaker, I would like to withdraw Amendment #3."
"The Gentleman withdraws Amendment 3. Further Amendments?"
"Floor Amendment #4, offered by Representative 288 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 120th Legislative Day Piel."
"The Gentleman from Cook, Representative Piel, on Amendment 4, withdraws Amendment 44. Further Amendments?"
"Floor Amendment #5, offered by Representative Greiman."
"The Gentleman from Cook, Representative Greiman, on Amendment 5."
"Thank you, Speaker. Amendment #5 is the... becomes the Bill and responds to some of the matters that were raised in Committee. The Bill is the Illinois Homeowners' Emergency Assistance Act. It provides for a method for people who are... recently impoverished and were homeowners, to find some way to pay their mortgage when they are in extremis. It is a... It only... Well, the Bill provides a very... a series of very tight criteria as to who is... for whom this is available, and it is not for a guy who is a deadbeat. Accordingly, in any event, it has limitations on it, and that's what this Amendment does. It will forestall a foreclosure only 35 days. The mortgage company is not impaired in going forward, and basically, that is the Bill. Thank you."
"The Gentleman has moved the adoption of Floor Amendment 5. On that, is there any discussion? The Chair recognizes the Gentleman from Marion, Representative Friedrich."
"The problem that this creates, Madam Speaker and Members of the House, is that mortgages are now bought and sold on the open market. Illinois mortgages can be bought and handled in California and vice versa. In fact, now there's almost a standard procedure with regard to title policies, closing statements, credit statements, everything else. I think this could result in taking away money to come to Illinois that would produce homes and houses 289 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 because the mortgage company will not come into an area where things are not standard, and this would be one reason they would not come, and I sympathize with what Representative Greiman is trying to do, but I will say that you may be actually undoing and causing a hardship on those people who might have money available from some other state, and Illinois money will be going somewhere else."
"Is there further discussion? There being none, the Gentleman from Cook, Representative Greiman, to close."
"Yes, thank you. Firstly, let me say that we have a letter from Jenny May' who is in the... market that says this kind of Bill will offer absolutely no impairment of any kind to the sale of mortgages in a secondary market, and justifiably so. We are delaying the enforcement of a mortgage 35 days. Now, there are states that have longer... much longer periods of redemption than we do. Our period of redemption, when I came in this Legislature, was two years. It's now six months. Now, if you think that 35 days in the front end is a terrible thing, well... to delay a lender from foreclosing. I think that's not an unreasonable thing to ask. Also, the argument that the Gentleman makes might be appropriate in Third Reading. This is just an Amendment to get my Bill in the appropriate shape. Thanks."
"The Gentleman has moved the adoption of Amendment 5 on House Bill 2801. All in favor say "aye", opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"Floor Amendment #6, offered by Representative Black."
"The Gentleman from Vermilion on Amendment 6."
"Thank you, Madam Speaker, Members of the House. I would like to offer at this time, Amendment #6 to House Bill 2801 290 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 with respect to the page and line numbers of Amendment #5 on page 22, line two by deleting '1994' and inserting in lieu thereof '1991'. By way of explanation, and I have talked to the Sponsor of this Bill some two weeks ago to ask if he would be amenable to a sunset clause. He indicated that he would. I think 1991 is a reasonable period of time in which to see the true impact of this Bill. I would like to vote for this Bill, but I need this Amendment if I am to be able to do so. I think it's a reasonable evaluation period, given the fact that all Members of this House are evaluated every two years, and I would... would urge your support of Amendment #6, and Madam Speaker, I would urge a Roll Call vote on that Amendment, please."
"The Gentleman has moved the adoption of Amendment #6. On that, is there further discussion? The Chair recognizes Representative Greiman. Representative Greiman. Representative Greiman. Representative Greiman, your light is on. Do you wish to speak to the Amendment?"
"Yes."
"Oh, I'm sorry."
"Yes. Yes, I wonder if the Gentleman would yield for a... for a question."
"He indicates he will."
"Now, Mr. Black, there is a sunset in the Bill now. Is Black: that right?" "Yes, Representative. I believe you placed one in there on your Amendment."
"Right. So that there is a sunset that would go to January 1 of 1994 now, which would mean roughly if it were... this Bill became law this year, it would be three... it would be what... seven years. Is that what is? And you feel instead, that it should be a four year 291 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Bill. Is that right?"
"Yes, Representative" May 21, 1986
"And why do you feel it should be four years?"
"As I recall, did you not vote to keep our terms at two years?"
"Well, I was hoping, Mr. Black, that your... in your virginal moments in this House, you would have a better answer than that one. Yes, my terms are two years. Is that the answer? Do you think everything should be two years because your term is two years?"
"Representative, in all due respect, I would like... "
"I mean, you might have said... Excuse me. You might have said... You might have said well there's a crisis now, and we can always extend it if we find, in 1991, my God, the crisis still goes on. You might have said that, and that would have been reasonable, and you might have said that we have a chance to look at these things and change them. You might have said that. But let's... I don't want to dilly-dally on that. Let me go on and ask you some more questions, then, if I might... just a couple. Did I hear you say correctly that if this Amendment were accepted, that you would support this Bill, that you believe this Bill to be a fair and reasonable Bill to protect homeowners in Illinois?"
"Mr. Greiman, as I told you at that time, when I asked if you would be amenable to this sunset provision with that language, and I thought we had an agreement, I said that I thought it was reasonable for my district very definitely, and I think it is a fair and reasonable Bill for my district. I do have some concerns about the fiscal impact of this, and I think a four year sunset provision is indeed, in your language, reasonable."
"Well, Mr. Black, to show you how reasonable I can be, I 292 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 think that I will agree to your Amendment so there will be four years, and when four years comes by, if it's working, you and I will Sponsor a Bill together and we'll... we'll extend it. How's that?"
"Mr. Greiman, I look forward to working with you four years from now. Thank you very much."
"... Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Oh, I'm sorry. There has apparently... The Gentleman from DuPage, Representative McCracken."
"Since Representative Greiman was good enough to accept the Amendment, I'll withdraw the fiscal note."
"Thank you. Third Reading. House Bill... House Bill 3518. Representative Cullerton, are you prepared? Thank you. The Gentleman from Cook, Representative Cullerton, on 3518. Mr. Clerk, read the Bill."
"House Bill 3518, a Bill for an Act to amend certain Acts in relation to horse racing. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment 2 lost in Committee. Floor Amendment #3, Cullerton."
"The Gentleman from Cook on Amendment 3.
"Thank you, Madam Speaker and Ladies and Gentlemen of the House. This Amendment, I believe, was agreed to. It was recommended in Committee. The Bill is intended to provide for security barns for... the way it reads now, it says horses can be kept in security barns for the period of time determined by the board. The agreement was, however, 293 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986 that they shall not be kept in security barns longer than five hours. So, the Amendment strikes the words, 'determined by the board', and inserts, 'shall not exceed five hours'. So they agreed to by the... at the request of the horsemen and agreed to by the Racing Board. I move for its adoption."
"The Gentleman has moved for the adoption of Amendment #3. And on that, is there any discussion? The Gentleman from Dewitt, Representative Vinson."
"Yes, Madam Speaker, Ladies and Gentlemen of the House. I rise in support of the Gentleman's Amendment."
"The Gentleman from Cook, Representative Cullerton, moves the adoption of Amendment 3. All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"Floor Amendment #4, offered by Representative Terzich."
"The Gentleman withdraws Amendment 4. Further Amendments?"
"No further Amendments."
"Third Reading. Ladies and Gentlemen of the Assembly, in order that the constitutional requirement that Bills be read a third time can be met, for the remaining Bills on the Order of Second Reading, Special Order of Business. we will recess and go into Perfunctory Session so that those Bills which appear on the Special Order of Call, Second Reading, can be read by the Clerk so that the requirements may be met. And on that, Representative Friedrich."
"Madam Chairman, the only question I would ask about, what about those Bills on Special Order that get amended and then would, without unanimous consent, have to be held 294 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day another day?"
"The... May 21, 1986 There is nothing to prevent, I'm being advised, that so long as a Bill is read a third time, there is nothing to prevent a Bill from being act... read... from being acted upon tomorrow. ... Bill that is... "
"If it's amended, Ma'am?"
"That's... That is the understanding that I've just been given, yes."
"Okay, I hope the Chair will rule that way tomorrow, because we do have one here that we want to get out."
"I do understand your concern. Representative Terzich."
"Madam Speaker, the Members of the Executive Committee are reminded that we have an 8:00 a.m. Committee meeting. That is going to be changed to 8:45 - 15 minutes before Session, and we only have one piece... one Resolution to address, and so that will be at 8:45 rather than 8:00 a.m. tomorrow morning. And that's for the Executive Committee, and I'm sure everyone's going to be in attendance."
"Representative Terzich... Representative Terzich, I understand that Room 1... 114 is set up for the Insurance Summit, and the Clerk has just requested that the Executive Committee meet in Room 118 instead."
"That's exactly right. Room 118."
"The Gentleman from DeWitt, Representative Vinson."
"Speaker, when was the Executive Committee notice issued for this meeting tomorrow?"
"Representative Vinson, it would be more appropriate to direct your question to Representative Terzich. The... Representative Terzich."
"Well, it was last week."
"And when was this Resolution posted for?" 295 120th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 21, 1986
"When was it posted for? For tomorrow morning at 8:00 a.m."
"No, when was the Resolution posted?"
"Beats the hell out of me."
"Was the Resolution posted last week?"
"Yes, it was."
"And is that the Resolution that deals with corporations producing... that's the one that was subject to the mistake last week? Is that correct?"
"That's correct."
"Okay, thank you."
"Is there any further discussion? The Chair recognizes the Gentleman from Cook, Representative Cullerton. Representative Cullerton, for the Adjournment."
"Yes, I move that we adjourn till the hour of 9:00 a.m., and leaving some time for Perfunct. Changing it to 9:30."
"Not yet. Representative Hastert."
"Madam Speaker, an inquiry of the Chair. I heard two things. 9:00 or is it 9:30?"
"Representative Cullerton was just about to restate his Motion, so we'll all be clear. Representative Cullerton."
"First of all, I want my Motion to include a Motion to continue all of the Special Orders until tomorrow, that were posted for today, and then I would like to move that we adjourn until the hour of 9:00 a.m., which is what I said earlier. Senator Brookins said 9:30. Senator Brookins can start at 9:30."
"Allowing time... allowing time for Perfunctory Session. The Gentleman has... The Gentleman has moved that allowing time for Perfunctory Session, that the Special Orders of Business are continued and that the House stand 296 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day adjourned until 9:00 a.m. tomorrow morning."
May 21, 1986 "Committee Reports. Committee on Rules has met and pursuant to Rule 29(c)-3, the following Bills have been ruled exempt on May 21, 1986: Senate Bills 233, 1492, 1517, 1521, 1558, 1570, 1601, 1614, 1632, 1662, 1673, 1705, 1706, 1799, 1837, 1845, 1852, 1856, 1858, 1862, 1937, 1942, 1951, 1988, 1993, 2035, 2087, 2100, 2105, 2136, 2142, 2177, 2196, 2198, 2212, 2274, 2283, 2285 2288 and 2302. Also referred to Rules Committee were the following Resolution which was reported back: House Joint Resolution 198, be adopted. Signed, John Matijevich, Chairman. Senate Bills First Reading. Senate Bill 1563, Kirkland, a aill for an Act to amend the Juvenile Court Act. First Reading of the Bill. Senate Bill 1564, Kirkland, a Bill for an Act to amend the Juvenile Court Act. First Reading of the Bill. Senate Bill 2173, McNamara and Churchill, a Bill for an Act to amend the Illinois Income Tax Act. First Reading of the Bill. House Bills Second Reading. House Bill... House Bill 768, a Bill for an Act to amend the School Code. Second Reading of the Bill. House Bill 1227, a Bill for an Act relating to the Department of Children and Family Services. Second Reading of the Bill. House Bill 1613, a Bill for an Act to amend an Act relating to the Department of Children and Family Services. Second Reading of the Bill. House Bill 1675, a Bill for an Act relating to the state collection of certain locally imposed taxes. Second Reading of the Bill. House Bill 2565, a Bill for an Act to amend the Illinois Marriage and Dissolution of Marriage Act. Second Reading of the Bill. House Bill 2717, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of the Bill. House Bill 2796, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of the Bill. House Bill 2796... was read previously. House Bill 297 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 2801, a Bill for an Act to create the Illinois Homeowners' Emergency Assistance Act. Second Reading of the Bill. That was read previously. House Bill 2825, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. House Bill 2898, a Bill for an Act to regulate procurement by State Government. Second Reading of the Bill. House Bill 3192, a Bill for an Act in relation to salvage vehicles. Second Reading of the Bill. House Bill 3205, a Bill for an Act to amend the School Code. Second Reading of the Bill. House Bill 3207, a Bill for an Act to limit the liability of certain persons who handle hazardous material. Second Reading of the Bill. House Bill 3214, a Bill for an Act to amend the School Code. Second Reading of the Bill. House Bill 3227, a Bill for an Act to amend the School Code. Second Reading of the Bill. House Bill 3228, a Bill for an Act to amend the School Code. Second Reading of the Bill. House Bill 3251, a Bill for an Act to amend the School Code. Second Reading of the Bill. House Bill 3300. That was read previously. House Bill 3302, a Bill for an Act relating to home repair fraud against the elderly. Second Reading of the Bill. House Bill 3305, a Bill for an Act to amend an Act in relation to sanitary districts. Second Reading of the Bill. House Bill 3306, a Bill for an Act to amend the Illinois Vehicle Code and an Act in relation to state finance. Second Reading of the Bill. House Bill 3328, a Bill for an Act in relation to accounts of state agencies. Second Reading of the Bill. House Bill 3351, a Bill for an Act to amend the School Code. Second Reading of the Bill. House Bill 3381, a Bill for an Act to amend an Act relating to home repair fraud. Second Reading of the Bill. House Bill 3449, a Bill for an Act to amend the Illinois Income Tax Act. Second Reading of the Bill. House Bill 3463, a Bill for an Act to amend 298 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day May 21, 1986 the Illinois Highway Code. Second Reading of the Bill. House Bill 3482, a Bill for an Act to amend the School Code. Second Reading of the Bill. House Bill 3484, a Bill for an Act in relation to the Advisory Boards, Committees and Commissions of State Government. Second Reading of the Bill. House Bill 3518. It's been read previously. House Bill 3567, a Bill for an Act in relation to community antenna television cable companies. Second Reading of the Bill. House Bill 3568, a Bill for an Act in relation to state employment. Second Reading of the Bill. House Bill 3598, a Bill for an Act to amend the Uniform Commercial Code. Second Reading of the Bill. The House will stand at ease. Further Bills on Second Reading. House Bill 1945, a Bill for an Act in relation to fees, license examinations and related aspects of the regulation of certain professions. Second Reading of the Bill. House Bill 2816, a Bill for an Act in relation to the habitation and education of autistic persons. Second Reading of the Bill. House Bill 3525, a Bill for an Act to amend the Cannabis Control Act. Second Reading of the Bill. House Bill 3570, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of the Bill. No further business. The House now stands adjourned." 299 1" 08/12/86 10:12 STATE OF ILLINOIS 84TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 21, 1986 PAGE 1 HB-0444 THIRD READING PAGE 116 HB-0562 THIRD READING PAGE 21 HB-0768 SECOND READING PAGE 297 HB-1043 THIRD READING PAGE 3 HB-1227 SECOND READING PAGE 201 HB-1227 SECOND READING PAGE 297 HB-1227 OUT OF RECORD PAGE 204 HB-1235 THIRD READING PAGE 127 HB-1613 SECOND READING PAGE 297 H3-1675 SECOND READING PAGE 297 HB-1695 THIRD READING PAGE 129 HB-1699 THIRD READING PAGE 24 HB-1945 SECOND READING PAGE 299 HB-2044 SECOND READING PAGE 223 HB-2279 SECOND READING PAGE 204 HE-2313 THIRD READING PAGE 4 HB-2409 SECOND READING PAGE 189 HB-2529 SECOND READING PAGE 242 HB-2549 THIRD READING PAGE 35 HB-2565 SECOND READING PAGE 297 HB-2578 THIRD READING PAGE 131 HB-2580 THIRD READING PAGE 140 HB-2582 THIRD READING PAGE 6 HB-2596 SECOND READING PAGE 197 HB-2599 RECALLED PAGE 7 HB-2599 THIRD READING PAGE 9 H3-2625 RECALLED PAGE 52 HB-2625 THIRD READING PAGE 58 HB-2709 THIRD READING PAGE 42 HB-2717 SECOND READING PAGE 297 H3-2734 SECOND READING PAGE 208 HB-2793 THIRD READING PAGE 175 HB-2796 SECOND READING PAGE 265 HB-2796 SECOND READING PAGE 297 HB-2801 SECOND READING PAGE 233 HB-2801 SECOND READING PAGE 298 HB-2816 SECOND READING PAGE 299 HB-2825 SECOND READING PAGE 298 -HB-2828 RECALLED PAGE 210 HB-2878 THIRD READING PAGE 140 HB-2879 RECALLED PAGE 48 HB-2879 THIRD READING PAGE 49 HB-2898 SECOND READING PAGE 298 HB-2900 THIRD READING PAGE 15 L HB-2913 THIRD READING PAGE 11 HB-2937 SECOND READING PAGE 27.3 HB-2947 SECOND READING PAGE 199 HB-2974 THIRD READING PAGE 141 HB-2975 THIRD READING PAGE 142 HB-2976 THIRD READING PAGE 143 HB-2978 THIRD READING PAGE 142 HB-2979 THIRD READING PAGE 143 HB-2980 THIRD READING PAGE 146 HB-2981 THIRD READING PAGE 146 HB-2982 THIRD READING PAGE 147 HB-2983 THIRD READING PAGE 147 HB-2984 THIRD READING PAGE 148 HB-2985 THIRD READING PAGE 148 HB-2986 THIRD READING PAGE 149 HB-2987 THIRD READING PAGE 150 HB-2988 THIRD READING PAGE 150 HB-2990 THIRD READING PAGE 151 HB-2991 THIRD READING PAGE 151 HB-2992 THIRD READING PAGE 152 HB-2994 THIRD READING PAGE 153 08/12/86 10:12 STATE OF ILLINOIS 84TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 21, 1986 PAGE 2 HB-2995 THIRD READING PAGE 153 HB-2996 RECALLED PAGE 59 HB-2996 THIRD READING PAGE 62 HB-2997 RECALLED PAGE 63 HB-2997 THIRD READING PAGE 65 HB-2998 THIRD READING PAGE 154 HB-2999 RECALLED PAGE 66 HB-2999 THIRD READING PAGE 67 HB-3000 THIRD READING PAGE 155 HB-3001 RECALLED PAGE 68 HB-3001 THIRD READING PAGE 74 HB-3002 THIRD READING PAGE 156 HB-3003 THIRD READING PAGE 156 HB-3004 THIRD READING PAGE 157 HB-3005 THIRD READING PAGE 157 HB-3006 THIRD READING PAGE 158 HB-3018 SECOND READING PAGE 214 HB-3022 SECOND READING PAGE 277 HB-3032 SECOND READING PAGE 275 HB-3035 THIRD READING PAGE 158 HB-3036 RECALLED PAGE 183 HB-3036 THIRD READING PAGE 185 HB-3050 THIRD READING PAGE 159 HB-3090 THIRD READING PAGE 170 HB-3091 RECALLED PAGE 75 HB-3091 THIRD READING PAGE 89 HB-3092 THIRD READING PAGE 170 HB-3115 THIRD READING PAGE 50 HB-3162 SECOND READING PAGE 235 HB-3165 RECALLED PAGE 106 HB-3175 RECALLED PAGE 211 HB-3192 SECOND READING PAGE 298 HB-3200 SECOND READING PAGE 229 HB-3205 SECOND READING PAGE 298 HB-3207 SECOND READING PAGE 298 HB-3214 SECOND READING PAGE 298 HB-3222 SECOND READING PAGE 238 HB-3227 SECOND READING PAGE 298 HB-3228 SECOND READING PAGE 298 HB-3251 SECOND READING PAGE 298 HB-3255 THIRD READING PAGE 172 HB-3257 THIRD READING PAGE 173 HB-3271 SECOND READING PAGE 257 HB-3290 SECOND READING PAGE 239 HB-3300 SECOND READING PAGE 283 HB-3302 SECOND READING PAGE 298 HB-3305 SECOND READING PAGE 298 HB-3306 SECOND READING PAGE 298 HB-3328 SECOND READING PAGE 298 HB-3343 THIRD READING PAGE 174 HB-3351 SECOND READING PAGE 298 HB-3381 SECOND READING PAGE 298 HB-3394 SECOND READING PAGE 259 HB-3394 SECOND READING PAGE 264 HB-3396 SECOND READING PAGE 281 HB-3422 SECOND READING PAGE 232 HB-3449 SECOND READING PAGE 298 HB-3463 SECOND READING PAGE 298 HB-3482 SECOND READING PAGE 299 HB-3484 SECOND READING PAGE 299 HB-3518 SECOND READING PAGE 267 HB-3518 SECOND READING PAGE 293 HB-3518 OUT OF RECORD PAGE 288 HB-3525 SECOND READING PAGE 299 HB-3528 THIRD READING PAGE 2 08/12/86 10:12 STATE OF ILLINOIS 84TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 21, 1986 PAGE 3 HB-3551 SECOND READING PAGE 242 HB-3552 SECOND READING PAGE 240 HB-3555 SECOND READING PAGE 241 HB-3567 SECOND READING PAGE 299 HB-3568 SECOND READING PAGE 299 HB-3570 SECOND READING PAGE 299 HB-3573 SECOND READING PAGE 259 HB-3574 RECALLED PAGE 234 HB-3575 SECOND READING PAGE 242 HB-3583 THIRD READING PAGE 182 HB-3591 RECALLED PAGE 262 HB-3598 SECOND READING PAGE 299 HB-3606 SECOND READING PAGE 206 HB-3619 SECOND READING PAGE 233 SB-1563 FIRST READING PAGE 297 SB-1564 FIRST READING PAGE 297 SB-2173 FIRST READING PAGE 297 HR-0998 RESOLUTION OFFERED PAGE 90 SUBJECT MATTER HOUSE TO ORDER PAGE 1 SPEAKER MCPIKE IN CHAIR PAGE 1 PRAYER PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 1 AGREED RESOLUTIONS PAGE 2 SPEAKER BRESLIN IN CHAIR PAGE 2 SPEAKER GREIMAN IN CHAIR PAGE 48 SPEAKER GIGLIO IN CHAIR PAGE 74 SPEAKER PANGLE IN CHAIR PAGE 90 SPEAKER GIGLIO IN CHAIR PAGE 94 MEMORIAL DAY PAGE 94 SPEAKER MCPIKE IN CHAIR PAGE 106 ADJOURNMENT PAGE 297 PERFUNCTORY SESSION PAGE 297 COMMITTEE REPORTS PAGE 297 PERFUNCTORY SESSION AD JOURNMENT PAGE 299