"The hour of 9:00 having arrived, the House will be in Session. Members will be at their chair. The Chaplain for today will be the Reverend Doctor Roger Rominger, Pastor, First United Methodist Church of Springfield. Dr. Rominger is the guest of Representative Karen Hasara. The guests in the gallery may wish to rise and join us for the invocation. Doctor."
"Let us bow our heads together. Dear Lord God, Creator of Heaven and Earth. This morning we confess our sins and ask You to have mercy on us. We praise You for Your greatness and power and the holiness of Your name. We ask for the vision that You have and the dream that You have for this world. We pray that You will guide us by Your Spirit. Help us in our families, in our relationships with our spouses and children and parents. Give us strength, give us understanding, keep us humble, fill us with love and compassion. Help us to be learners of what You have to say to us and of what people's needs are as they express them to us. Help us to be strong and be able to do the work that You've called us to do. And the opportunities that we have, help us to grasp them and to labor for You and for the welfare of humanity. Amen."
"Thank you very much."
"You're welcome."
"The Gentleman from McLean, Mr. Ropp, to lead us in the Pledge to the flag."
"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. Mr. Clerk... Mr. Matijevich, are there any absences on the Democratic side?" 1 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"None on this side. Mr. Speaker."
May 14, 1987 "Mr. McCracken, do you have any excused absences on the Republican side? Perhaps you can tell us how Mr. Tuerk is doing, if you know."
"He's doing very well."
"Great. We're all pleased to hear that."
"So it's Representative Tuerk and Representative Cowlishaw, excused absences."
"Thank you. Let the records so reflect, Mr. Clerk. Take the record. 115... 116 Members having answered to the Call of the Quorum, a Quorum is present. Agreed Resolutions, Mr. Clerk."
"House Resolution 375, offered by Representative De Jaegher; 376, DeJaegher; 377, DeJaegher; 378, DeJaegher; 379, Rea; 380, Piel and Giglio; 381, Tate; 382, Breslin; 383, Breslin; 385, Brunsvold; 386, Matijevich; and 387, Stephens."
"The Gentleman from Lake, Mr. Matijevich."
"Mr. Speaker, Ladies and Gentlemen of the House. These are all Resolutions of the congratulatory type and I move the adoption of the Agreed Resolutions."
"The Gentleman from Lake moves for the adoption of the Agreed Resolutions. Those in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Resolutions are adopted. General Resolutions."
"House Joint Resolution 73, Rea, and House Joint Resolution 74, O'Connell."
"Committee on Assignment. On page 3 of the Calendar, Special Order of Business, House Bills Second Reading, Government Administration, and on that Order appears House Bill 80. Mr. Cullerton is not in the chamber. Out of the record. On that Order of Call appears House Bill 308. Out of the record. And on that Order 2 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 appears House Bill 320. Out of the record. On that Order of Business appears House Bill 497. Out of the record. On that Order of Business appears House Bill 678. Out of the record. And on that Order of Business appears House Bill 805. Mr. Hannig, do you wish to proceed? Mr. Clerk. Out of the record. And on that Order appears House Bill 815. Out of the record. And 851, out of the record. 989 is out of the record. 1684, out of the record. Ms. Satterthwaite, we had just called House Bill 320 on the Order of Second Reading. I wondered whether you wanted to pursue that. Alright. Out of the record. Now, on page 4 of the Calendar on that Order of Business appears House Bill 2624. Mr. Terzich? 2624. Alright. So that will be out of the record and 2768. Out of the record. And 2810. Mr. Clerk, read the Bill."
"House Bill 2810, a Bill for an Act in relation to the powers of the Capital Development Board. Second Reading of the Bill. Amendment #2 was adopted in Committee."
"Are there any Motions with respect to Amendment #2?"
"There are no Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #3 is being offered by Representative Churchill."
"The Gentleman from Lake, Mr. Churchill on Amendment #3."
"Leave to withdraw Amendment #3."
"#3 is withdrawn. Further Amendments?"
"Floor Amendment #4 is being offered by Representative Churchill."
"The Gentleman from Lake, Mr. Churchill on Amendment #4." 3 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Churchil1: "Thank you, Mr. Speaker. May 14, 1987 Amendment #4 adds a portion to the Capital Development Board language in the Statutes which would allow for any litigation expenses that are recovered from a judgement, to go into the fund for General Obligation Bond retirement. I would ask for its adoption."
"The Gentleman from Lake moves for the adoption of Amendment #4 to House Bill 2810, and on that, the Gentleman from Cook, Mr. Young, at Mr. Cullerton's desk."
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"He indicates he will yield for questions."
"Does this Amendment do anything else, Representative?"
"I believe the original portions of it were in the... were in the Bill. The total thing allows for... condemnation by the Capital Development Board. It alloWS for the power to subpoena. It allows for the Board to set regulations and rules for the pre-qualification or qualifications of architects, engineers, or contractors and for the suspension of same, and then adds... I believe the Amendment... all the Amendment does is add the language that puts the litigation expenses that are recovered into the fund. I think that's the... that's probably the total Bill when you get done with the thing."
"Does it make any changes in authority?"
"Other than what I've just mentioned, I do not believe it does."
"I have a note that says it gives authority to the Board rather than to the Director, regarding eminent domain rights."
"The portion of the language, which I read on condemnation, does read 'The Capital Development Board is authorized, with the consent, in writing, of the Governor, to acquire by condemnation.' And that's what it reads."
"Okay. Isn't it the Director who does that right now?" 4 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
May 14, 1987 "I really don't... I don't know the answer to that."
"Okay. I was just trying to determine whether it was your intention to take the power from the Director and give it to the Board, because that's what this Amendment appears to do."
"If the power is presently with the Director, then that would be a change under this law, and if the power... if the Board presently has that power, then this would just continue the power. Unfortunately, I don't know the answer to that question."
"Could you take this out of the record just for a minute so we could determine whether... "
"I'd be most happy to take it out of the record."
"Alright. House Bill 2810 is out of the record. Mr. Bowman, for what purpose do you seek recognition this morning?"
"Thank you, Mr. Speaker. Two days ago the Republicans objected to one of my Bills being on the Consent Calendar, 1811. I have since discussed this with the other side of the aisle, and my understanding is that they have removed their objections to House Bill 1811. I would like to ask leave to have 1811 returned to the regular Consent Calendar, Order of Third Reading, from which it was previously removed. I believe Mr. McCracken will support my statement."
"What was the Bill number, Mr. Bowman?"
"House Bill 1811."
"The Gentleman asks leave of the House to return House Bill 1811 to the Consent Calendar, Order of Third Reading, First Day. Is there leave to use the Attendance Roll Call, Mr. McCracken? Is there leave? Leave is granted."
"Thank you. And, Mr. Speaker, just one other small 5 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day item."
May 14, 1987 "Proceed, Mr. Bowman, on your agenda." "On... since we had been discussing House Bill 2810, I just would like to observe that the word "Capitol' is misspelled and perhaps the Clerk may wish to correct that. Thank you."
Mr. Speaker Greiman: "Thank you, Bowman. Continuing on this Special Order, House Bills, Government Administration Third Reading on page 4 of the Calendar appears House Bill 41. Mr. Levin. Not in the chamber. Out of the record. On that Order of Business appears House Bill 577. Mr. Clerk, read the Bill."
"House Bill 577, a Bill for an Act to amend the Illinois Administrative Procedure Act. the Bill." Third Reading of
"The Lady from Cook, Ms. Wojcik, on House Bill 577."
"Yes, Mr. Speaker, Members of the House. I presented this Bill yesterday and took it out of the record and I believe that Representative Young has been satisfied with his question. What this Bill does, it permits the state agency to issue a declatory (sic - declaratory) ruling as to whether compliance with a federal rule will satisfy the purposes and provisions of the state agency's similar applicable rule. I think his question was, 'Is there an appeal procedure?' and the answer is, 'No.'"
"The Lady from Cook, Ms. Wojcik, moves for the passage of House Bill 577, and on that, the Gentleman from Cook, Mr. Young, at Mr. Cullerton's desk."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates she will, for questions."
"Don't you think it would be a good idea to outline exactly what steps someone should take if there is a 6 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 decision from the state that they don't agree with SO it will be clear what they should do next?"
"Under the declaratory rulings there is no appeal on agencies."
"But if there's a... this is a situation where we're talking about an overlap between federal and state. Is that correct?"
"Correct."
"And you're saying if there's a ruling that the state applies. rather than the federal, there's no appeal from that?"
"That would be considered a declaratory ruling, and as current law is SO stated now, there is no ruling. No appeal, I'm sorry, no appeal. That's the way it's been, and that's the current status now. So, to outline probably does not benefit the situation."
"Okay. Thank you."
"You're welcome."
"Further discussion? The Gentleman from DuPage, Mr. McCracken."
"Thank you, Mr. Speaker. I was just going to say that what this Bill does is allow the state to declare in a declaratory ruling, or declaratory judgment, that a federal regulation satisfies a state regulation. I don't see any other Amendment to the Administrative Procedure Act in this Bill. Therefore, I believe that the other provisions of the Administrative Procedure Act, which dictate the right of appeal from an administrative ruling to the Circuit Court on issues of law and whether there was evidence sufficient to support the administrative finding, is left intact. So, I don't anticipate any problem along those lines."
"Further discussion? The Lady from Cook, Ms. 7 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 Wojcik, to close."
"I would just ask for its favorable passage. Thank you."
"The question is, 'Shall this Bill pass?' All those in favor signify by voting 'aye'. Those opposed vote 'no'. Voting is 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 113 voting 'aye', 1 voting 'no', none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of House Bills Third Reading, appears House Bill 844. Out of the record. On the Order of House Bills Third Reading, on this Order appears House Bill 941. Out of the record. On the Order of House Bills Third Reading, appears House Bill 1063. Out of the record. 1064 out of the record. On the Order... this Order of Business appears House Bill 1068, Mr. Leverenz. Out of the record. On this Order of Business appears House Bill 1377. Ms. Frederick? That's out of the record. Mr. Matijevich in the Chair."
"On page 4 of the Calendar is House Bill 1411. The Gentleman from Cook, Representative Greiman."
"House Bill 1411, a Bill for an Act to amend the Revenue Act. Third Reading of the Bill."
"The Gentleman from Cook, Representative Greiman."
"Thank you, Speaker, Ladies and Gentlemen of the House. This Bill is part of a package of Bills which are being developed to address the problem of delinquent tax property and the misuse of those properties and the disrepair, lack of maintenance in those kind of properties. What happens today, is a piece of property goes... the taxes are unpaid. We pay our taxes a year behind in any event, so that's one year. By the time the tax sale occurs, it's another year. 8 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 By the time it goes on the tax roll... on a Tax Scavenger Act, it's five years. If there's been a fore... no purchase of an annual tax sale, the taxes may go for as long as seven or eight years. Unpaid. At that time, the owner of that property has a free ride. He gets police protection, he gets fire protection and there are no incentives for him to keep the building maintained, because he knows down the line... down the line he'll lose it. So, it is for buildings that are owned by people unwilling to pay their fair share and their burden in our society. So this is a Bill which provides for methods of encouraging people who buy at these tax sales, after a shortened period, to come in and rehab and have an abatement for what they put into the building so that people who want to develop this kind of property are encouraged to come in and make these properties livable, habitable places. Now, there... Amendments have been added to encourage people in the areas that these buildings are located into being the developers. I think that's self-help in our society, is a very significant factor. This Bill, and the others that will be part of this package, including a Constitutional Amendment, are extremely important to rebuilding the housing stock in Illinois cities, and I would ask your favorable vote."
"The Gentleman from Cook, Representative Greiman, has moved for the passage of House Bill 1411, and on that the Gentleman from Livingston, Representative Ewing."
"Mr. Speaker, I wonder if the Sponsor would yield."
"He indicates he will. Proceed."
"Alan, you're saying with this Bill, then, that the property is sold. And then, does the municipality and the city have the right to abate that past property tax to the 9 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 46th Legislative Day new...?"
"No. It's for amounts of money that are put into rehab it. In other words, when the sale comes up... comes about. the taxes are rolled into that tax sale, so they would be gone in any event. Now, the new owner is there, has purchased the tax sale, wants to rehab, and so he rehabs the building and takes the credit on those taxes."
"Okay."
"Only up to the amount, though, that he's put into the building."
"Yes. It has to do with rehab. But, I got the idea that you were shortening the cycle on... maybe it does that... shortening the cycle on the tax sale, so that the buyer could get control of it so it could be rehabbed. Is that correct?"
"Yes. I don't recall whether it's this Bill or the other Bill that does that. It's this one, as well as the Constitutional Amendment, that will be necessary to reduce the Scavenger Act, period. Yes."
"Okay."
"In other words, it reduces... it will reduce it, hopefully, to as... it could be as little as six months. Now, this is only limited to buildings which are six flats, or above, or industrial/commercial property. We're not talking about someone's home being on this kind of fast track rehab program."
"Right. I'm not opposed to this..."
"I know. I know. Yes."
"...I'm just trying to understand it, and my analysis just talks about the rebate, doesn't talk about changing, on this Bill, doesn't talk about changing the time period for repossessing or..."
"Well, the problem is that we have a Constitutional 10 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Amendment we have to pass, and then, we legislation to respond to that."
"Alright."
"So..." May 14, 1987 have to do
"So, this is in conjunction with the proposed Constitutional Amendment."
"Yes. Yes, it is."
"Thank you."
"The Gentleman from Lake, Representative Churchill. Robert Churchill."
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"He indicates he will. Proceed."
"Representative Greiman, would you go through with me the requirements, again, on what buildings are included in this program?"
"Yes. The buildings that would be subject to this... these kinds of abatements and these kinds of programs would be, basically, six flats and above. It's that kind of property that are aimed at. It could be done with industrial/commercial property, as well, where there's been a scavenger sale, but the aim is to do it with residential property."
"Okay. So that's the requirement for the property. Then the property must have gone through a tax sale. Is that correct?"
"Yes."
"Okay. And then a new person comes in and wants to rehab the property and the monies that they expend in the rehab, then, are a credit, is that what you are saying, against taxation?"
"Yes."
"Explain that... explain how that credit will work, please." 11 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"Up to the amount... up to the amount that they invested. And over a period of up to 10 years."
"Okay, so, if they invested $100,000.00, but their... and their tax bill is $2,000.00 a year, basically, for 10 years they don't pay any taxes?"
"They would have a credit up to that point, but, the... it would be unusual to find where you would put $100,000.00 into a building that you would have $2,000.00 taxes. In other words, the improvement would be... would increase the value of the property."
"Okay. So that the... the assessment... we don't do anything with the assessment of the property, then."
"Right."
"So, the minute you put the $100,000.00 in, the assessor comes out, he reads on the building permit..."
"Essentially, yes, I think that's right."
"... he jacks up your assessment, and then you start paying taxes on the $100,000.00 improvement..."
"Right. Right."
"... but if the tax bill went from say $2,000.00 to say $5,000.00, but you had put $100,000.00 in, over a 10 year period, you really still don't pay any taxes, is what it comes out to."
"You could be... yes, that's right. It could be abated to that point. Yes."
"Okay. So then, have you... have you figured out whether or not this is going to be a cost to the local taxing districts?"
"Right now... they're... well, when it's first... but right now they're not getting anything. You know, they're getting nothing, plus they're not... they're getting property which is being... which is falling more into disrepair and less inhabitable." 12 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Churchil1: "I see. May 14, 1987 Well, it sounds like an ingenious program. and I guess I... I hope it works. It's one of those things where you're not going to be assured what's going to happen until after you've seen it in... in process for a couple of years, and all I can say is, let's keep our fingers crossed and hope it works."
"Thank you."
"Representative Greiman to close. Greiman. Representative Greiman to close."
"Thank you, Speaker. I think probably nothing could be added. I agree with Mr. Churchill. I think it is a bold proposal and if we go through the urban areas of our state, we understand the need for some bold proposals to bring back our housing stock so that all of our citizens can live in good, habitable homes. Thank you."
"Representative Greiman has moved for the passage of House Bill 1411. Those in favor will signify by voting 'aye. Those opposed by voting 'no". This is final reading, Third Reading. Have all voted? Have all voted who wish? The Clerk wil1 take the record. On this question there are 106 'ayes', no 'nays, none answering *present', and House Bill 1411, having received the Constitutional Majority, is hereby declared passed. House Bill 1412. The Clerk will read the Bill."
"House Bill 1412, a Bill for an Act to amend the Revenue Act. Third Reading of the Bill."
"The Gentleman from Cook, Representative Greiman, on House Bill 1412."
"Thank you, Mr. Speaker. This Bill is also part of this package. What happens currently is, after the tax sale, the properties are allowed to go further into... into disrepair because now the owner knows for sure he's going to lose that property. Before he wasn't sure. Now he 13 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 knows for sure, and he couldn't give a damn about what happens there. So not only will he not pay his taxes, he will not do anything. It's those situations where we have the lights being turned off. The electric going. The gas off. Porches unfixed. Dangerous conditions abound on this kind of property. So this provides for allowance of the appointment of receivers during the pendancy of the tax proceedings, so that... so that where there would be buildings there would be a possibility for other people, in the public interest, to come in and straighten those buildings out. And, it is part of the package and I would ask for its acceptance, as well. It prevents them, for example: what happens very often is the buildings, during this period, are stripped, so that a building, let's say a six-flat or a twelve-flat, that maybe needs $100,000.00, if it's stripped, nobody is watching it. Suddenly it needs double that because it has been cannibalized and is destroyed. So this, hopefully, will stop that kind of practice, and I commend it to your good judgment."
"The Gentleman from Cook, Representative Greiman, has moved for the passage of House Bill 1412, and on that the Gentleman from Lake, Representative Churchill."
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"He indicates he will. Proceed."
"Representative Greiman, would you go through with me how the appointment of the receiver is going to be put into place?"
"Yes. Well, presently courts can do that. The problem is that, and if you will look at the... page 2 of the Bill, what it does, it adds that violations of local building and health and safety codes, which are dangerous and hazardous, are grounds for it when taxes are delinquent. So, what it does, it ties up, for the first time, the tax delinquency 14 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 with the hazardous condition of the building. Those two are tied together, which is basically was... previously they could apparently... they had troubles, apparently, in having a receiver appointed where those... where just one of those conditions was available. Now, that they're both there, you can get a receiver."
"So, in other words, if a petitioner went before the court, now, and said a building was in a hazardous condition, then would the court grant a receivership, or not?"
"Yes."
"Okay. So, there is... I guess what I'm getting at... Is there a remedy current today without this Bill that would allow for the appointment of a receiver to do this?"
"Well. Well, I suppose that the court could do it under, maybe under its equitable powers, but this makes it quite clear that the court doesn't have to rely on it some kind of equitable powers, but can address it very specifically on a Statutory right."
"And then... so then you're creating a new right for a receivership if the taxes have been unpaid and if there is a hazardous condition in the building. And that's... those are the two grounds for the receiver."
"Right. Right."
"Then during the period of the receivership, does the receiver pay taxes on the building?"
"I would assume the receiver has to do whatever has to be done on it."
"And then, the receiver would collect rents, if that was possible, and perform the normal functions..."
"... of a receiver, yes."
"... of the receiver."
"... to try and save the building. I mean, I suppose, 15 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Representative Churchill, that's a kind of judgmental thing that a receiver does, if it, for example, is a small building, the receiver would probably not do a great deal. He wouldn't have receiver certificates, and he wouldn't go into a rehab process, obviously, but he might in a large complex, I suppose. That would be possible. No likely, but possible. Receivers could do that in mortgage foreclosures. They could issue receiver certificates and do it. I don't envision that happening in this kind of property and this kind of receivership, but they would always, of course, be enforced by the circuit court."
"Okay. Then, would you go through with me the portion of the Bill where you're giving a new right to certain organizations to be petitioners in the cause?"
"Yes. Yes, that was the Amendment suggested by Representative Young. Now, that's a situation where the city or county has actually bought in at the sale. Most of our communities and our counties don't buy in at sales. They can. They can bid the amount of the taxes if they wish to. It's not a... it's not a traditional thing for them to get into. But if they do... if they do, then there is a desire to try and tie the development, or redevelopment. of these properties to, sort of, the home folks. The idea that if tenants can get together and rehab it, that's good. That if... if block groups. community groups can do it, that's good. So, people have a right to develop their own housing stock, and it's a judgment, Representative Young felt strongly about it, and the Amendment was adopted."
"And then would you explain, very briefly, the right of first refusals. Just... I think I want you to get these things on the record because..."
"No. I understand. Of course." 16 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Churchi11: "... these are somewhat complicated Bills..."
"Of course."
"... very complicated Bills, and I..."
"They are complicated, indeed. And that's why I say, these would be... this right of first refusal, they would have to... the county or municipality would have to offer it to a group with some kind of notice, posting it on the property, publishing a notice in a newspaper of general circulation, and they would, then, fulfill their requirements and obligations. Again, I... I think this is... as often happens, you know. this is a small part of this Bill, and a small part of the package. What happens, I don't expect to be used a great deal simply because most of the governmental bodies don't buy in, don't bid their taxes in, because they don't want, you know, they don't want to have the issue of... the issue of... of owning slums... Cook County doesn't want to be a slum owner, you know, it's that kind of thing. They'd rather have it developed. So, most of these Bills will be done through the regular tax sale, but it will give the option to communities to say, "We can't get developers to come in, so we're going to bid in ourselves, and then we're going to sell it and we're going to hold it for others to develop for a while.. But we're certainly going to take that and cut off the rights of that owner, who is really gouging the public, usually. I think it gives... what it does, it gives an additional option to the government and to handle this property... this kind of property."
"I have no further questions. I... these are very complicated issues. I hope that they will succeed. I know that you will be a member of the judiciary by the time that we have a chance to look back and see whether or not these are good ideas or not good ideas, and so, perhaps the 17 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 people who succeed you will join with me in reexamining these, a few years down the line, to see if they really have done what you have requested."
"Ι... my whereabouts... my future whereabouts are unknown, but thanks anyhow. I will, indeed. Thanks, Bob. I'd ask for its adoption."
"The... Judge Greiman to close."
"You've just closed for me."
"The Gentleman has moved for the passage of House Bill 1412. Those in favor signify by voting 'aye", those opposed by voting 'no'. Have all voted? Have all voted? Have all voted who wish? The Clerk will take the record. On this question there are 112 'ayes', no 'nays', none answering 'present'. House Bill 1412, having received the Constitutional Majority, is hereby declared passed. And now. Representative Greiman in the Chair."
"Let the record reflect that Representative Matijevich voted "aye on House Bills 1411 and 1412. And on the... this Order of Business appears House Bill 1512, Mr. Clerk, read the Bill."
"House Bill 1512, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of the Bill."
"The Gentleman from Morgan. Mr. Ryder."
"Thank you, Mr. Speaker. Before I begin, I would wish to address a question to the Chair. I'm becoming confused as to the manner to which we should address you. Is it 'Your Honor', 'Representative', 'Your Chairmanship', 'Mr. Speakership'. How should we address you? And thus be recognized?"
"At this ... moment, Mr. Speaker is just fine. Proceed, Sir."
"Mr. Speaker, Ladies and Gentlemen of the House. This Bill amends the Vehicle Code to permissively allow the 18 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Secretary of State to issue special plates to retired Members of the United States Armed Forces, and I ask for the passage."
"The Gentleman from Morgan moves for the passage of House Bill 1512, and on that is there any discussion? There being none, the question is, 'Shall this Bill... I'm sorry, Mr... the Gentleman from Cook, Mr. Young."
"Will the Sponsor yield?"
"He indicates he will yield for questions."
"Do you know the position of the Secretary of State on this Bill?"
"The Secretary of State has not indicated any position to me. Although, the constituent that made this request has been in contact with the Secretary of State's office and I happen to have a letter here, signed by none other than, I think his name is Edgar, that name sounds familiar, that indicating that in the event that the Legislature wished to take it upon themselves to make that suggestion, that he would see that the Secretary of State's office could cooperate. I may have that letter in jest... how... the quote from the letter of Jan... from Jim Edgar says, 'However, should the Legislature take this issue under advisement, I will give your proposal serious consideration.' And there is a series of correspondence between my constituent and Mr. Edgar."
"Do you know how many special plates we have right now?"
"Several. Quite a few."
"Thank you."
"The Gentleman from Macoupin, Mr. Hannig."
"Yes. Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will yield for questions."
"Just briefly, Tom, a few years ago I had a Bill for license plates for volunteer firemen. At that point the 19 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Secretary of State said that he was opposed to any additional special plates. Do you know if he has changed that position since then?"
"Representative, I don't know. The Secretary hasn't indicated to me. He may very well be opposed to this at this point, but the letter indicated, I think, a courteous response to the constituent on this particular Bill, and on this particular idea, and I take the Secretary at his word."
"Okay. Thank you."
"The Gentleman from Morgan to close."
"Thank you, Mr. Speaker. I would indicate to the... to the Assembly that in order to qualify as a retired member of the armed services, you are required to put in 20 years, you are still subject to callback, and these Bills would... or these license plates would not be free. They would be at the same cost and charge that we all have and I would urge a favorable passage of this Bill. Thank you, Mr. Speaker."
"The question is, 'Shall House Bill 1512 pass?' All those in favor signify by voting 'aye'. Those opposed vote 'no'. Voting is open and this is final action. 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 96 voting 'aye', 12 voting 'no', 2 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On this... Let the record show that Mr. Peterson, the Gentleman from Lake, is voting 'aye' on this Bill. On this Order of Business appears House Bill 1908. Mr. Terzich, do you wish this Bill read? Out of the record. On this Order of Business on page 5 of the Calendar appears House Bill 2004. Mr. Clerk, read the Bill." 20 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"House Bill 2004, a Bill for an Act to amend the Open Meetings Act. Third Reading of the Bill."
"The Gentleman from Morgan, Mr. Ryder, on House Bill 2004."
"Out of the record, please."
"Out of the record. Alright. On this Order appears House Bill 2... 2030. Out of the record. And on this Order appears House Bill 2034. Out of the record. 2415. Mr. Levin, did you wish to proceed with 2415? Out of the record. Alright. On this Order appears House Bill 2437. Out of the record. And 2817. Mr. Clerk, read the Bill."
"House Bill 2817, a Bill for an Act to amend the Civil Administrative Code of Illinois. Third Reading of the Bill."
"The Gentleman from DuPage, Mr. McCracken."
"Thank you, Mr. Speaker. This amends the Civil Administrative Code, redefines local tourism and convention bureaus eligible for DCCA grants to include those with a volunteer staff as well as those with at least one or more employees, and I move its passage."
"The Gentleman from DuPage, Mr. McCracken, moves for the passage of House Bill 2817, and on that, is there any discussion? The Gentleman from Cook, Mr. Young."
"Will the Sponsor yield?"
"Yes."
"I have a note here that says, "Who is this for?""
"It's for any local tourism and convention bureau that has volunteers and not paid employees."
"Do you know of any?"
"I don't personally know of any."
"Is it possible that there might not be any?"
"No, I doubt that. I suspect there are some." 21 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Do you think that they want this?"
"I assume that's how I got the Bill."
"I May 14, 1987 guess that's what I'm trying to get at is how you got the Bill, or who the promoters of this Bill are."
"Well, it was just assigned to me, but I assume it was assigned for the purpose of passing it."
"Mr. Young, have you concluded?"
"No.
"Alright, proceed, Sir."
"I just wonder at the wisdom of passing a Bill when we don't know who wants it and who's it for, actually, what it does. No further. Thank you."
"The Lady from LaSalle, Ms. Breslin."
"Thank you, Mr. Speaker. Question of the Sponsor, please."
"He will yield for questions."
"Representative McCracken, I'm concerned that Representative Anthony Young didn't get an answer to his question. The question put is, 'Who wants this Bill?' I think this Membership is entitled to know. Who wants this Bill?"
"I assume it's the DuPage Tourism Bureau."
"Thank you."
"The Gentleman from Cook, Mr. Parke."
"Thank you, Mr. Speaker. I believe that this Bill... a similar Bill to this was brought up in Committee and was defeated and I think I spoke against this Bill, and I'm going to speak against it again because, if you have a volunteer staff that is not a paid staff, and you're going to be giving money to them, what in essence are you doing is that you're not holding them accountable, by virtue of a job, and I think that there could be an opportunity for people who do not have their jobs on the line to not 22 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 properly handle funds. If there's no accountability by virtue of employment, I question whether or not the state should be giving those people money. I don't think this is a good precedent and I will vote against it."
"The Gentleman from Saline, Mr. Phelps."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative McCracken, can you tell me, with the new structure here that you encourage in this Bill, how much of an area will a bureau cover, have responsibility for? So many thousand people, so many counties, or...?"
"You mean... you mean this one?"
"Or any other such... if you're not talking about a single bureau, are we talking about restructuring the tourism councils and the bureaus throughout the state? Or are we talking about just this one particular bureau?"
"No. No. This would apply throughout the state."
"Okay. So how many does it...."
"I don't... I don't know if there are any more than this one that was brought to my attention."
"Because we're concerned in southern Illinois with 20 to 30 counties being covered by one particular council and we have so many tourist sites, maybe, as compared to other counties, that have more staff to cover less impacting tourist attractions. So, does your Bill address any balance?"
"No. It doesn't change that at all. All it does is allow the volunteer agency to participate in the same ratio and by the same formula as other tourism bureaus."
"Do the volunteers have any assurances that, if they are volunteers for so many... let's say period of time, months or years. That if there were money to come that they would be considered as top notch consideration for employment as 23 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 opposed to any new people that might apply."
"I don't know."
"Thank you."
"Ms. Didrickson, did you wish to speak on that? The Gentleman from DuPage, Mr. McCracken, to close. Oh, I'm sorry, excuse me. Mr. Barger, yes."
"Thank you, Mr. Speaker. There was some discussion as to whether or not you could trust volunteers with funds because their jobs aren't responsible for... on their doing a proper job and handling the money properly. I've worked in very many volunteer organizations and the quality of the people who work in volunteer organizations is, normally, well beyond reproach. It's not a matter of a bureaucrat doing the things that bureaucrats do, in order to get the pay that bureaucrats get. This is an effort, in this particular case, of trying to promote tourism in a particular area. Funds are not needed just for wages. Funds are needed for printing and distribution, and I think that this Bill is a very good idea, and promoting volunteerism is one of the things that we should involve ourselves more in. Thank you very much."
"And now, Mr. McCracken to close."
"Thank you very much. I'd like to emphasize that this does not change the formula for distribution to downstate tourism bureaus. It does not change the manner of allocation among those bureaus. All it does, and nothing more, is allow a bureau with a volunteer staff to participate in the system, and that's all it does. It's... has statewide application and there is no reason to be opposing the Bill. It does not change any of the standards and, in fact, would cost less, I imagine, than employed bureaus where they have to pay their employees. So, all we're asking for is an opportunity to participate in the 24 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day statewide system. I urge an 'aye vote." May 14, 1987
"The question is, Shall House Bill 2817 pass?" All those in favor signify by voting 'aye". Those opposed vote 'no'. Voting is open. Mr. Homer, the Gentleman from Fulton, one minute to explain your vote." Homer: facts. "Thank you, Mr. Speaker. I have... I rise to explain my "no" vote on the Bill, but first of all, my 'no' vote is based upon two There's one, the Department of Commerce and Community Affairs, which administers this program, is opposed to this Bill. Number one. Number is that, if this Bill goes through, it has the potential two for taking money away from those convention bureaus throughout the state, including the one I have in Peoria that serves our area, because we're taking money out of the same limited pot and opening up the eligibility primarily to the benefit of DuPage County and I can understand Representative McCracken's motivation and why the Members on that side from DuPage County would favor the Bill, but I would just urge other Members who have convention bureaus who are now participating in the program to realize that if this passes, there'll be less money for your convention bureau."
"Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 43 voting 'aye", 69 voting "no", none voting 'present and the Bill fails. On this Order of Business appears House Bill 2842. Mr. Clerk, read the Bill."
"House Bill 2842, a Bill for an Act in relationship to certain developmentally disabled persons and their families. Third Reading of the Bill."
"The Gentleman from DuPage, Mr. Daniels."
"Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2842 requires the Department of Mental Health and 25 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Developmental Disabilities to create a families assistance support program to provide financial reimbursement to assist families in providing care at home for severely and profoundly developmentally disabled persons. This is a package of five Bills and this is the first of the five that deal with the problem of aging out that many of our handicapped population are faced with when they reach age 22. I'd ask for your favorable support. Mr. Speaker, can I take these Bills out of the record."
"Yes, Mr. Daniels. Certainly. Out of the record, Sir. Ladies and Gentlemen, the Clerk advises me that a part in the computer has to be replaced at this time. It will take about five or ten minutes, so we will stand at ease for five or ten minutes while the computer specialists work on their equipment. Messages from the Senate. Senate Bills First Reading."
"Message from the Senate by Ms. Hawker, Secretary. Mr. Speaker, I am directed to inform the House of Representatives that the Senate has passed Bills of the following title, in the passage of which I am instructed to ask concurrence of the House of Representatives to wit: Senate Bills #1, 3, 9, 10, 27, 31, 35, 37, 38, 41, 47, 54, 60, 65, 66, 67, 68, 69, 74, 76, 77, 79, 87, 88, 91, 95, 111, 114, 115, 116, 120, 123, 124, 126 and 129 passed by the Senate May 13, 1987. Linda Hawker, Secretary. Senate Bills First Reading. Senate Bill 1, Dunn and Madigan, a Bill for an Act in relation to export development creating and amending various Acts in relation thereto. First Reading of the Bill. Senate Bill 3, Cullerton, a Bill for an Act to eliminate jury exemptions. First Reading of the Bill. Senate Bill 9, Hasara, a Bill for an Act to amend the Structural Pest Control Act. First Reading of the Bill. Senate Bill 31, Kubik and O'Connell, a Bill for an 26 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Act to amend Sections of the Build Illinois Act. First Reading of the Bill. Senate Bill 76, DeLeo, a Bill for an Act to... in relation to public utility taxes. First Reading of the Bill. Senate Bill 95, Homer, a Bill for an Act to amend Sections of the Energy Assistance Act. First Reading of the Bill. Senate Bill #10, Madigan, a Bill for an Act to amend the Election Code. First Reading of the Bill."
"On page 6 of the Calendar, Environment and Economic Development Special Call, House Bills Second Reading, appears House Bill 820. Mr. LeFlore, did you wish to proceed on House Bill 820? Mr. Clerk, read the Bill."
"House Bill 820, a Bill for an Act to amend the Minority and Female Business Enterprise Act. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. Alright. Now, on page 7 of the Calendar, State and Local Government Special.... House Bills Second Reading, appears House Bill 838, Mr. Levin. Out of the record. On that Order of Business appears House Bill 1281, Mr. Black. 1281? Mr. Clerk, read the Bill."
"House Bill 1281, a Bill for an Act in relation to fire protection districts. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative Black."
"The Gentleman from Vermilion, Mr. Black, on Amendment #1."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #1 was offered by the Fire District Trustees Association. I am in agreement with their 27 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Amendment and I would urge that you accept Amendment #1 to House Bill 1281."
"The Gentleman from Vermilion, Mr. Black, moves for the adoption of Amendment #1 to House Bill 1281, and on that, the Gentleman from Cook, Mr. Young."
"Inquiry of the Chair, Mr. Speaker. Has this Amendment been printed and distributed?"
"No. I'm advised it has not been printed and distributed. Mr. McCracken, for what purpose do you seek recognition?"
"We're looking now to see when it was filed and I wonder if we could take it out of the record for just a moment."
"Mr. Black is... it's Mr. Black's Bill and his Amendment, so he certainly has that right."
"As long as we can get back to it?"
"It's... it's his call. Mr. Black's call. Alright, we'll take that out of the record, then. On that Order of Business appears House Bill 1295, Mr. Johnson? Out of the record. On that Order of Business appears House Bill 1919, Mr. Bowman. Mr. Bowman, 1919. Mr. Clerk, read the Bill."
"House Bill 1919, a Bill for an Act to amend the Illinois Governmental Ethics Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Peterson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill... Amendment I to House Bill 1919 amends the Ethics Act and increases the threshhold amounts on the statements of economic Interest from $5,000.00 to $7,500.00, $1,200.00 to $1,500.00, $500.00 to $750.00. As 28 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 you know, a few years ago we increased the amount that employees had to report from $25,000.00 to $35,000.00 because of inflation and other matters, and this is just in keeping with... since the Bill was put into effect in 1974, the current rates are outdated and this would be a compromise to increase those rates. Thank you."
"The Gentleman from Lake, Mr. Peterson, moves the adoption of Amendment #1 to House Bill 1919, and on that, the Gentleman from Cook, Mr. Bowman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in opposition to the Gentleman's Motion, and I do so quite independent of the substance I plan to oppose all the Amendments to this Bill. The Bill in its present form is noncontroversial. The Bill in its present form was... I was asked to introduce this Bill by the Comptroller of the State, Roland Burris. This Bill is a housekeeping Bill in its present form. This Bill is a cleanup Bill in its present form and it is noncontroversial. So, I am going to resist this and all subsequent Amendments in order to move this necessary housekeeping Bill through the process without any controversy. Thank you. I oppose the Amendment."
"The Gentleman from DuPage, Mr. McCracken."
"Thank you, Mr. Speaker, I don't... I don't think that, you know, the fact that the Bill started as a housekeeping Bill should deter us from doing what's right. I think the Gentleman's Amendment, in fact, has been the only, or I should say, this Bill has been the only vehicle provided to us in order to get a hearing on this House floor. We have not been able to have a hearing on this issue before and the mere fact that it's housekeeping and that this may make it controversial, is no reason not to adopt the Amendment. I urge the Members from both sides of 29 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 the aisles to look at the merits of this Amendment and to vote it on that basis. So, I respectfully request that the Motion to Adopt Amendment #1 be favorably voted on."
"The Gentleman from Cook, Mr. Levin."
"Mr. Speaker, Ladies and Gentlemen of the House. I can't belleve some of the comments by the previous speaker. We have scandals going on at this point at all levels of government and, unfortunately, as a result, confidence in government is down, and what we need to be doing is taking actions to reestablish the confidence in government and in the elected officials of this state and, as well as, at the other levels of government. We don't do that by cutting back on the very kinds of disclosures that are intended to maintain that confidence. This is a bad Amendment and it ought to be defeated."
"The Gentleman from Fulton, Mr. Homer."
"Thank you, Mr. Speaker. I, too, rise to oppose the Amendment. That's not to say that these matters ought not to be discussed and considered in some other forum, but, I don't think that this is the proper forum as an Amendment to Representative Bowman's Bill. For the benefit of the Membership, what we're talking about, here, are the statements of economic interest that we are required to file each year. Elected officials file those statements to show whether we have any conflicts or what other enterprises we're involved in. And whether governments employ us. What other income we have above a certain threshhold, SO that those matters are filed of record, so that they are available for the public to look at, to scrutinize our own record to make sure that we are not exercising conflicts of interest. The Gentleman's Amendment would increase the threshhold for the filing of these statements so as to obviate the need for some people 30 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 who have a certain amount of income to fall below that threshhold, from disclosing their relationship with some other entity. I don't think that's necessarily bad to adjust these figures from time to time, but it's not proper. I don't think, to do it on Second Reading on an Amendment where there has not been an opportunity to fully consider the consequences, the amounts, and so forth, and so, I would oppose the Amendment."
"Further discussion? There being none, the Gentleman from Lake. Mr. Peterson to close."
"Mr. Speaker. First of all, I would like to state that to my knowledge the Comptroller does not oppose this Amendment. Second of all, this is just basically a housekeeping Amendment. It has nothing to do with expanding the areas that people would be able to circumvent the intent of this legislation. I think what has been proposed from the opposite side is a bunch of hogwash, and as long as people get up, especially those people who have conflicts of interest, who get up on this floor and state they have conflicts of interest, vote their conscience and vote for legislation. I think this is a miniscule attempt to amend what I think is needed in the Ethics Statement, and I hope you will support this legislation. Thank you."
"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 'nos have it and the Amendment fails. Further Amendments?"
"Floor Amendment #2, offered by Representative Daniels, McCracken and Slater."
"The Gentleman from DuPage, Mr. Daniels on Amendment #2. Withdrawn. Further Amendments?"
"Floor Amendment #3, offered by Representative Daniels, McCracken and Slater." 31 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"Amendment #3 withdrawn. Further Amendments?"
"No further Amendments."
"Third Reading. On this Order appears House Bill 2225. Mr. Ewing, do you wish to proceed with that Bill? Mr. Ewing? Out of the record. Mr. Black, we will return to your Bill on 1281, and on that Order, Mr. Clerk, House Bill 1281."
"House Bill 1281, a Bill for an Act in relation to fire protection districts. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Black."
"The Gentleman wishes to withdraw Amendment #1. Is that correct?"
"Yes, Mr. Speaker, I would like this Bill to move to Third, please."
"Alright. Are there any further Amendments?"
"No further Amendments."
"Third Reading. On the Order... on this Order of Business appears House Bill 2774. Ms. Currie? Mr. Clerk, read the Bill."
"House Bill 2774, a Bill for an Act to create the Metropolitan Investment Corporation Act. Second Reading of the Bill. This Bill has been read a second time previously. Amendment #1 was adopted in Committee."
"Are there Motions with respect to Amendment #1?"
"No Motions relating to Committee Amendment #1. No Floor Amendments."
"Third Reading. Alright, we'll return House Bill 2774. Ms. Currie, to the Order of Second Reading. There apparently are Amendments. Mr. Clerk, Amendments to 32 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day House Bill 2774."
"Floor Amendment McCracken." #2, May 14, 1987 offered by Representative
"The Gentleman from DuPage, Mr. McCracken on Amendment #2."
"Thank you, Mr. Speaker. House Bill 2774 creates the Municipal Investment Corporation Act, allowing a partnership of private and public funding for the purpose of encouraging development. Among some of the many powers which this corporation would have, is that of eminent domain and quick-take. I respectfully submit. and the Amendment proposes, to delete those powers on the basis that those powers are reserved historically for exclusively local units of... or actual units of government, and I really can't see any need for such dramatic powers to be lodged in a quasi-public or quasi-private corporation. We're not seeking to gut the Bill, but I think that the power of quick-take and eminent domain is far too much to be granted to a quasi-private corporation and Amendment #2 would do that, and I move it's adoption."
"The Gentleman from DuPage, Mr. McCracken, moves for the adoption of Amendment #2 to House Bill on that, the Lady from Cook, Ms. Currie." 2774, and
"I think the Gentleman has a first-rate Amendment and I urge adoption of the Amendment, as well."
"The question is, Shall this Amendment be adopted? All in favor say 'aye', all opposed 'no". In the opinion of the Chair, the ayes' have it and the Amendment is adopted. Further Amendments?"
"Floor Amendment #3, offered by Representative McCracken."
"The Gentleman from DuPage, Amendment #3." Mr. McCracken on 33 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"I believe that was an alternative. May 14, 1987 I withdraw Amendment #3."
"Amendment #3 withdrawn. Further Amendments?"
"No further Amendments."
"Third Reading. On page 8 of the Calendar, on the Order of Special Call, Revenue, appears House Bill... on House Bills Second Reading, appears House Bill 144. 144, Ms. Davis? Out of the record. On that Order appears House Bill 745. Mr. Johnson. Mr. Clerk, read the Bill."
"House Bill 745, a Bill for an Act to amend the Revenue Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. On this Order appears House Bill 859. Mr. Ronan? Out of the record. On this Order appears House Bill 1167. Mr. McGann. Do you wish to proceed? Out of the record. On this Order appears House Bill 1168. Mr. Young, do you wish to proceed? Mr. Clerk, read the Bill."
"House Bill 1168, a Bill for an Act to amend the Illinois Income Tax Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Floor Amendments?"
"No Motions. No Floor Amendments."
"Third Reading. On this Order appears House Bill 1170. Mr. McGann, do you wish to proceed on 1170? Out of the record. And on this Order appears House Bill 1175. Mr. Young, do you wish to proceed? Mr. Clerk, read the Bill."
"House Bill 1175, a Bill for an Act to amend the Illinois Income Tax Act. Second Reading of the Bill. No Committee Amendments." 34 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES
TRANSCRIPTION DEBATE Speaker Greiman: "Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative Williamson."
"The Lady from Cook, Ms. Williamson on Amendment #1."
"Amendment... Amendment #1 provides a State Income Tax deduction for individuals living within five miles of any airport to insulate their home against airport noise. I'd move for the adoption."
"The Lady from Cook, Ms. Williamson, has moved for the adoption of Amendment #1 to House Bill 1175, and on that the Gentleman from Cook, Mr. Cullerton."
"Will the Sponsor yield? Will the Sponsor yield for a question?"
"Indicates she will."
"Representative Williamson, does this Amendment... how does this Amendment compare with Representative Terzich's Bill, which is on Third Reading that deals with the issue of a deduction?"
"This is basically a deduction, where Representative Terzich's would be a credit."
"So Representative Terzich's is better for the homeowner because they would get more money than with this Amendment. Is that correct? Say yes."
"I've got a different answer. Representative Terzich's would be more cost to the state. This would be less costly to the State of Illinois."
"Well, who's to benefit from this cost to the state?" Homeowners who live near airports."
"Near airports."
"Why would you want to propose an Amendment that doesn't give as much relief to homeowners who live near airports as a Bill which is agreed by just about everybody 35 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 in the House that it should pass, that's sponsored by Representative Terzich? Why don't you want to give as much tax relief to the people who live in your district, and are trying to water down the relief that we can give by passing Representative Terzich's Bill?"
"Representative Cullerton, this is... the Amendment is identical to a Bill that we passed out of the House last year, and I believe the vote was 87 to 18. It was House Bill 3498 and it died in the Senate in the Rules Committee. It didn't get out of the Rules Committee. So we're hoping to bring that back as an Amendment and get this on this Bill."
"Well, Mr. Speaker, I would say this. That regard... even though this was a Bill that was passed last year that died in the Senate Rules Committee, it doesn't mean that we have to follow the same policy. Representative Terzich has come forward with a Bill that gives even greater protection to the citizens who live near airports and this Amendment is nothing more than a watered down version of that, and I don't think we should proceed with that and I'm shocked that Representative Williamson would try to offer such an Amendment, but I think we should save her from herself by voting against the Amendment."
"Further discussion? The Lady from Cook, Ms. Williamson, to close."
"Well, to clarify my position on this with Representative Cullerton. One of the reasons that we're trying to get this Amendment through is it is fiscally... it is considered fiscally conservative to the State of Illinois. We are saving the state more money by putting this Amendment through. It's exactly the same as the House Bill that got through this House last year. We're simply trying to save the state money. I think it's fiscally 36 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 conservative. That's one of the things that we're both down here for, and I'm sure that Representative Cullerton would agree with me, and I would ask for a Roll Call vote on this Amendment."
"The question is, Shall Amendment #1 be adopted?" Those in favor signify by voting 'aye'. Those opposed vote 'no'. 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 51 voting 'aye', 63 voting 'no', none voting 'present', and the Amendment fails. Are there further Amendments?"
"Floor Amendment #2, offered by Anthony Young."
"The Gentleman from Cook, Mr. Young on Amendment #2."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #2 would amend the Income Tax Act and remove the $1,000.00 standard exemptions from all those now entitled, except individuals, and I move for its adoption."
"The Gentleman from Cook, Mr. Young, moves for the adoption of Amendment #2 to House Bill 1175, and on that, the Gentleman from DuPage, Mr. McCracken."
"Will the Sponsor yield?"
"Indicates he will yield for questions."
"What entities would not have an exemption now, if this Bill passed?"
"Corporations, partnerships and trusts."
"And do you know how much money this would bring into the state coffers?"
"Approximately $6,000,000.00."
"Are partnerships taxed on a unit basis in Illinois for income tax purposes, or are partnerships taxed through their partners? Do you know?"
"I do know that the partner is allowed the standard 37 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day exemption on his individual income tax." May 14, 1987
"So in seeking to delete the partnership deduction, you would not take it away from the partner individually."
"That's correct."
"So would there be any effect on partnerships, then?"
"I'm not sure, Representative."
"Okay."
"It's my understanding that right now they have a double exemption."
"Partnerships have a double exemption?"
"And I'm not sure."
"Okay. This was the... this was a Bill in Revenue Committee this year, wasn't it? This Amendment?"
"Yes, it was."
"And it failed in Committee?"
"Yes, it did."
"Okay. Thank you very much."
"The Gentleman from Cook, Mr. Keane."
"Thank you, Mr. Speaker. The previous speaker was correct. This was a Bill in Revenue Committee and failed, and I think should fail... this Amendment should fail on the floor at the present time. The matter is a very complicated one. It's something that we should spend some time on and I would urge a 'no' vote."
"The Gentleman from Lake, Mr. Churchill."
"I join with the Chairman of the Revenue Committee in opposing this Amendment. Whether you increase a tax by increasing it, or whether you increase a tax by eliminating an exemption, it is still a tax increase, and that's exactly what this Amendment is, a tax increase Amendment, and should be soundly defeated."
"The Lady from Lake, Ms. Frederick."
"Mr. Speaker, I also rise in opposition to this 38 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Amendment. Since 1969, I believe, the income tax exemptions have applied equally to corporations, partnerships and individuals, and I would suggest that we defeat this Amendment."
"The Gentleman from Cook, Mr. Young, to close."
"Well, Mr. Speaker, I just move and urge for the adoption of this Amendment. It's a good Amendment. It'll being $6,000,000.00 into the state. It will have a very, very minimal effect on corporations. The amount of revenue brought into the state will be brought in because it will have such a wide ranging effect, but a minimal effect on business. We're one of the few, if not the only, states in the country that still allows this exemption for other than individuals, and I would urge its adoption."
"The question is, 'Shall Amendment #2 be adopted?" Those in favor signify by saying 'aye", those opposed 'no". In the opinion of the Chair... the Gentleman has asked for a Roll Call. All those in favor signify by voting 'aye', those opposed vote 'no". Voting is now open. Have all voted who wish? Mr. Clerk, take the record. On this question there are 32 voting 'aye', 76 voting "no", none voting "present". The Amendment fails. Further Amendments?"
"No further Amendments."
"Third Reading. On this Order of Business appears House Bill 1802. Mr. Clerk, read the Bill."
"House Bill 1802, a Bill for an Act to amend the Charitable Games Act. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1... Floor Amendment #1, offered by Representative Stephens."
"The Gentleman from St. Clair, Mr. Stephens on 39 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Amendment #1."
May 14, 1987 "Thank you Mr. Speaker. Amendment #1 to House Bill 1802 would allow volunteer fire departments, which are tax exempt under Section 501(c)(4) of the IRS code to conduct casino nights. It's an Important Bill... Amendment for downstate districts that many times do not have paid volunteers... paid fire departments. We have volunteer fire departments that need ways to raise money and it's a good Amendment. I think the Sponsor agrees to this Amendment and I would move its passage."
"The Gentleman from St. Clair, Mr. Stephens. moves for the adoption of Amendment #1 to House Bill 1802, and on that, is there any discussion? There being none, the question is, 'Shall the Amendment be adopted? Those in favor say 'aye, those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and the Amendment is adopted. Further Amendments? Amendment 2 is withdrawn. Further Amendments, Mr. Clerk?"
"Floor Amendment #3, offered by Representative Churchill."
"The Gentleman from Lake, Mr. Churchill."
"Thank you, Mr. Speaker. Floor Amendment #3 adds the multi-state lottery to this fine Bill. The Bill's Sponsor was the father of this fine concept and I would like to enhance this fine concept by adding to it a lottery that covers many states, so that we can have bigger awards, and we can bring in more money to the common school fund. I would ask for its adoption."
"The Gentleman from Lake, Μг. Churchill moves for the adoption of Amendment #3 to House Bill 1802, and on that, the Gentleman from Winnebago, Mr. Giorgi."
"Μг. Speaker, has this Amendment been published or promulgated?" 40 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"Mr. Clerk, has the Amendment been printed and delivered to the desks? Mr. Giorgi it has."
"Alright, Mr. Speaker, I further request of the Chair, is the Amendment germane to my favorite bill, House Bill 1802?"
"We will examine it. Mr. Giorgi, the Chair believes that the Amendment is germane. Mr. Giorgi."
"Well, Mr. Speaker. it seems that this multi-state lottery Bill is making the full circle and coming back to the ... and I ... with all the modesty I can muster, I hate to refer to myself as the father of the lottery, but I know that there have been many negotiations going on over the multi-state lottery, we know that we want a multi-state lottery eventually, but this is not the vehicle for the multi-state lottery. So, I want to resist Churchill's attempt to place this Amendment on my Bill."
"The Lady from Lake, Ms. Frederick."
"Mr. Speaker, Ladies and Gentleman of the House, I rise in support of this Amendment. This is a wonderful chance to increase state revenues and we certainly had enough chances around here to decrease them. I support this. I would suggest we all vote 'aye'."
"The Gentleman from Cook, Mr. Turner."
"Thank you, Mr. Chairman. I rise against this Amendment. There is a meeting that's currently going on now, it's to take place later this afternoon between the director of the lottery, and some of the Members on this side of the aisle, who have concerns regarding the multi-state piece. We have talked with them, and assured them that we would like to have some discussion before any movement would be made on a multi-state lottery vehicle, and for that reason I am opposed to this Amendment, and I would ask all the Democratic Members on this side of the aisle to vote 'no' 41 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day on this Amendment."
"There being no further Churchill to close."
"Thank you. Mr. May 14, 1987 discussion, Mr. Speaker. I think the previous speaker's comments may be true, that there is a meeting going on, and apparently it's only for the Members of the other side of the aisle, because I don't think anybody on our side of the aisle has been invited to that meeting. although, we are the proponents of the multi-state lottery, and we have been trying to put this into play. I think back about the history of the lottery, and I noted before that Representative Giorgi is the father of the lottery, and it seems that since he has fathered such a fine concept, that it's a shame that he now wants to kill one of the offspring of that concept, and so, you know. I hope that some point along the line Zeke, that you will be out supporting the multi-state lottery to make this child that you've brought into the world, strong and healthy and productive for our state economy."
"The questions is, Shall this Amendment be adopted? All in favor signify by saying 'aye", those opposed 'no". In the opinion of the Chair, the 'nos have it, and the Amendment fails. Further Amendments?"
"No further Amendments."
"Third Reading. And now on page... on page seven, I'm sorry, on page nine of the Calendar on the Order of State Regulation, House Bills Second Reading, appears House Bill 21. Excuse me, Mr. Hicks for what purpose do you seek recognition?"
"Thank you. Mr. Speaker, I would like to ask that I be joined with seven Members of the House to have House Bill 34, which is on the Order of Short Debate, Third Reading, removed from the Short Debate Calendar please, and I would 42 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 like to be asked to be joined by seven Members of the House."
"Well this probably ... why don't you do that when the Bill gets called? We are not at that order yet and it's perfectly appropriate at that time. Mr. Clerk, on that order of business appears House Bill 21, Mr. Terzich. Mr. Clerk, read the Bill."
"House Bill 21, a Bill for an Act to amend the Liquor Control Act. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative Hallock."
"The Gentleman from Winnebago, Mr. Hallock."
"I move to withdraw the Amendment."
"Amendment is withdrawn. Further Amendments?"
"No further Amendments."
"Third Reading. On this Order of Business appears House Bill 1000. Mr. McCracken, do you wish that read? Mr. Clerk, read the Bill."
"House Bill 1000, a Bill for an Act to amend the Illinois Bank Holding Company Act. Second Reading of the Bill. Amendments #1, 2 and 3 were adopted in Committee."
Speaker Greiman "Are there Amendments... are there any Motions with respect to those Amendments?"
"No Motions filed."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. On this Order of Business appears House Bill 1045. Mr. Clerk. DeLeo, do you wish that read? Out of the record. On this Order of Business appears House Bill 1432. Out of the record. On this Order of Business appears House Bill 1917, Mr. Leverenz? Mr. 43 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Leverenz in the chamber? Out of the record. On that Order of Business appears House Bill 2152. Mr. Homer? Out of the Record. Alright, we'll return to House Bill 1917. Mr. Clerk, read the Bill."
"House Bill 1917, a Bill for an Act to amend the Illinois Pre-Need Cemetery Sales Act. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. Returning to the Bill, on this Order of Business, appears House Bill 1432. Mr. Clerk, read the Bill."
"House Bill 1432, a Bill for an Act to amend the Pharmacy Practice Act. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1... Amendment #1, offered by Representative Krska - DeLeo and Panayotovich."
"Yes, the Gentleman from Cook, Mr. Panayotovich on Amendment #1."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #1 now becomes the Pharmacy Practice Act rewrite. I know of no opposition. Representative Hensel and I have worked together with the staffs, pharmaceutical people and the Illinois Retail Merchants. I move for adoption."
"The Gentleman from Cook, Mr. Panayotovich, moves for the adoption of Amendment #1 to House Bill 1432, and on that, is there any discussion? The Gentleman from DuPage, Mr. Hensel."
"Thank you, Mr. Speaker, Members of the House. Yes, we are in agreement with it, and I just ask for a favorable vote." 44 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"There being no further discussion, the question is, Shall this Amendment be adopted?" Those in favor say 'aye, opposed "no". In the opinion of the Chair, the 'ayes have it. The Amendment is adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. On this Order of Business appears House Bill 2152. No, I'm sorry. That's out of the Record, Mr. Homer? 2152? Out of the Record. On this Order appears House Bill 2698, Mr. Hicks? 2698? Mr. Clerk, read the Bill."
"House Bill 2698, a Bill for an Act to revise the law in relation to Owner and Resident, for Residential Property. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative Bowman."
"The Gentleman from Cook, Mr. Bowman on Amendment #1."
"Thank you. Actually, for the record, I believe I should withdraw the Fiscal Note Request?"
"Alright, the Fiscal Note Request is withdrawn."
"Thank you. Now, as to Amendment #1 ... as to Amendment #1. Amendment #1 deletes Section 1.02 (sic) of the Bill. Now, Ladies and Gentlemen, this is a very controversial Bill, and this will be a controversial Amendment, so, I would appreciate your attention. The Bill, the underlying Bill rewrites the Tenant/Landlord Statute in this State, completely rewrites it, and substitutes this Bill in its place. Now Section 1.204, which I am moving to delete, preempts home rule powers of local governments. Now, I want you all to understand what it means to preempt home 45 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day rule powers of local governments. May 14, 1987 You can read it for yourself in Section 1.204. Let me read for you the key sentence, it says that "No power or function to control the rights and duties arising out of the relationships between owners and residents, shall be exercised by any unit of local government, including home rule units'. So, Ladies and Gentlemen of the House, if this Bill passes without my Amendment, it will preclude every single unit of local government in this state from enacting any legislation, whatsoever, on the subject of tenants or landlords. Anything that affects that relationship, anything at all, will be off limits to local governments. Now, about fourteen communities in the State of Illinois have already enacted a tenant... comprehensive tenant/landlord legislation. The City of Chicago is the largest of these, and the most recent. My own home community of Evanston is another of these, and I could add to the list of Mt. Prospect. DeKalb, and many other communities. There are fourteen in all. But the point is, Ladies and Gentlemen, that you do not have to have a comprehensive tenant/landlord ordinance on your books to be affected by this piece of legislation without the Amendment on it, because, if there is even one little, tiny, local ordinance that affects anything having to do with tenant/landlord relationships, that is struck down, nullified, cancelled, voided by the Bill without my Amendment. This Amendment preserves the right of home rule communities to enact appropriate legislation as they see fit in this area. If my Amendment is adopted, the Bill will stand as a model to home rule communities, but it will not be forced on home rule communities. If my Amendment is adopted, the Bill will stand as the law of the state, for all non-home rule communities in this state. So, the Bill would be a 46 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 worthwhile Bill if my Amendment is adopted. But, if my Amendment is not adopted, then this General Assembly will be saying to every community in the state, and particularly the home rule communities, that you may not legislate, in any way, shape or form on the subject of tenant/landlord relations. So, this Amendment is a very important one, it is a needed one, if we are to preserve the integrity of our local governments. And I would just say in conclusion, Ladies and Gentlemen, that there is probably no more important area that we ought to leave to local governments, than housing and zoning and building matters. Because housing markets are by their very nature, highly, localized markets. If I am going to look for a new apartment or a condominium or a house, chances are I won't look throughout the State of Illinois, I will look in my home community or in a nearby community, because that's the housing market. And the same with someone who might be from Peoria or Mattoon or any other community in Illinois, if they are going to be looking for new housing, they will look in their immediate vicinity. So that is important that local governments retain local control over their local housing markets. That's what this Amendment does. I am proud to move for its adoption."
"Further discussion? The Gentleman from Champaign, Representative Johnson."
"When is the first time in the 170-some-odd year history of this state that any local government enacted a Landlord/Tenant Code, or anything resembling that, Representative Bowman?"
"Excuse me, Representative Johnson, could you repeat that?"
"Ask the court reporter to read it back."
"I'm not sure when the first one was adopted, I know in 47 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Evanston, we have had it for about ten years, so they have been around for a long time."
"They have been around for a long time? Ten years is a long time?"
"Yes, Sir. Well, ten year... let me tell you ten years ... how many people have been in this Assembly for ten years? I've been in ten years and my license plate number is 26, so if that tells something, ten years is a long time."
"How many of the ... Illinois has the dubious distinction of having more units of local government than any other State in the Union. I think they say there is 18,000. How many of those 18,000, and how many of the, I suppose four or five thousand cities and villages in this State, have any kind of a Landlord/Tenant Code?"
"Representative Johnson. I indicated that there are fourteen that have comprehensive ordinances, including your own community of Urbana, and my own community of Evanston, however ..."
"Representative Bowman, if I could ... I would appreciate it if you would just be able to respond to my question. There are fourteen, is that right?"
"That have comprehensive ordinances, but many others may have ..."
"Well how many have... how many have uncomprehensive ordinances?"
"Well, that ... if you let me finish this sentence ... that number is unknown. I would also point out that the.... one of the comprehensive ordinances governs three million people who live in this state."
"What provisions are there in your local Evanston ordinance, that you think are sufficiently valuable, in addition to your dedication to local autonomy, that you 48 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 think ought to be preserved, that are so good that they would be preempted by this Bill?"
"All of them, every one of them. Sir."
"Well, give me some examples as to why the City of Evanston is going to suffer, if their ability to regulate on a local level is preempted. Give me two or three examples."
"It's a local housing market. I'll tell you one ... I'll tell you one way, we have in addition to comprehensive tenant/landlord ordinance, we have an alternative dispute resolution mechanism, that provides a forum for tenants and landlords to come together and resolve their disputes. That would be thrown out if this law were to pass because it would be completely invalid."
"And you have repair and deduct, and you want to preserve that."
"Yeah, yeah."
"Well, speaking to the Amendment itself. There are certain.... well, to begin with, this state has existed since the 1820's I think, or 1818 I guess, and only in the last ten years of the history of the State, have we had any kind of landlord/tenant regulation at a local level. So, this state existed for ninety plus percentage of its history, and existed very well, without the necessity of having local landlord/tenant provisions. In addition to that, particularly in a mobile society, there are very legitimate reasons, from a standpoint of planning, from the standpoint of the ability of people in the business and consumers, to be able to understand that there are uniform provisions, uniform laws in this area. In by enacting a local ordinance, you run the risk of doing a number of things, one of which is accumulate remedies between local government and the various state provisions that deal with 49 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 the subject matter of landlord/tenant. And I would suggest to you, that if you look at Representative Bowman's Bill, which basically, at least he told us in Committee, would be designed then to be amended, and by the way, that Bill is not on the House floor, to enact the Evanston ordinance or the Chicago ordinance on a statewide basis, you would see that the bottom line would be to dry up the availability of rental property for consumers, and to be certainly negative in so far as the effect on the economy of the state is concerned. This is an area, like other areas, that ought to be regulated at a state level. The state level traditionally has been the level between local and the federal government, where this sort of law is most appropriately passed, and particularly as time goes along, rather than the reverse, as we become a mobile society, as people move from community to community, when we have builders who build and manage properties from Chicago to Cairo, that it makes eminent good sense, to enact this law, 2698, which is supported by the Illinois Realtors Association, with a preemptive provision in it. And I would suggest that even though I know Representative Bowman is sincere in wanting his local ordinance to... his and thirteen others, which represent only a small percentage of the communities in the state, and a small percentage of the population of the state, other than Chicago, to prevail, it is simply something that doesn't make good economic sense, doesn't make good governmental sense, and I would respectfully request that people vote "no" on Floor Amendment #1."
"Further discussion? The Gentleman from Cook, Representative Greiman."
"Thank you, Mr. Speaker. With respect to whether we should enact anything new in this Legislature, the previous 50 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day speaker came May 14, 1987 to me yesterday with a novel and innovative idea about, I think, defamation, and it was an interesting Bill, and he was very proud that it was a new Bill, and had never been thought of anyplace else. And I didn't tell him, 'Well we have gotten along pretty well without having this Bill, Mr. Johnson'. I said, "Well put me down as a Cosponsor, and I will be with you Mr. Johnson, because that is what we do here, we do some innovative things, we are not necessarily left in 1818. But to the Amendment, the suggestion that the housing stock problems in my town, which is a suburban community of 65,000 people, is the same as a small town or village in Illinois downstate, is patently nonsensical. The thought that the City of Chicago's housing stock problems are the same as a small community downstate is just nonsense. Anybody who has been to Chicago, anybody who has been around this state, knows that. The thought, for example, that in communities, around this state, each one has a unique sense of how we should live. I have heard from both sides of the aisle, but particularly from downstate, how important local control is in so many areas. This is the essence of it, this is how we are going to ... how landlords and tenants shall live. This affects people. Now, if you are a target, For example, let me tell you, this Bill, and I am addressing this Amendment, this Bill takes away very substantive rights of tenants. So, whatever... whichever side of the aisle you happen to be on, you be careful, because there are lots more tenants, I suspect, than there are landlords. Now, they may not make contributions, but they sure as hell vote. And you are going to be taking a lot of rights away from them, with this Bill. This Amendment. at least, and I say, at least, lets local communities make some decisions about what ... about how 51 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 46th Legislative Day their housing should be. Now this Bill has... this Bill has hung around for a long time. It was bad the year I came here in 1974, and it hasn't gotten any better. This Amendment at least makes it a little more sensible, a little more palatable, but we'll hear more about this on Third Reading. This Amendment should be adopted. Thank you."
"Ladies and Gentlemen, if I could have your attention, we have the distinct honor and privilege to welcome a gentleman who came all the way down from the City of Chicago, the Superintendent of Police, Mr. Fred Rice. Give him a nice welcome. Further discussion on Amendment #1 to House Bill 2698? The Lady from Cook, Representative Didrickson."
"Thank you, Mr. Speaker, Members of the House. I hope we are all listening to this Amendment and the debate that is going on. This is a hostile Amendment. It does nothing to improve the relationship between the landlord and the tenant. In fact, what it does is, it guts the Bill that seeks to set up integrity in the State of Illinois, and seeks to set up guidelines for the relationship between the landlord and the tenant. This is a good Bill. This is not a Bill that needs to go down and be defeated because of this hostile Amendment that is being placed on it. I hope you will vote with us, and look to defeat this Amendment. It is not going to do anything to the integrity of the Bill."
"The Gentleman from Cook, Representative Anthony Young."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of the Gentleman's Amendment. All this Amendment does, as has been said, is take home rule units out of this horrible Bill. Without going into 52 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 the merits of this Bill though, that totally rewrites landlord/tenants relationships, let's just focus on the idea of letting home rule units, who have established their own landlord/tenant ordinances, have a chance to see if those ordinances can work. One of the previous speakers mentioned that a small percent of the population would be involved, but if you look at the population of the fourteen home rule cities, as compared to the rest of the state, you will find that this Amendment would take a very large percent of the population of this state, and allow its landlord/tenant relationships to be governed by those local officials, who are elected at the local level, to pass just such ordinances. If the ordinances are SO bad, or SO terrible, then it would seem that people on the local level would react to that. The Gentleman has said only in the last ten years have these ordinances come to effect, whereas, we know the body of law is very dynamic, and it changes according to the different needs and changing times. We, in Chicago, were just fortunate enough to pass an ordinance that many of us supported and fought for for many of years, but we were unable to pass it because of the strength of the real estate lobby, who are the promoters of this Bill. The landlords in home rule units are slowly losing their power as local officials become more responsive to the demands of tenants and tenants associations. A vote for this Amendment is merely allowing the citizens of this state to operate under laws promoted at the local level, in some cases, by the insistence of local people. This is a fine Amendment on a horrible Bill, and I urge everyone to give an 'aye" vote."
"The Gentleman from DeKalb, Representative Countryman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the 53 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 House. I rise in opposition to the Amendment. To debate the merits of the Bill on the Amendment is wrong. This Bill came out of Committee, Representative Bowman's Bill did not come out of Committee. The questions of whether or not this Bill is right or wrong, are things that should be debated on Third Reading. This is an Amendment intended to sabotage this piece of legislation. I represent an area that has both home rule and non-home rule communities, that has one of these ordinances and other communities do not. But I believe that what we need in this state is a uniform law, one that applies in the same manner to every community in this state, and requires the same obligations of landlords in Sycamore as it does DeKalb, in Chicago as it does in Effingham. And this Amendment would take that away from this Bill, and therefore, I urge a 'no vote."
"The Gentleman from St. Clair, Representative Flinn."
"Mr. Speaker, I move the previous question."
"The Gentleman moves the previous question. all those in favor signify by saying "aye", those opposed 'nay'. In the opinion of the Chair, the 'ayes' have it, and the request is accepted. Representative Bowman to close."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Well, I beg to differ with the people that say this Amendment guts the Bill, in fact, the Amendment, if it is adopted, will leave the rest of the Bill intact, the rest of the Bill will apply to the entire state, except those home rule communities which already have ordinances on the books. It will provide, without this Amendment, the framework that the Sponsors seek, unless, of course; unless, of course, what the Sponsors really want to do, is to take away powers from home rule units of government. 54 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Unless, of course, that is their principal May 14, 1987 motive behind the whole Bill, then you can say the Amendment guts the Bill. But, if that's not their intent, if that's not their desire, then the Amendment doesn't gut the Bill. I just want to point out once again though what Representative Greiman said, and underscore that, that these housing markets are different in different parts of the state. Evanston, where I come from, is not the same kind of community that Skokie is, which is right across the North Shore Channel. We're similar, but we also have some important differences, and those differences become exaggerated the farther apart the communities are. I think every community ought to be able to regulate its own local housing market. Now, just one last point. Do you remember the Machine Gun Bill? The famous Machine Gun Bill, where we voted to legalize machine guns, inadvertently, and then went home, and suddenly the papers discovered it, and we became very embarrassed and we had to come back here, and re-outlaw machine guns? Now, that was probably the most extreme example of a sleeper Bill, but every Session, every Session, I vote for a Bill, I go back home and someone says, "Why did you do that?" and I say, "Gee, did I do that? I didn't realize the Bill did that." Now, I want you to know, Ladies and Gentlemen, that this legislation, if adopted, will wipe out everything in this particular subject area that is already on the books. So your community doesn't have to have a comprehensive ordinance, it just has to have one, little, tiny ordinance that is important to it, and its wiped out completely, forever, if this Bill passes without my Amendment. That's why I offer the Amendment. So when you go home this summer, people won't say, "Why did you do that for? Why did you pass a Bill that wiped out our local ordinance?" It wasn't a big 55 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 deal to anybody else, but it was important to us. Why did you do it? So, Ladies and Gentlemen of the House, unless you are absolutely sure, that every community in your district, has no ordinances already on the books, that do anything in this particular subject area, you better vote for this Amendment."
"The questions is, *Shall the House adopt Amendment #1 to House Bill 2698? All those in favor signify by voting 'aye", those opposed 'nay', the voting is open. To explain his vote, the Gentleman from Jefferson, Representative Hicks."
"Thank you. Mr. Speaker. You know, I find it a shame that here I am the Sponsor of the Bill, and yet I couldn't even talk about the Amendment. An Amendment who is hostile to my Bill, that guts my Bill, and yet I wasn't able to speak in debate. I stand in opposition to this Amendment. I am the Sponsor of this Bill, as was said. The Gentleman had a very fair hearing on his Bill, and I would ask that everybody vote 'red', as I see they are finding to do. Thank you."
"They are listening to you, Representative Hicks, they're listening. The Gentleman from Macon, Representative Dunn."
"Never mind."
"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 24 voting 'yes', 83 voting 'no', 7 voting 'present', and the Amendment fails. Further Amendments?"
"Floor Amendment #2, being offered by Representative Bowman."
"Amendment #2. Representative Bowman."
"Withdraw Amendment #2." 56 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Gentleman asks to withdraw May 14, 1987 Amendment #2. Further Amendments?" Withdraw Amendment #2, Mr. Clerk.
"There are no further Amendments."
"Third Reading. On Page 9 of the Calendar appears House Bill 2786, Representative Churchill. Is Representative Churchill in the chamber? the Bill." Mr. Clerk, read
"House Bill 2786, a Bill for an Act to create a Safety in Skiing Board in the Department of Labor. Third Reading Second Reading of the Bill. There are no Committee Amendments."
"Any Floor Amendments?"
"There are none."
Chair." "Third Reading.
Representative Greiman in the Speaker Greiman: "On page 11 of the Calendar. On the Order of Speaker's Table, State Regulations, appears Senate Joint Resolution 45. Mr. Clerk? Mr. Clerk?"
"Senate Joint Resolution 45 creates a Select Joint Committee on State Regulation of Professions and Occupations."
"The Gentleman from Cook, Mr. Cullerton."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. This Resolution would set up a Select Joint Committee on State Regulation of Health Professions and Occupations. As you know, there are nine health-related Acts scheduled for repeal at the end of this year. Now it may be that one or more of the nine Acts will have been redone through legislation, and have passed by June 30th. If that's the case, then those Acts will not be subject to the purview of this Select Joint Committee. But of the others that say, we do not rewrite between now and June 30th, they would come under this Joint Committee. The 57 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Committee would have thirteen Members, made up of eight Members of the General Assembly appointed by the Speaker and Minority Leaders, President of the Senate, some public Members, and also the Director of the Governor's Office of Planning would be a nonvoting Member. They would make recommendations on the continuation of state regulation of these facilities, of these professions that is, it would make the report to the General Assembly by May 29, 1987, and then... on as many Acts as they can, and then its final report no later than September 30, 1987. I believe that this is a good idea to have a combination of legislative and public members on the Committee to review the Act, and I would appreciate your support in adopting the Resolution."
"The Gentleman from Cook, Mr. Cullerton, moves for the adoption of Senate Joint Resolution 45, and on that, is there any discussion? There being none, the question is, 'Shall this Resolution be adopted?' Those in favor signify by voting 'aye', those opposed vote 'no', voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Laurino, 'aye'. Have all voted who wish? Mr. Clerk, take the record. On this question there are 111 voting 'aye', none voting 'no', two voting 'present'. And this Bill (sic - Resolution), having received the Constitutional Majority, is hereby declared adopted. On page two of the Calendar, Senior Citizens and Disabled, House Bills Second Reading appears House Bill 664. Mr. Turner, did you wish to proceed? Mr. Turner? Out of the record. On page 11 of the Calendar, on the Order of Special Order of Business, House Bills Second Reading, Consumer Protection appears House Bill 2. Mr. Cullerton, House Bill 2."
"House Bill 2, a Bill for an Act to amend the 58 46th Legislative Day Illinois STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE Vehicle Code. Second Reading May 14, 1987 of the Bill. Amendment #3 was adopted in Committee."
"Alright, take this Bill out of the record. On this Order of Business appears House Bill 3. Out of the record. On this Order appears House Bill 541, Mr. Sutker. Mr. Sutker, 541? Mr. Clerk, read the Bill."
"House Bill 541, a Bill for an Act to amend the Consumer Fraud and Deceptive Business Practices Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions with respect to Amendment #1?"
"There are no Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, is being offered by Representative Sutker."
"The Gentleman from Cook, Mr. Sutker on Amendment #2."
"Mr. Speaker, Ladies and Gentlemen. Floor Amendment #2 merely cleans up the Bill, and clarifies the Act as it relates, both to my House Bill, and as it relates to the underlying statute itself. It was an Amendment requested by the Attorney General's Office, so that they could clean up this legislation for the future, as well as for my Bill. I ask for its adoption."
"The Gentleman from Cook, Mr. Sutker asks for... moves for the adoption of Amendment #2 to House Bill 541, and on that, the Gentleman from Cook, Mr. Piel."
"Thank you, Mr. Speaker, will the Gentleman yield for a question?"
"He indicates he'll yield for questions."
"Cal, could you give us a little more detailed explanation? You said it relates to the Act and one thing and another, 59 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 but you really didn't go into what exactly the Amendment does."
"The Amendment doesn't do anything to that which appeared before the Committee. It defines an unlawful practice as it relates to the publication of telephone directories, and orders a disclosure of the geographic area that the directories are going into: the publisher, the relationship to any telecommunications company, and the number of directories having been sent in the past. So, it's the same Bill that was before Committee. What did happen, however, was that there were some technical concerns as it relates to the structure of the statute initially, because the statute required the continual listing of additional unlawful practices, by alphabetizing how they were set forth in the statute. So, I agreed that we could make the statute cleaner if we just referred to the various areas of unlawful practice and spell out that the Attorney General's Office could proceed under this Act without designating every single subsection, and previous section that the Act involved itself in."
"Fine. Thank you very much."
"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. Are there further Amendments?"
"There are no further Amendments."
"Third Reading. On this Order of Business appears House Bill 1096. Mr. Clerk, read the Bill."
"House Bill 1096, a Bill for an Act to amend an Act in relationship to County Zoning. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?" 60 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"There are none." May 14, 1987
"Third Reading. On this Order of Business appears House Bill 1229. Mr. Clerk, read the Bill."
"House Bill 1229, a Bill for an Act to amend an Act in relationship to Mortgage Foreclosures. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, is being offered by Representative McCracken."
"Gentleman from DuPage, Mr. McCracken on Amendment #1."
"Speaker, I believe a Fiscal Note has been requested on this. Should we proceed now, or ..."
"Well, Ms. Flowers, there has been a Fiscal Note requested. You may wish to take this out of the record at this time. It's up to you. Alright. We'll take it out of the record. On this Order of Business appears House Bill 1341. Mr. Preston, did you wish to proceed? Mr. Clerk, read the Bill."
"House Bill 1341, a Bill for an Act to amend the Consumer Fraud and Deceptive Business Practices Act. Second Reading of the Bill. There are no Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, is being offered by Representative Preston."
"The Gentleman from Cook, Mr. Preston on Amendment #1."
"Thank you. Mr. Speaker, Ladies and Gentlemen of the House. Amendment #1 to House Bill 1341 was an Amendment requested by the Illinois Retail Merchants Association. It makes a small change in the Bill, this has to do with the marking in grocery stores of the price of products, and 61 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 where the original Bill said that it had to be marking on the shelves, because there are some wholesale or retailers that sell in bulk at lower costs, that display their prices conspicuously, but adjacent to, they sell in large cartons, so it's not right on the shelf, some products aren't sold off of shelves, but in large areas. So, they ask for this cleanup Amendment, which I agreed to, and I'd ask for your 'aye vote."
"The Gentleman from Cook, Mr. Preston, moves for the adoption of Amendment #1 to House Bill 1341, and on that, the Gentleman from DuPage, Mr. McCracken."
"Well, when trying to buy gum, I have had this problem, and I need this system of marking nearby, because when I buy gifts, when I come home and give them to the kids; I am always surprised at how much gum costs. So I am fully in support of this Amendment and the Bill."
"The question is, "Shall this Amendment be adopted?" Those in favor say 'aye', opposed 'no". In the opinion of the Chair, the 'ayes have it, and the Amendment is adopted. Are there further Amendments?"
"There are no further business... Amendments."
"Third Reading. On this Order appears House Bill 1785, Mr. Clerk. Excuse me. Mr. O'Connell, do you wish to proceed? Alright, we'll take this Bill out of the record. On this Order of Business appears House Bill 2453, Mr. Laurino. 2453. Mr. Clerk, read the Bill."
"House Bill 2453, a Bill for an Act to amend the Dental Service Plan Act. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"There are none."
"Third Reading. On page twelve of the Calendar, on the Special Call Order, Administration of Justice, House 62 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Bills Second Reading appears House Bill 528. Mr. Parke. 528. Do you wish to have it read? Mr. Clerk, read the Bill."
"House Bill 528, a Bill for an Act to amend the Criminal Code. Second Reading of the Bill. No Committee Amendments. There are no Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, is being offered by Representative McCracken."
"Gentleman from DuPage. Mr. McCracken on Amendment #1."
"Thank you, Mr. Speaker. When this Bill was considered in Committee, the Committee requested that an Amendment be offered which would clarify the fact that, although the prior conviction must be pleaded, that it does not constitute an element of the offense, and that it would not go to the jury on that issue. Instead it would be considered at the sentencing hearing. and if found to have... and if the defendant were found to have had such prior convictions, then the enhancement would apply. It would make a second offense of criminal sexual abuse, a Class X Felony. Currently it's a Class 1 Felony. I move its adoption."
"Gentleman from DuPage moves for the adoption of Amendment #1 to House Bill 528, and on that, is there any discussion? There being none, the question is, 'Shall the Amendment be adopted?' All those in favor signify by saying 'aye', those opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"There are no further Amendments."
"Third Reading. On this Order appears House Bill 1040, Mr. Weaver, were you going to take that Bill? 63 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 Alright. Mr. Clerk, read the Bill."
"House Bill 1040, a Bill for an Act to amend the Criminal Code. 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, is being offered by Representative Homer."
"The Gentleman from Fulton, Mr. Homer on Amendment #2."
"Thank you, Mr. Speaker. Amendment #2 simply deletes the immediate effective date, so as to provide that if the Bill is signed into law that the judiciary system would have an opportunity to learn of its contents before implementing it. I ask for your favorable consideration."
"The Gentleman from Fulton moves for the adoption of Amendment #2 to House Bill 1040, and on that, is there any discussion? The Gentleman from Coles, Mr.
Weaver. Weaver: "Thank you, Mr. Speaker. Representative Homer, what would be your idea then for the date of implementation of this Bill should it become law?"
"It is my understanding, Representative Weaver, that if a Bill is silent with respect to the effective date, it would January 1 of 1988. So, we're talking about a difference of only a couple of months, assuming the Governor would take action in August or September, the Bill wouldn't become effective until January 1. Let me just say that we had received a number of complaints from the Judiciary, not about this Bill, but about all... the practice of making Criminal Bills effective immediately, because apparently it 64 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 doesn't give enough time to the judges and the prosecutors to learn about the Bill, and this is just an Amendment to accommodate those criticisms."
"Thank you. Mr. Speaker, Members of the House. We do not fight the Amendment. We think it's probably a good idea, and we also endorse moving it forward."
"The question is, 'Shall the 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. Are there further Amendments?"
"There are no further Amendments."
"Third Reading. On this Order appears House Bill 1145. Mr. Clerk, read the Bill."
"House Bill 1145, a Bill for an Act in relationship to certain organizations which discriminate. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"There are none."
"Third Reading. On this Order appears House Bill 1350. Mr. Clerk, read the Bill."
"House Bill 1350, a Bill for an Act to amend the Unified Code of Corrections. Second Reading of the Bill. There are no Committee Amendments."
"Are there any Floor Amendments?"
"There are none."
"Third Reading. On this Order appears House Bill 1502. Mr. Clerk, read the Bill."
"House Bill 1502, a Bill for an Act to amend an Act in relationship to the Office of Public Defender. Second Reading of the Bill. There are no Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, is being offered by Representative Churchill." 65 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"The Amendment #1."
"Thank Gentleman from Lake, Mr. May 14, 1987 Churchill on you, Mr. Speaker, Ladies and Gentlemen of the House. When this Bill was before the Judiciary Committee, there was a great amount of discussion on the language that was contained in the Bill. There was a Bill over in the Senate that had language which was deemed superior, and I was requested by the Committee to create an Amendment that would replace the language of the original Bill with the language of the Senate Bill. And that's all this does, is to replace that language. The intent and content are both exactly the same."
"The Gentleman from Lake, Mr. Churchill, moves for adoption of Amendment #1 to 1502, and on that, is there any discussion? The Gentleman from Cook, Mr. Cullerton."
"Yes, Mr. Speaker. I haven't been able to read it, because I don't have a copy. Do we have a copy of this? Has it been printed? Has it been distributed? Has it been, as Representative Giorgi says, promulgated?"
"The Amendment has not been printed and distributed, Mr. Cullerton. Mr. Churchill, what is your pleasure, Sir? Mr. Churchill."
"I believe that the Sponsor of the next Amendment is discussing the matter with Representative Cullerton at this time. If you wish, I'll take the matter out of the record for awhile. Okay, you want it out of the record? We'll take it out of the record for awhile."
"Alright, the Bill is out of the record. Representative Braun in the Chair."
"On page twelve of the Calendar appears House Bill 1853. Representative McCracken. Mr. Clerk, read the Bill."
"House Bill 1853, a Bill for an Act relative to 66 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 the protection of trade secrets and remedies for the misappropriation. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments? Any Floor Amendments? Representative McCracken, for what reason do you rise?"
"I would like to take this out of the record, please."
"Out of the record. We are going to go back on the Calendar to House Bill 2, Representative Cullerton. Representative Cullerton. House Bill 2, out of the record? House Bill 3, Representative Matijevich. Mr. Clerk, read the Bill."
"House Bill 3, a Bill for an Act in relation to Smoke Detectors. This Bill has been read a second time previously. Amendment #5 was adopted."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"No, no further Amendments."
"Has the Fiscal Note been filed?"
"The Fiscal Note has been filed as amended."
"Third Reading. On the Special Order, Economic Development. On Page 6 of the Calendar appears House Bill 1309, Representative Currie. Representative Currie. Mr. Clerk, read the Bill."
"House Bill 1309, a Bill for an Act to amend the Environmental Protection Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 1882, Representative Dunn. Representative Dunn. Is the Gentleman in the 67 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 chamber? Mr. Clerk, read the Bill."
"House Bill 1882, a Bill for an Act to amend an Act creating the Board of Higher Education. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. Representative Dunn, a Fiscal Note has been requested. Has one been filed?"
"Fiscal Note? No, I don't have a Fiscal Note. Not yet."
"The Bill will then return and will remain on the Order of Second Reading. House Bill 1887 is out of the record. House Bill 2102, Representative Granberg. Representative Granberg on 1882... on 2102. Mr. Clerk, read the Bill."
"House Bill 2102, a Bill for an Act to amend the Illinois Enterprise Zone Act. Second Reading the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1."
"For what reason does the Gentleman from Sangamon, Representative Curran, rise?"
"Madam Speaker, for an announcement. We have with us our Congressman from the District your sitting and standing in, Congressman Dick Durbin, from the 20th District, right down here in the well."
"Mr. Coal. Mr. Coal. Welcome."
"Floor Amendment #1, offered by Representative McCracken."
"Chair recognizes the Gentleman from DuPage, Representative McCracken on Amendment #1."
"Withdraw that, please."
"Amendment #1 is withdrawn. Further Amendments?"
"Floor Amendment #2, offered by Representative 68 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day McCracken." May 14, 1987
"Gentleman from DuPage on Amendment #2."
"Thank you, Madam Speaker. Amendment #2 would make the creation of the Enterprise Zone in or around Centralia, permissive, and also provides that if one is created, it will be in addition to the number of Enterprise Zones which may be certified by the Department. I move its adoption."
"The Gentleman has moved the adoption of Amendment #1. (sic Amendment #2) and on that, is there any discussion? The Chair recognizes the Gentleman from Clinton on Amendment #2."
"Thank you, Madam Speaker. We are objecting to any Amendment to the Bill, at this point, and I would have to ask that Mr. McCracken's Amendment be defeated."
"Is there further 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 'nos' have it, the Amendment fails. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2254, Representative O'Connell. Mr. Clerk, read the Bill."
"House Bill 2254, a Bill for an Act to amend the Environmental Protection Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 2349, Representative Currie. Out of the record. On the Special Order Children, House Bills Second Reading appears House Bill 93, Representative Curran. Mr. Clerk, read the Bill. Page 13 of the Calendar."
"House Bill 93, a Bill for an Act to amend an Act 69 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 creating the Department of Children and Family Services. 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 Curran."
"Chair recognizes the Gentleman from Sangamon, Representative Curran on Amendment #2."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Amendment #2, to House Bill 93, becomes the Bill. It requires the Department to tell us on January 1st, next year, how they will intend to implement a massive training and education program for mandated reporters, state's attorneys, judges, day care workers, and the like. It also requires the Department to tell us how they would implement a pilot program for the computerization of the investigative and follow-up functions of the Department. It also requires the Department to give a sort of an unofficial referral in those cases where the Department has no services to provide a specific family, but the Department feels that that family could benefit from some of the volunteer organizations, services, that might be available. That's what House Bill 93 does at this point. I believe that it is concurred with by the Department, and with the Minority Spokesman of the subcommittee, and I ask for a favorable ... I move for the adoption of the Amendment."
"The Gentleman has moved the adoption of Amendment #2 to House Bill 93, and on that, is there any discussion? There being none, the question is, 'Shall Amendment #2 be adopted?" All in favor say 'aye', opposed say 'no'. In 70 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 the opinion of the Chair, the 'ayes' have it, the Amendment is adopted.
Further Amendments?" "No further Amendments."
"Third Reading. House Bill 97, Representative Curran. Mr. Clerk, read the Bill."
"House Bill 97, a Bill for an Act to amend an Act creating the Department of Children and Family Services. 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 Curran."
"Chair recognizes the Gentleman from Sangamon on Amendment #2."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Amendment #2 becomes the Bill. It simply states that the Department shall phase in a reduction in the caseload from the present, for follow-up workers, which is about 45 to 1, and for investigators which is about 18 or 20 to 1, down to a 30 to 1, in the case of follow-up workers, down to a 12 to 1, in the case of investigators, phased in over a five year period. the Department is neutral on this Amendment. This is the way I wish this Bill to be, and I move for the adoption of Amendment #2."
"The Gentleman has moved the adoption of Amendment #2, and on that, is there any discussion? There being none, the question is, 'Shall Amendment #2 be adopted?" All in favor say 'aye", opposed say 'no'. In the opinion of Chair, the *ayes" have it, the Amendment is adopted. Further Amendments?"
"Floor Amendment #3, offered by Representative 71 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day McCracken."
"Chair Amendment #3." May 14, 1987 recognizes the Gentleman from DuPage on
"Thank you, Madam Speaker. This would allow DCFS, when developing this reasonable workload standards, to differentiate between different types of cases that workers may be involved in."
"The Gentleman moves the adoption of Amendment #3, on that. Is there any discussion? The Chair recognizes the Gentleman from Sangamon, Representative Curran."
"Madam Speaker, would the Sponsor of the Amendment answer a question?"
"Yes."
"Representative, would you intend to do, by this Amendment, is to distinguish between the kinds of cases that are given to investigators and follow-up workers?"
"Yes."
"On the basis of whose analysis? The Department's analysis?"
"Yes, it would be the Department."
"Is there a procedure currently in place for determining what kind of cases we are talking about? Or would this be a new procedure?"
"It would require a new procedure, as a part of the standards which you are asking them to promulgate."
"So, what we would find then, is that an investigator, or a follow-up worker would, by virtue of your Amendment and my Amendment together, be not handling all serious cases or all easy cases, but a combination of serious and easier cases."
"Correct."
"I second ... I move for the adoption of the Amendment, It sounds like a good idea to me." 72 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
Speaker Braun: "The Gentleman has moved the adoption ... Representative McCracken has moved the adoption of Amendment #3. All in favor say 'aye, opposed say 'no". In the opinion of the Chair, the 'ayes' have it, the Amendment is adopted. Further Amendments?"
"Floor Amendment #4 offered by Representative McCracken."
"Gentleman from DuPage on Amendment #4."
"Madam Speaker, #3 was technically incorrect, #4 is the same thing. I move to Table #3, and adopt #4."
"The Gentleman has moved to table Amendment #4, Amendment #4 is... I'm sorry. The Gentleman has moved to table Amendment #3. Amendment #3 is tabled. The Gentleman moves for the adoption now of Amendment #4. All in favor say 'aye, opposed say 'no". Representative Curran."
"Madam Speaker. I didn't realize, Tom, but there is an Amendment #5 now, which is sort of a technical Amendment as well. I like what you are trying to do with Amendment #4 instead of Amendment #3. I would be willing to bring this Bill back on Third Reading, because what you want to do is what I wanted to do, also. But Amendment #5 is important and I want to put that on, because what it really does is corrects a technical error in the earlier version of the Bill. You have my word that on Third Reading we can bring this Bill back and accomplish your purpose because, frankly, I think it's a good idea. But my Amendment #5, now, would delete your..."
"Would delete everything prior. I understand."
"...It was never my intention, it's just the way the Bills got ... the Amendments got filed."
"Okay, that's fine."
"Gentleman from DuPage."
"I'll withdraw Amendment #4 at this time, and we'll 73 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE get it drafted correctly."
May 14, 1987 "Amendment #4 is withdrawn. Are there Further Amendments?"
"Floor Amendment #5, offered by Representative Curran: Curran." "Madam Speaker. I have explained Amendment #5, and move for the adoption of that Amendment."
"The Gentleman moves the adoption of Amendment #5, and on that, is there any discussion? There being none, the question is, 'Shall Amendment #5 be adopted?' All in favor say 'aye', opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 99. Mr. Clerk, read the Bill."
"House Bill 99, a Bill for an Act in relation to Child Abuse and Neglect. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 546, Representative Preston, Mr. Clerk, read the Bill."
"House Bill 546, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 548 (sic - 547), Representative Preston. Mr. Clerk. 547. Mr. Clerk, read the Bill." 74
75 Speaker Braun: "The Gentleman has moved the adoption of Amendment adoption of this Amendment." through 12 of the original Bill. And I move for the What it does is, delete lines from 7 Services. and Family Amendment #1 was asked for by the Department of Children
"Thank you. Madam Speaker, Members of the Assembly. Island on Amendment 1."
"The Chair recognizes the Gentleman from Rock DeJaegher."
"Floor Amendment #1, offered by Representative
"Any Floor Amendments?"
"No Committee Amendments." Second Reading of the Bill. No Committee Amendments." in relation to the adoption of persons. "House Bill 973, a Bill for an Act to amend an Act
"Third Reading. House Bill 973, Representative DeJaegher. Mr. Clerk, read the Bill."
"House Bill 548, a Bill for an Act to amend an Act in relation to prevention of developmental disabilities. Second Reading of the Bill. No Committee Amendments."
Preston. Speaker Braun: "Mr. Clerk, the board does not describe the Bill under consideration. If you could... The Chair recognizes the Gentleman from Cook, Representative Preston, on House Bill 548."
"No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 548, Representative Preston. Mr. Clerk, read the Bill."
"House Bill 547, a Bill for an Act in relation to the Illinois Department of Children and Family Services. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"No Committee Amendments." 46th Legislative Day May 14, 1987 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day 1. And on that. is there any May 14, 1987 discussion? The Chair recognizes the Gentleman from McLean, Representative Ropp."
"will the Sponsor yield?"
"He indicates he will."
"What does that do when you just remove those lines?"
"973 was negotiated with the and Family Services, and renewed... taking some of Department basically, the of Children it was going to be element away from Department, and basically, that hasn't happened, Gordy." the
"Okay. Thank you."
"Is there further discussion? There being none, Speaker Clerk the question is, Shall Amendment 1 be favor say adopted?' All in In the opinion of the 'aye', opposed say 'no. Chair, the 'ayes' have it. The Amendment Further Amendment?"
"Floor Amendment #2, Cullerton." Speaker Braun: is adopted. offered by Representative "The Chair recognizes the Representative Cullerton on Amendment 2."
"Thank the House. Gentleman From Cook, you, Madam Speaker and Ladies and Gentlemen of This Amendment deals with a situation there is a foster where child living with a foster parent who begins adoption proceedings and then the child dies. This would allow for the adoption of the dead child. acquire the adopted parents cannot estate of any However, interest in the the deceased person, nor could they acquire any other rights or incur any obligations of the deceased person. This just simply would allow for the adoption, and I would move for the adoption of the Amendment."
"Is there further discussion? recognizes the Gentleman from McDonough, Slater."
"Would the Sponsor yield?" The Chair Representative 76 77 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"No."
"It appears to me that this is the kind of legislation that this State of Illinois doesn't need. What it deals is the adoption of a person who is deceased. And, with generally, when we talk about legal proceedings and we talk about the law when somebody dies, the issue becomes moot. I think, really, what Representative Cullerton is trying to do here is not... is not really enhance the law as it relates to civil proceedings in adoption, but the Bill really is a Chicago election Bill. And what he's trying to do is to get more people on the Chicago rolls. And by virtue of allowing a parent, and he says a foster parent, and it's not simply limited to that, but allowing a parent to adopt a dead person, that's exactly what's going to happen. We're going to have more voters on the Chicago rolls. I urge the defeat of this Amendment. Thank you."
"Is there further discussion? The Chair recognizes the Representative from Cook to close, Representative Cullerton."
"Yes, thank you, Madam Speaker and Ladies and Gentlemen of the House. I think everybody knows that I have as good a sense of humor as anybody else on the House floor. Normally I'm happy to go along with making light of certain subjects. But unfortunately, when you come to the issue of adoption - I discovered a few years ago - it really, really evokes emotions. What we're talking about here is something which is very serious, foster parents and bringing up a child, they begin adoption proceedings they discover after the child, unfortunately, dies that they could not and cannot proceed to be able to say that this was their child. We have carefully drafted the Amendment so that it does not have any adverse legal ramifications. but it does allow for the foster parents to 78 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 be able to say that they did, indeed, raise their own child. And for those reasons, I would ask you not to make light of the Amendment and please adopt it."
"Is there further discussion? "Shall Amendment #2 be adopted?" The question is, All in favor say 'aye', opposed say "no". In the opinion of the Chair, the... All in favor vote 'aye', opposed vote 'no". Have all voted? Have all voted who wish? Voting is open. The Clerk will take the record. On this question there are 67 voting 'aye, 44 voting 'no. The Amendment is adopted. Further "No further Amendments."
Amendments?"
"Third Reading. House Bill 1424, a Bill for an Act to amend the Child Care Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Morrow."
"The Chair recognizes the Gentleman from Cook, Representative Morrow on Amendment 1."
"Thank you. Madam Speaker, Ladies and Gentlemen of the House. Amendment #1 was offered in agreement with DCFS to do two things. to change the wording from 'child care facility to 'child care institution maternity center, day care center and group home.. It also makes one other change, to change the wording from the 'Department shall offer. to 'may offer. Amendment #1. Thank you."
And all in favor... On that, is there any discussion? "The Gentleman moves the adoption of Amendment 1. 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 There being none. the question is, 'Shall Amendment 1 be adopted?" All in favor say 'aye", opposed say 'no". In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"Floor Amendment #2, offered by Representative White."
"The Chair recognizes the Gentleman from Cook, Representative White on Amendment 2."
"Madam Speaker, and Ladies and Gentlemen of the House, Amendment 2 adds one word to the Bill. Right now the Bill deals with teaching of CPR, and my Amendment will also add the Heimlich method as well. When you're dealing with young people at some of these day care centers, it's important to have someone on hand who is knowledgeable about the Heimlich method and CPR. And my Amendment deals with adding of the word "Heimlich method"."
"The Gentleman has moved the adoption of Amendment 2. And on that, is there any discussion? The Chair recognizes the Gentleman from Kane, Representative Kirkland."
"Representative White, I guess I just ask... if the Bill goes this way, I suppose there is no harm in the Amendment. How long does it take to teach the Heimlich method? Do you know?"
"A matter of hours. I learned how to do it by way of emergency on three occasions, very quickly."
"Yeah, I would think it would be taught fairly quickly. Thanks."
"Is there any further discussion? There being none, the question is, 'Shall Amendment 2 be adopted?' All in favor say 'aye', opposed say "no". In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?" 79 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987
"No further Amendments."
"Third Reading. House Bill 1469, Representative Curran. Mr. Clerk, read the Bill."
"House Bill 1469, a Bill for an Act to amend an Act relating to family preservation. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 1546, Representative Preston. Mr. Clerk, read the Bill."
"House Bill 1546, a Bill for an Act to amend an Act in relation to employer discrimination against child care workers. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 1868, Representative Hannig. Representative Hannig. Mr. Clerk, read the Bill."
"House Bill 1868, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Amendment... Amendment #2, offered by Representative Didrickson."
"I wish to withdraw that Amendment, please."
"The Lady withdraws Amendment 2. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 1969, Representative Ryder. Mr. Clerk, read the Bill."
"House Bill 1969, a Bill for an Act to amend an Act 80 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 to establish training requirements for child welfare workers. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 29... On page 14 of the Calendar on the Order of Small Business, House Bills Second Reading, appears House Bill 494, Representative Jones. Mr. Clerk, read the Bill."
"House Bill 494, a Bill for an Act to amend an Act concerning entrepreneurial training. It's been read a second time previously."
"Any Floor Amendments? Representative Jones, the Bill seems to be lost in the shuffle somewhere. If you could pull it out of the record just for a moment and we'll come right back to you as soon as it's located. House Bill 1164. Representative Tate. Representative Tate on 1164. Mr. Clerk, read the Bill."
"House Bill 1164, a Bill for an Act to amend the Illinois Insurance Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Tate."
"The Chair recognizes the Gentleman from Macon, Representative Tate on Amendment 1."
"Withdraw Amendment #1."
"Amendment 1 is withdrawn. Further Amendments?"
"Floor Amendment #2 is being offered by Representative Tate."
"The Gentleman from Macon on Amendment #2." 81 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Thank you, Madam..." May 14, 1987
"For what reason does the Gentleman from Fulton, Representative Homer, rise?"
"Two questions for the Chair. Number one, is this Amendment printed and distributed?"
"No, it is not. Representative Homer."
"My second question was going to be whether the Amendment is germane, but I don't know if you need two knock out blows or not here."
"Representative Tate, what is your pleasure with regard to Amendment 2?"
"Well, Madam Speaker, is Amendment #2 distributed? I..."
"No, Sir, it is not."
"It is not?"
"It is neither printed, nor distributed."
"Well, then, in that event, we filed this Amendment early yesterday, and I would ask the Speaker to take it out of the record and get back to that today."
"The Bill is taken out of the record. House Bill 1585, Representative Mautino. Representative Mautino, 1585. Mr. Clerk, read... Mr. Clerk, read the Bill."
"House Bill 1585, a Bill for an Act to amend the School Code. Second Reading of the Bill. There were no Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, is being offered by Representative Mautino."
"The Chair recognizes the Gentleman from Bureau on Amendment #1."
"Thank you very much, Madam Speaker. Amendment #1 changes an error that was in the original proposal which shows that the public, private funding was reversed. One second, Carol." 82 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"Representative Mautino."
"Thank you very much, Madam Speaker. I'd like to withdraw Amendments 1 and 2 and go with Amendment 3."
"The Gentleman has withdrawn Amendments 1 and 2 and is recognized to present Amendment 3. Representative Mautino."
"Thank you, Madam Speaker. In Amendment #3, the corrective measures are provided, on page 2 of the Amendment, that sets up the funding on a four year reduction basis as it pertains to public funds and adds a similar amount in private funds. I move for the adoption."
"The Gentleman moves the adoption of Amendment 3. And on that, is there any discussion? There being... Yes, the Gentleman from DuPage, Representative McCracken on Amendment 3."
"If the Amendment were adopted, Representative, what would the Bill do?"
"It creates the Illinois Institute for Entrepreneurship Education at Northern Illinois University, and it oversees the entrepreneurship program and provides for public and private funds to fund the program and it's a combination of both, and that's basically what the Amendment and the Bill would do."
"Will an appropriation be necessary to get this off the ground?"
"The appropriation and fiscal note has been filed. The legislation would only be enacted if, in fact, it were included in Northern Illinois University's budget and appropriation request."
"Is there a branch of specialization within education for entrepreneurship?"
"There will be with this Amendment since there is already a Illinois Institute of Entrepreneurship Education 83 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 throughout the statewide in the higher education community. This establishes the... we needed a place to call home, so we did it this way rather than the State Board of Education, and it provides for that entrepreneurship education provision."
"Okay. Thank you."
"The Gentleman has moved the adoption of Amendment 3. On that, is there any further discussion? There being none, the question is, Shall Amendment 3 be adopted?" All in favor say 'aye', opposed say 'no'. In the opinion of the Chair, the 'ayes have it. The Amendment is adopted. Further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 1592, Representative Shaw. Representative Shaw. Is the Gentleman in the chambers? Out of the record. House Bill 1683, Representative Mautino. Mr. Clerk, read the Bill."
"House Bill 1683, a Bill for an Act to amend the Build Illinois Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Hallock and Klemm."
"The Chair recognizes the Gentleman from Winnebago, Representative Hallock on Amendment 1."
"I move to withdraw, please."
"The Amendment is withdrawn. Further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 2444, Representative Stange. Representative Stange. Is the Gentleman in the chamber? Mr. Clerk, read the Bill."
"House Bill 2444, a Bill for an Act to amend the Prairie State 2000 Authority Act. Second Reading of the 84 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 Bill. There are no Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1. is being offered by Representative Didrickson and Tuerk."
"The Chair recognizes the Gentleman from DuPage... the Lady from Cook on Amendment 1. Representative Didrickson, on Amendment 1."
"Withdraw that Amendment, please."
"The Amendment is withdrawn. Further Amendments?"
"Floor Amendment #2, being offered by Representative Mays."
"The Chair recognizes the Gentleman from Adams, Representative Mays on Amendment 2."
"Withdraw."
"Amendment 2 is withdrawn. Further Amendments?"
"Floor Amendment 3, being offered by Representative Mays."
"The Gentleman from Adams on Amendment 3. Representative Mays withdraws Amendment 3. Further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 2445, Representative Stange. Mr. Clerk, read the Bill."
"House Bill 2445, a Bill for an Act to amend the Illinois Small Business Purchasing Act. Second Reading of the Bill. There are no Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. Representative Jones, apparently House Bill 494 has not been located yet in the Clerk's Office. We will, however, come back to it before we conclude with the Special Orders on Second Reading, hopefully. On the Special Order of Banking, House Bills 85 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Second Reading, May 14, 1987 appears House Bill 1358, Representative Wolf, the Gentleman from Madison. Mr. Clerk, read the Bill."
"House Bill 1358, a Bill for an Act to amend an Act in relationship to the regulation of electronic fund transfers. Second Reading of the Bill."
"Any..."
"Amendment #1 was adopted in Committee."
"Any Motions filed?"
"There are no Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 1687, Representative McCracken. Mr. Clerk, read the Bill."
"House Bill 1687, a Bill for an Act to amend the Illinois Banking Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2525, Representative Capparelli. Mr. Clerk, read the Bill."
"House Bill 2525, a Bill for an Act in relation to banks in sale of insurance. Second Reading of the Bill. There are no Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, is being offered by Representative Churchill and Capparelli."
"The Chair recognizes.... For what reason does the Gentleman from Cook, Representative Cullerton, rise?"
"I just want to ask the Gentleman a question after he presents the Amendment."
"Okay. The Gentleman from Lake, Representative Churchill on Amendment 1." 86 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987
"I move to withdraw Amendment #1."
"The Amendment is withdrawn. Further Amendments?"
"Floor Amendment #2, is being offered by Representative Churchill and Capparelli."
"The Gentleman from Lake on Amendment 2. Representative Cullerton, for what reason do you rise?"
"Yes, Madam Speaker, I don't believe that the Amendment has been printed or distributed."
"The Gentleman is correct. The Amendment has neither been printed. nor distributed. Representative Churchill."
"I believe it's up to the Sponsor of the Bill to determine whether or not he wants to take it out of the record at this point."
"That's correct. You are correct. Representative Capparelli."
"Has the Amendment been printed?"
"No, Sir, it has not."
"Mr. Cullerton, are you satisfied with my explanation?"
"Representative Capparelli, what is your pleasure?"
"Representative Cullerton."
"Yes. Representative Capparelli has indicated to me that Amendment #2 is very similar to Amendment #1, but just Amendment #1 had some technical problems. unless it was corrected in Amendment #2. On the other hand, if the Chair would assure Representative Capparelli, that you'll come right back to the Bill as soon as it's distributed..."
"The Bill will be taken out of the record. Thank you, Representative Cullerton."
"That's up to you."
"House Bill 2546, Representative Piel. Mr. Clerk, 87 46th Legislative Day STATE OF ILLINOIS 85th GENERAL AS SEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 read the Bill."
"House Bill 2546, a Bill for an Act to amend an Act in relationship to the regulation of electronic fund transfers. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2804. Representative Mays. Representative Mays, on 2804. Out of the record. Have we... We have two Bills, as of this moment on the Order of Second Reading, to which we've made commitments that we'll come back. That being the case, we will proceed to the Order of Third Reading, House Bills, on the Order of Farm... Special Order, Farm Development. Page 5 of the Calendar. Got to clear the... clear the board, please, Tony. On page five of the Calendar appears House Bills... House Bill 375. House Bill 375, Representative Stange, the Gentleman from Dupage. Mr. Clerk, read the Bill."
"House Bill 375, a Bill for an Act to amend the Insects Pest and Plant Disease Act. Third Reading of the Bill."
"The Gentleman from DuPage."
"Thank you, Madam Chairman, Ladies and Gentlemen of the House. House Bill 375 amends the Insect and Plant Disease Act, redefines dealer to exclude the definition, any retail store whose annual sales of nursery products is 5,000 dollars or less obtains its nursery stock only from a licensed nursery'. I appreciate your 'yes' vote."
"The Gentleman has moved the passage of House Bill 375. And on that. is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Cullerton."
"Is this your reelection Bill?" 88 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Yes, it is."
"Okay. said." May 14, 1987
And what does it... I didn't hear what you Stange: "What this Bill actually does, retail store, such as a Dominicks, or a Jewel, or whatever, sells nursery products on weekends, little plants for a dollar ninety-five or little shrub for five dollars or nine dollars, or whatever, all these establishments have to have a nursery license. My Bill will eliminate that for a store that sells less than 5,000 dollars annually."
"A small dealer of nursery stock. You mean, small plants..."
"That's correct."
"That are sold? They would not have to get a certificate from the Department of Agriculture?"
"That's correct."
"What is the normal theory behind requiring sellers of plants to get a certificate from the Department of Agriculture?"
"I'm not quite sure on that. We're looking at disease and bugs and so forth, but that's already inspected prior. So, that would not affect that whatsoever."
"And what's the theory, then, behind exempting just the smaller ones?"
"It's just not necessary."
"But the larger ones, it is necessary?"
"It is not necessary under 5,000 a year, cause it doesn't amount to that much money, and probably would eliminate jobs, too."
"I see. Thank you."
"The Gentleman has moved the passage of House Bill 375. On that, is there any further discussion? There being none, the question is, 'Shall House Bill 375 pass?" 89 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 All in favor vote aye", opposed vote 'no". This is final action. The voting is open. Have all voted? Have all voted? Have all voted who wish? The Clerk will take the record. On this question there are 114 voting 'aye", none voting 'no', and House Bill 375, having received the Constitutional Majority, is hereby declared passed. House Bill 500, Representative Ropp. Out of the record. House Bill 700, Representative Richmond. Representative Richmond? Is the Gentleman in the chamber? Out of the record. House Bill 703, Representative Curran. Representative Curran? Is the Gentleman in the chamber? Where? Out of the record. House Bill 705, Representative Brunsvold. Representative Brunsvold? Is the Gentleman in the chamber? Out of the record. House Bill 706, Representative Granberg. Is the Gentleman in the chamber? Out of the record. House Bill 708, Representative Hannig. Representative Hannig? Mr. Clerk, read the Bill."
"House Bill 708, a Bill for an Act in relationship to the purchase, or contract to purchase, food by state agencies. Third Reading of the Bill."
"The Chair recognizes the Gentleman from Macoupin, Representative Hannig, on House Bill 708."
"Yes, thank you, Madam Speaker, Members of the House. One of the problems we eventually have in the agricultural segment of our society is the problem overproduction. And, if you look at what farmers have been able to do over the years, you'll see that probably the problems that they have is that they're too efficient, that they produce too much. And consequently, the Illinois farmer and the American farmer has found himself in an economic trap, because he has produced so much for so little. But we found in the world trade situation, something arrives, which, I think, is out of balance. We found here, in Illinois, at our own 90 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 46th Legislative Day state prison, a situation where the Department of Corrections was using Yugoslavian beef and pork at the detriment of our American products. So, what this Bill proposes to do is say that for state agencies, for agricultural products which are grown or raised in the United States, that we would only use American products, because we feel that the American farmer truly is the most efficient farmer and producer in the world and that on any kind of fair playing field, he certainly would win out, and that the problem is that when foreign countries bring in their subsidized grains or their subsidized product, that we're now going to put the American farmer in an unfair trading position and an unfair and unfortunate position economically. So, for those people who might say, well, let fair-trade and let the marketplace determine the prices and the products, I say, 'Fine, but let's make it a fair situation'. Fair traders would say that in those countries where we have a competitive edge and where we have a better product, that we should produce those products and export them to other countries. And, traditionally, we have done that in the United States with agriculture. But, what we're seeing here in this limited situation is a foreign government subsidizing a foreign agricultural product, bringing it into Illinois, selling that product at lower prices than the market value and then, in effect, hurting our Illinois and American farmers. So, this Bill addresses that problem by saying that for those agricultural products which we grow and produce in America, that the State of Illinois will buy those products. And I'd ask for your favorable support of this Bill."
"The Gentleman has moved the passage of House Bill 708. And on that, is there any discussion? The Chair recognizes the Gentleman from McLean, Representative Ropp." 91 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Thank you, Madam Speaker.
May 14, 1987 Would the Sponsor yield?" "He indicates he will."
"Representative, I, in part. concur with you a hundred percent. The problem is that in the United States, where we currently are buying more agricultural products than we are exporting, that's somewhat of a tragedy. I guess the biggest concern that I have on this piece of legislation is, though, that when we begin to designate, or almost eliminate, any kinds of fair-trade with any kind of agricultural product, the element of reciprocal problems have just begun. For if countries that are currently buying from us now in part should begin to say, 'We don't want your corn' or, 'We don't want your soybeans'. To me, the bigger concern that we have... we have a bigger concern with trying to get rid of corn and soybeans and wheat, which are much, in terms of dollars and cents, bigger portions of our agricultural community than the small portion of products that we currently may be buying that you have so indicated. So, in my opposition to your well-intended piece of legislation, I think is only the beginning of the potential trade war that would far more hurt the total U.S. agriculture and Illinois agriculture economy, than by passing this legislation, for this is only a beginning, a beginning of a.... what could be, in my judgment, a major disaster for all of agriculture that is far bigger in terms of corn production, soybean and wheat production that we're producing in the United States. And so, even though I welcome your well-intended measure, this is not a good Bill and we should not support it."
"Representative Hannig."
"Madam Speaker, at the request of my Leadership, I'll take this out of the record."
"This Bill is out of the record. House Bill... On 92 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 page six of the Calendar appears House Bill 261. House Bill 261, Representative Granberg. Mr. Clerk, read the Bill."
"House Bill 261, a Bill for an Act to amend an Act relating to rights of way. Third Reading of the Bill."
"For what reason does the Gentleman from McLean, Representative Ropp, rise?"
"Yeah, Madam Speaker, were you through with that Order of Business?"
"Yes, Sir. We... I decided to move on to another Order of Business, altogether, at the time."
"Did you have any major words of wisdom that directed that thought?"
"Yes, Sir. I just decided to change my mind. Proceed. House Bill 261, Representative.... House Bill... Representative... Representative Hallock."
"Yes, thank you, Madam Speaker. There was only one more Bill on that Order and that was Gordy Ropp's Bill. And additionally, you didn't really change the Order of Business, you just went from Third Reading to Third Reading, and you skipped 1041. I think it's probably an oversight, and I'd appreciate if you'd go back to Gordy's Bill."
"No, it wasn't. It wasn't. Representative Hallock, I'll give you the explanation, but I don't see this as a... it should not be a problem for you. There's a series of Bills on farms. Most of the Sponsors of those Bills were not in the chamber. We have had to pass over six of them. We started with Representative Hannig. There were two Bills left, one Democrat Bill, one Republican Bill. We decided to just skip that Order until such time as they may all be considered as a Subject Matter which, of course, is the purpose of the Subject Matter Call. We are 93 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 now proceeding to another Subject Matter with House Bill 261. The Chair recognizes Representative Granberg."
"Thank you, Madam Speaker. House Bill 261 amends an Act in relation to the Kaskaskia River Watershed. What it does, it prohibits the Department of Transportation from enacting rules providing that they can charge local communities for water withdrawal from that system. I would recommend its passage."
"The Gentleman has moved the passage of House Bill 261. And on that, is there any discussion? The Chair recognizes the Gentleman from McDonough, Representative Slater."
"Thank you, Madam Speaker. Would the Sponsor yield?"
"Indicates he will."
"Representative Granberg, why does the Department at the present time have the right to charge for withdrawal of water from the Kaskaskia River?"
"Representative Slater, at the present time, they do not."
"Well, then, why do we need this legislation if they don't have the right to charge for it at the present time?"
"Because the Department of Transportation Division Water Resources is promulgating rules to give them that authority to enact charges on local communities to charge for water withdrawal."
"Does the Department have the right to control the water that's withdrawn from all streams in the State of Illinois?"
"Representative Slater, that's our point, Sir. We don't think the Department should have that right, not in my district, not to charge local communities for water withdrawal where they haven't been charged in a hundred years." 94 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
May 14, 1987 "Well, the question is, why just the Kaskaskia River? Why not all rivers in the State of Illinois?"
"Representative Slater, as far as my knowledge goes, I do not know the Department promulgating rules to charge for water withdrawal from any other water system."
"Well, isn't there something to do with federal monies involved in this one?"
"Representative Slater, I think what the Department of Transportation is saying, and I don't mean to misinterpret their position, is that they want to charge local communities so in turn they can pay the Federal Government for monies that they had an agreement with in the 1960's."
"So, in the 1960's, the Federal Government expended funds or loan monies to the State of Illinois. Under some kind of a basis that if water was withdrawn by the communities, there would be a pay back. Is that correct?"
"To the best of my knowledge, yes it is, Representative Slater."
"So, if we pass this legislation, the chances are that... if we pass this legislation and thereafter, your communities down there on the Kaskaskia River take water away from the waterway, that means that the State of Illinois is going to be subjected to payment back to the Federal Government. Is that correct?"
"Yes, it is."
"And how much money will the State of Illinois have to pay back to the Federal Government."
"Representative Slater, I do not know. The Department of Transportation has filed a fiscal note. And, of course, since they're in opposition to the Bill, I question the credibility of the note. I did not object to it because I didn't want to bring any confrontational positions to this Bill, but if you note in the fiscal note, it states that a 95 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day drought period could happen once every four have substantially changed their position May 14, 1987 years. They because they informed us in public and private meetings this could occur once every 50 years. In the past ten years, this set of circumstances hasn't even come close to occurring. It has come in three different instances, this situation I'm sure you're familiar with, has come fairly close on three different occasions. All those occasions took place on the same day every year and was due to the Department of Army, the Corps of Engineers. We have talked with the Corps of Engineers. They're taking actions to correct this problem, and that's why we feel the Department of Transportation rules are no longer needed."
"Well, isn't it a fact that no other communities in the State of Illinois, other than those that are affected on the Kaskaskia River, have free water provided to them? That communities throughout the State of Illinois have to provide their own water systems and pay big money for those things?"
"Well, Representative Slater, I don't know. If we go back and talk to the people who have formed their small communities along those river sources, I'm sure they didn't go there just so they could have the Department of Transportation charge them for water."
"Well, also, you know, you talked earlier about the fact that we've never had to use this source. So, if we don't use this source, why do we need it? Why do we need this legislation?"
"Because the Department of Transportation is promulgating rules to, in fact, do that. I wish you'd bring that question to them, because I have asked them on seven different occasions."
"You mean, they're promulgating rules. These rules 96 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 haven't actually been adopted."
"They will be in the next month."
"But, who actually puts their stamp of approval on those rules? Isn't it put on by the Joint Commission on Administrative Rules? Isn't it the Legislature that approves them?"
"Yes, that's correct, Representative Slater. Let me give you a little background, if you don't mind, because I respect your opinion, but we've had a series of meetings with the Department of Transportation since last fall. On every occasion we have indicated to them we could resolve this problem without their promulgating rules, and their response is, "We're going to do it anyway.. That's the kind of arrogance we don't need from state agencies and that's the kind of arrogance we're getting from the Department of Transportation, and that's what upset the people in these small communities. And they want to make the Department responsive to the needs of the people and we're trying to do that."
"Thank you very much, Representative Granberg. To the Bill, Madam Speaker. It seems to me that what we have here is a real piece of special interest legislation. This is a situation that applies to communities in Representative Granberg's district. It is something that is a benefit to them and to them alone. Legislation should be enacted on the basis that it benefits all the people of the State of Illinois, equally. And, in this case, I don't get any benefit in western Illinois. You people from Chicago don't get any benefit from this legislation. And everybody who has the opportunity to pay taxes gets to pay for it. I urge its defeat. Thank you."
"Is there further discussion? The Gentleman from Perry, Representative Goforth." 97 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Thank May 14, 1987 Madam Speaker. Representative Slater, let me put this in context for you. We've met with these people several, several times. It is like Representative Granberg says, they told us in no uncertain terms, that they was going to do it no matter what the people in that district thought or what anybody else thought in the State of Illinois, they was going to do it. Now, let me tell you, all this amounts to is there is a trigger mechanism goes into effect. We've had that lake down there for years. It's bought and paid for. The taxpayers of Illinois paid for it. If the water level drops at a certain point where they have to use navagational things, then they want to put this trigger mechanism in effect, which will cost us 500,000 dollars a year. Now, none of the cities in my district mind a bit of paying for the water at the time that they're using it, but what they want to do, if it rains the next day and the pool fills back up, we still got to pay 500,000 dollars a year from now until doomsday. And the Federal Government is already paying for this project. They've already got their money. All the state wants is an unfair tax of 500,000 dollars a year for our people for the rest of our lives. It has never went into effect, this trigger mechanism has never been in effect, but I'11 guarantee you after these rules go in, this summer, they will do it. Now, also there was supposed to have been a pump put in at this area where they can pump out of the Mississippi River back to fill up the pool. It would've cost 1,000,000 dollars. Well, they ran short of money and they never done it. Well, I would a whole lot rather pay 1,000,000 dollars for that pump. It would solve the problem forever, and that's all we'd ever have to pay, but, no, they want to tax our people 500,000 dollars a year from now until hell freezes over. And I vote in support of 98 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day this Bill."
"The Gentleman from Cook, Cullerton." May 14, 1987
Representative Cullerton: "Well, I wasn't going to vote for it until I heard that speech, Madam Speaker. Is this Representative Granberg's first Bill... Representative Granberg, is this your first Bill?"
"Yes."
"Or is this Goforth's first Bill? Representative Granberg, would you yield for a question?"
"Absolutely."
"Is this your first Bill?"
"Yes, it is."
"Okay. That's all I wanted to know."
"Is there further discussion? The Chair recognizes the Gentleman from Cook, Representative Kubik."
"As long as this is Representative Granberg's first Bill, it really presents a dilemma. Just a point of clarification, Representative Granberg. How many communities are along the Kaskaskia River that are presently taking advantage of this situation?"
"Representative Kubik, I wouldn't say take advantage of it, because they've taken advantage of it for 150 years. They're going to be penalized and there are 22 communities ranging in size from 200 people upward that will penalized by the Department of Transportation's arrogance in promulgating these rules, contrary to the policy of the people, and hopefully, this Legislature."
"Representative Granberg, of those 23 communities, are they presently paying for the water that they're taking out of the Kaskaskia River?"
"No, they're not."
"They're not. Okay. Well, Madam Speaker, to the Bill. 99 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 As long as it's Representative Granberg's Bill, I think we ought to send it out of here and deal with it in the Senate."
"Is there further discussion? The Gentleman from Cook, Representative Ronan."
"Turn me on. Yeah, thank you, Madam Speaker. Will the Gentleman yield for a few questions?"
"He indicates he will."
"Reluctantly."
"Yeah, Representative... yeah, Representative Granberg, what's the position of the Illinois Department of Transportation on this Bill?"
"Chairman Ronan, and I do respect your opinion, they're opposed to this Bill."
"They're opposed to this Bill? How did this Bill get out of the Transportation Committee, then, if they're opposed to it?"
"Chairman Ronan, there is only one person I know who is stronger than the Department of Transportation and that's you."
"Representative Granberg, that's why the Bill got out of that Committee and that's why the Bill is going to pass out of the House. Their problem is over in the Senate, Representative Granberg. Congratulations."
"The Chair recognizes the Gentleman from Clinton, to close."
"Thank you, Madam Speaker. I'm glad to see such great bipartisan support. Representative Goforth should have been the principal on this. I've always respected that Gentleman. In summary, let me just say that this legislation is necessary because the Department of Transportation has, time and time again, refused to stop the rule making process until this Body could deliberate 100 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 this matter. We feel it's arrogant. We don't feel it's necessary, and we want to send them a message. They've got to be responsive, not only to the needs of this Legislature, but to the needs of the people. And we would ask for a favorable Roll Call."
"The Gentleman moves the passage of House Bill 261. The question is, 'Shall House Bill 261 pass?' All in favor vote 'aye', opposed vote 'no'. The 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... On this question there are 103 voting 'aye', 11 voting 'no', and House Bill 261, having received the Constitutional Majority, is hereby declared passed. House Bill 1730, Representative Rea. Mr. Clerk, read the Bill. House Bill 1730. Mr. Clerk, read the Bill."
"House Bill 1730, a Bill for an Act to amend the Illinois Coal Technology Development Assistance Act. Third Reading of the Bill."
"The Chair recognizes the Gentleman from Franklin, Representative Rea."
"Thank you, Madam Speaker, Members of the House. House Bill 1730 amends the Illinois Coal Technology Development Assistance Act. One sixty-fourth of the revenue coming from taxes levied in the Public Utilities Revenue Act goes to coal research and demonstration projects. And, when the Treasurer receives this amount, it is transferred to the Coal Technology Development Assistance Fund. Currently, there is no transfer of funds made in which a balance in the fund is 5,000... or 5,000,000 or more, and this Bill would eliminate that 5,000,000 stipulation. This is a Bill that came out of the Citizens' Energy Council, and it's a Bill that is necessary to keep Illinois coal competitive 101 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 with other fuel sources and with low sulfur content western coal. House Bill 1730 would serve to provide additional coal research. And, of course, the monies are already designated for that purpose with one sixty-fourth of the monies being designated for coal research development and demonstration projects. I would ask for an 'aye vote."
"The Gentleman has moved the passage of House Bill 1730. And on that, is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Cullerton."
"Yes, a quick question, Representative Rea. Could you tell me how the... how money goes into this Illinois Coal Technology Development Fund in the first place?"
"Yes, when the Treasurer receives the amount, the one sixty-fourth, it goes into the General Revenue Fund and then it is transferred to the Coal Technology Development Assistance Fund."
"Well, when the Treasurer receives what money?"
"The monies from the one sixty-fourth that is designated for coal research and development."
"One sixty-fourth of what?"
"Of the Public Utilities Revenue Act, the Message Tax Act and the Gas Revenue Tax Act."
"Oh, okay. And so, right now we have a 5,000,000 dollar cap on that fund?"
"Yes, that is correct."
"And, how much does the... how much... in the past, how much money has been transferred to the General Revenue Fund? In other words, how much money would you expect this fund to increase to, if we pass the Bill?"
"Well, I can tell you that it, of course, each year the amount that comes in, it varies somewhat. But I can tell you that over the last four years, there has been 21.5 102 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 million that has gone in and it had a potential of 39."
"How much?"
"39 million."
"If this passes, would it be impossible for any money to be transferred into the General Revenue Fund from this fund?"
"From this fund? Yes, because it is designated for this particular purpose."
"Well... couldn't..."
"And then this... the monies are administered through the Illinois Coal Development Board and the Department of Energy and Natural Resources for the various projects."
"I'm just wondering if something happened so that the Public Utilities Revenue Act, the Message Tax Act and the Gas Revenue Tax Act, if something happened where, for some reason or another, this one sixty-fourth became an enormous amount of money and we had 40,000,000 dollars or so in the fund, how much is expected to be reasonably needed?"
"Right now, we need all of it, really, in terms of... for a clean coal technology..."
"Well, you need all... you need all of the 5,000,000."
"We need more than that. That is not sufficient because of the acid rain issue that is facing this state, the Clean Air Act, and so, we do need the..."
"So, do they spend the 5,000,000 each year?"
"Yes."
"And... I just want to know one more time, what is the potential, then, for how much money could be put into this fund each year?"
"My guess is that... well... it could go up to, possibly, 10,000,000."
"Okay. And so, when that money is transferred to the General Revenue Fund, the government uses it for education 103 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 and stuff like that?"
"He may... I don't know. If that's borrowed... it's designated... it has to be set there for that purpose until it's transferred to the Coal Technology Assistance Fund. And this is a... in fact, the Citizens' Council on Energy was looking at the issues of technologies, the acid rain, what is needed here in Illinois, and we should be a forerunner in this area. rather than be taking a back seat."
"Well, whenever I see an opportunity to help southern Illinois with funds that are collected statewide, I like to remind you of it. Thank you."
"Thank you."
"Is there further discussion? The Chair recognizes the Gentleman from Cook, Representative Terzich."
"Yes, Representative Rea, I don't... I really don't know what the Illinois Coal Technology Development does. What do they do, and how many people do they have? I mean, do they give out millions of dollars or do they have employees or what do they do?"
"This money is used for coal research, for development programs on the use of Illinois coal, on clean technology of the coal."
"How long have they been researching this clean coal or dirty coal or sulfur free coal, I mean, how long have they been researching this?"
"I believe the Act was established in... it was either in '84 or '85 for this purpose."
"How long do they expect to be researching this. I mean, until the year 2000 or what? I mean, what do they do? I mean, it seems they expend a lot of money. Do they hire a lot of employees or they... do they get the coal company's 104 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day money or what do they do with it?" May 14, 1987
"The period of time this will... it will do a couple of things. One, It will hopefully reduce the time period that we would need monies for these purposes and secondly, it... by having some additional monies there, we can expedite, it means that we will be burning more Illinois coal, more jobs in the state, rather than importing coal from other states, bringing in, especially, the low sulfur western coal."
"Well..."
"So, economically, it will be a great boost to us to help deal with the problems of burning coal very cleanly."
"Well, what does the state have to do as far as researching whether or not the coal in the State of Illinois is high sulfur, low sulfur, acid rain or anything of that nature? Why aren't the coal companies who are, you know, sell this coal, why don't they do it? Why doesn't the University of Illinois do in their research department? Why do we need all of this money to see whether or not the coal has got sulfur, or, what, it's suppose to extract it or something or what?"
"Private industry is working as a partnership with the state. and when you talk about the universities, you're exactly right. The universities use much of this money and there is a center for coal desulfurization, and much of this money goes to that operation which includes our universities as well as industry."
"Well, could you tell me where this technology assistance program operates out of? Do they have any employees or do they give money to coal companies? What do they do with the money?"
"The monies may go into some type of a desulfurization testing program. It may go to... some of the monies may go 105 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 to the University of Illinois or to Southern Illinois University or to some other not-for-profit corporation and researching the various technologies. It may be like an ethanol project where you blend ethanol and coal together for desulfurization and then try to come up with a technology that is economically feasible to go commercially."
"Who determines who the benefactor is of all of the money that goes into this program?"
"Well, we, as the Legislators, approved a Coal Development Board, so, in essence, we set up the structure for this back earlier which you and I and others here supported."
"So, then you have a board out in southern Illinois that gets 5 or 10,000,000 dollars and they go and they just give it to whoever they want..."
"This... this is... in fact, there is more that goes to other parts of the state than to southern Illinois. Much of it goes into your area, because there is a coal research and development and there is plants up there on desulfurization, and we have some generating plants, for instance, that will put in new technology equipment for the cleaning of coal to demonstrate what they can do and try to refine it so it will be feasible to go commercially."
"Well, that sure is news to me because the only coal place we have is in the Museum of Science and Industry, and it's a lot of money."
"Further discussion? The Lady from Lake, Representative... the Chair recognizes the Lady from Lake, Representative Stern."
"Speaker... Madam Speaker and Members of the House, at the risk of telling you more than you wanted to know about coal, in 1982, when I ran for Lieutenant Governor, I learned a lot more than I ever wanted to know about coal, 106 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 because coal is the chief responsibility of the Lieutenant Governor, and Argonne Laboratories, for one, has a program called Fluidized Limestone Combustion Beds which burns the sulfur off our high sulfur coal and makes it burnable without creating the kinds of problems that create acid rain, and they are still working on scrubbers and the kinds of things scrubbers can do in trying to bring down the cost of these things. Illinois has more coal underlying it than any other state in the union, and it is extremely important to Illinois that we find a way of using that coal and selling that coal to our neighbors so they don't pay the higher cost for western coal, which many of our local merchants and corporations do. I urge your support of Representative Rea's Bill."
"Is there further discussion? The Chair recognizes the Gentleman from DuPage, Representative McCracken."
"I think the goal is worthy as well, but I think we should have some cap on it. And I understand the Gentleman's desire to raise the 5,000,000 dollar limit, but I'd be more inclined to put some other cap on that number so the General Assembly knows how much it is deferring to the Coal Development Board, or whatever the name of it is, and losing to the General Revenue Fund. So, if he wants to put a cap on it of some reasonable amount, I would support the Bill, but without the cap, I don't think we should."
"Is there further discussion? The Gentleman from Adams, Representative Mays."
"Thank you very much, Madam Speaker. Will the Gentleman yield for a question?"
"Indicates he will."
"Representative, how much are we proposing to transfer into this fund?" 107 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987
"There would be, at the present time, there would be, as I understand it, there would be a maximum of probably, probably would not even be 10,000,000, but a maximum of 10,000,000. That would be... that would include the 5,000,000 that's already transferred in."
"Where are we getting the money that we're transferring into this fund?"
"The money is already there, Representative Mays. In fact, it's collected for that particular purpose. It's one sixty-fourth of the Public Utilities Fund Act and was designated for this. And so, the Treasurer, when he collects it, all he has to do then is transfer it over. All we're doing is removing the 5,000,000 because of the crisis that we have in the State of Illinois for some additional monies there for coal research and development. Another problem is, when you can only do it in one month, is that that doesn't mean at the present time that you can't use more than 5,000,000 because there has been. But it means that you're talking about a cap in any one month. And this creates problems because whenever you go receiving all the applications on, especially on your grant program and you look and you review these applications, you try to do a funding cycle at the same time. So, you can't do it that way at the present time."
"I simply want to know, is this one sixty-fourth already in law?"
"Yes, it is."
"And you're saying that it's generating more than the 5,000,000 that you said it would generate, and you want to have the ability to spend whatever it generates. This is... is this in any way Exxon monies?"
"No. Absolutely not."
"Thank you very much." 108 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"The Gentleman... the Chair recognizes Representative Rea... Oh, is there further discussion? There being none, the Chair recognizes Representative Rea, to close."
"Thank you, Madam Speaker. Actually, the money is already designated for this purpose. It will help expedite the research and development that is needed. I would have no problem, when it goes over to the Senate, if they want to put a 10,000,000 cap on it, I'd have no problem, you know, whatsoever with that, but it is needed. And we need... and, again, let me reiterate that the members of the Coal Energy Citizens' Council took this under study, and this was one of the recommendations that they came forth with during this past year of work on desulfurization. So, I would ask for an 'aye' vote."
"The Gentleman moves the passage of House Bill 1738... of House Bill 1730. Question is, 'Shall House Bill 1730 pass?' All in favor vote 'aye', opposed vote 'no'. The voting is open. Speaker Madigan in the Chair. This is final action."
"Have all voted who wish? The Clerk shall take the record. On this question there are 106 'ayes', 6 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Record Representative Braun as 'aye'. On page 56 of the Calendar, on the Order of Motions, there appears a Motion relative to House Bill 477. The Chair recognizes Representative Braun."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 477 was actually debated extensively in the Judiciary Committee. However, we did not have an opportunity to vote on this Bill, and we thought it appropriate to have this issue considered by the entire Illinois House. Particularly, in light of development and 109 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 ruling by the Supreme Court. We thought it appropriate to bring this Bill to the floor of the House. The Committee did consider the Bill. They... the Committee actually did a very good job with the Bill, but no vote was taken on it because of the deadline. And so, I move to have the Bill taken from the Table so that we may consider it as a General Assembly. This will be the first time in the experience of over 89 percent of us to have an opportunity to vote on this Bill; because, when the House of Representatives passed the death penalty ten years ago, most of us were not sitting Members, a few of us were, of course, but most of us were not here. This will be the first time for this General Assembly to have an opportunity to address this issue. And so, I encourage your support for the Motion to take this Bill from the Table."
"The Chair recognizes the Chairman of the Committee, Representative O'Connell."
"Thank you, Mr. Speaker. The Representative is correct. We spent an hour and three quarters debating the issue of the death penalty in the Judiciary II Committee. We offered the Representative and Sponsor of the Bill, an opportunity to take a vote at that hearing, which occurred approximately two and a half weeks ago. She declined, at that time, to have a hearing, or rather a vote, and she was then given a chance the next time we met to take the vote without further debate. So, the Representative had all day on the last day of Committee hearings to simply take a vote and she declined and never raised the request. I would submit that a debate on the death penalty would take this Body hours. We have been making great advancements in the Body of this House over the past few days and we've got another full week of 11, 12 hour Session days. I respect the Representative and I respect her position on the Bill. 110 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 I respect the supporters of the Bill, but we did, in our Committee, give that Bill a fair and equitable hearing and the opportunity to take the vote was taken at that time."
"Mr. Countryman."
"Thank you. Mr. Speaker, Ladies and Gentlemen of the House. I'm Spokesman on the Committee and I have to affirm what Representative O'Connell has just said. I think Representative O'Connell, as Chairman of the Committee, went out of his way to give the Lady a full and fair hearing on her Bill. Unfortunately, the time when we heard that... the testimony on that, other Members of the Committee had other Committee meetings and I, at that time, said to her that I thought it would be appropriate if she withheld the vote until we could get all the Members present and she agreed. I respect her right to bring the Motion, but she did have plenty of opportunity on the final day for Committee meetings and she's a Member of the Committee and was there. I was there the entire time to give her an opportunity to have that vote, and I think that we have a number of items. We probably passed more Bills out of the House Judiciary II Committee than any other Committee. I haven't counted, but we passed out an awful lot of Bills and we have to deal with all those Bills. There isn't time to get into this. I doubt that she would have had the support to pass the Bill out of Committee, and I don't mean to argue the merits of it, but I think that the head count was probably against her at that time to bring it out of Committee. So, therefore, I reluctantly stand in opposition because I think we have devoted enough time in this General Assembly to this issue. And I, therefore, ask for a 'no' vote and ask the Chair... an inquiry of the Chair, how many votes does this take to remove from the Table?" 111 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 46th Legislative Day
"710"
"Thank you."
"Mr. Regan."
"Μг. Speaker, Hembers of the House. May I suggest in the interest of time, that the vote on this Motion is exactly how you would feel on the death penalty. So, let's get on with the vote."
"Mr. Parke."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Last fall, I sent out a survey in my district and the one question that had the highest return on it was, do you support the death penalty? Eighty-nine percent of the people in my legislative district said they supported the death penalty. I would venture to say that many people in Illinois support that, and I think this Bill should be... this request should be defeated."
"Representative Braun, to close."
"Thank you. Mr. Speaker. And, in all due deference to the Chairman of the Committee and the Minority Spokesman, it's not usual that I'm not aggressive about my wishes, but, as it was on the last day of Committee, there were so many Bills. I, perhaps, did not press the issue with the Chairman enough to take the vote at the time. And to that extent, I confess error. I did ask that the Bill be called. We just did not have time to get to it because there were so many other Bills. And recognizing that this is a volatile issue, recognizing it would not have been possible to have just a plain straight vote on this Bill, particularly, in light of the fact that many of the Committee Members had not participated in the earlier debate. We thought, I thought, at the time that we could go forward and pass the Bill the first time it was heard instead of taking a vote. And then, on the final day of 112 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Committee, we simply did not have the time to get to the Bill. I don't think it was for any lack of pursuit of the issue, certainly, recognizing that the support for the Bill or not would be an issue which should be brought to this General Assembly, I filed the Motion; otherwise, I would have just left the Motion and the Bill would have remained on the table. But, I filed the Motion, precisely, for reasons that Representative Regan speaks to, which is, we need to have a debate about whether or not Illinois ought to participate in killing of people and whether or not the death penalty, at this time, is an appropriate expression of our level of civilization. I don't think it is. There are many Members here who may have another view, but, in any event, I think that we ought to have an opportunity, if not today, at some point to debate the issue. And for that reason have moved to take this Bill from the Table."
"The question is, 'Shall House Bill 477 be taken from the Table and shall the Judiciary II Committee be discharged from further consideration of the Bill?' Those in favor will signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Representative Braun. Representative Braun."
"My voting switch, apparently, is not operating. Perhaps, Mr. Speaker, it could be voted from up there. Who voted me 'no'? Who did this? Who did this? Mr. Speaker, thank you very much."
"I just thought I'd vote the way you want to vote. That's all."
"Thank you, Mr. Speaker."
"Have all voted who wish? The Clerk shall take the record. On this question there are 24 'ayes', 92 'nos'. The Motion fails. On page 56 of the Calendar, on the Order of Motions, there appears a Motion relative to 113 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day House Bill 925. Capparelli." May 14, 1987 The Chair recognizes Mr. Capparelli.
Mr. Capparelli: "Thank you, Mr. Speaker. I'd like to move that this... House Bill 925 be taken from the table from the Elementary and Higher Education Committee. The Bill was heard there, but there... as usual, there were not enough Members at the time, and I move that we take this, 925, from the table at this time. Thank you."
"Mr. McCracken."
"I rise in support of the Gentleman's Motion. Representative Cowlishaw, our Spokesman, is not here today, but I believe she would be supporting this Motion."
"Mr. White. Mr. White."
"Mr. Speaker and Ladies and Gentlemen of the House. This Bill was heard in the Human Services Committee. As you were, it was heard in the Health Committee of the Elementary and Secondary Education Committee, and the Bill did not receive the kind of a response that would allow it to be heard on the floor at this time. I think that this Bill is probably one of the worst Bills that the General Assembly will hear this Session, and I think that it's only fair that we do all we can to help these young people who cannot or who should not, or who have not proven to be able to take care of themselves, and that the high schools, and the schools in the State of Illinois should be allowed an opportunity to dispense contraceptives in order for these young people to grow tall and straight. So, if you are in favor of supporting Parents Too Soon or if you are opposed to supporting Parents Too Soon, the decision is now. I am opposed to this Bill, and I think that we should do all we can to defeat it."
"Mr. Mulcahey."
"Thank you, Mr. Speaker. While it's true that the 114 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Subcommittee did, indeed, report out a 'do not pass' Motion, I think it was 3 to 2 or something like that, and even while... or it did have a 'do pass' Motion, and even though it did receive a hearing in Committee, it was one of those Bills, as happens so oftentimes around the General Assembly, where it was heard like at quarter to twelve in the morning, the attendance was down, and I believe that this Bill should have another hearing. I believe we should discharge at this particular time and hear the Bill on the House floor."
"Mr. Stephens."
"Thank you, Mr. Speaker and Ladies and Gentlemen. I rise in support of the Discharge Motion. House Bill 925 is probably the most important piece of legislation that we could be addressing on the House Floor. The issue of sex education and further provision of birth control devices, pills, et cetera, to our children is an extremely important sociologic issue. What we ought to be saying to the youth of Illinois, Mr. Speaker, is that it's alright not to have sex, that it's okay, and that we, the State of Illinois, the parents of Illinois, recognize a moral obligation not to succumb to the temptation, to assume that because there is a problem, that we are just going to go along with the problem and try to make it an easy road. Mr. Speaker, we ought to address the real issue, here. This is a moral issue. This is an issue of taking a stand, being supportive of America's children and not succumbing to the wishes of those who want to ignore the real problem. I urge an 'aye' vote."
"Representative Braun."
"Thank you very much, Mr. Speaker. The last speaker really gave me food for thought. I mean, the real problem, the real problem is what is being ignored in this General 115 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Assembly. The real problem isn't just young people just saying 'no', the real problem is, we have teenagers, we have babies having babies in these communities, particularly communities such as the one that I represent. You're talking about urban areas with young people, a media that we don't control. They read about sex, they hear about sex, and we stand here with our heads in the sand saying, 'Just say no.' And you can't have any help, any help, assistance, any direction, any guidance, from any of the institutions that we support. It is insane. It is insane to continue to bury your head in the sand, Representatives... Representative, to continue... to continue to say to these young people, 'We're going to give you this steady diet... We're going to give you this steady diet of... of unabridged sex, and then we're going to tell you, on the other hand, to do something else, and if you get in trouble, we're not going to help you. And if you get in trouble, we're not going to give you any guidance. If you get in trouble, we're not going to give you any assistance, and if you get in trouble, well, that's just too bad, and if you wind up 15 years from now on death row, we'll hang you.' I mean, that's what... the message you're sending out of here, today. We'll hang you or shoot you up with something. I mean, we have an obligation, a moral obligation, if you want to talk morality for a minute. We have a moral obligation to be responsive to the real world, not just as some slogans that somebody throws out there, not just to some fantasy world, not just to Disneyland. We have a responsibility to deal with the real world, and the real world is telling us that we have lost control of this issue. Our young people are having babies, and we are not giving them anything to show them the right way. You can moralize, you can preach forever, but I tell you now that 116 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 if you don't stand up and be responsive and be responsible to the issue, you will continue to deal with this phenomenon, you will pay sooner or later. You will pay when they have babies at 13. You will pay when they go on welfare. You will pay when they go in the prisons, and indeed, you will pay when you have to spend 50,000 dollars to get them in a position to be hung or electrocuted or injected lethally on Death Row. Ladies and Gentlemen, this is a terrible Bill, and I encourage your support. The Committee rejected this Bill. If we are to respect the Committee process, if we are to respect ourselves in this process, we should defeat this Motion."
"Mr. Kirkland."
"Thank you. Thank you, Mr. Speaker. First of all, I might indicate that the Health Subcommittee for the Elementary and Secondary Education gave this Bill a thorough hearing, where not only the five Members of the Subcommittee, but pretty much a packed house interested in this issue, so it got a very good hearing. Now, second of all, as most people know in this Assembly, this contraceptive issue has come up because a couple of areas in Chicago have approached this problem with a local solution that goes along with the terrible pregnancy numbers that come out of the areas where these clinics have decided to take this approach, and it is certainly only one of many approaches that these clinics use, and I guess I just think it's presumptuous for people around the State of Illinois who live in areas without these terrible, terrible numbers to... to try to get in the way and stop local attempts to solve a problem that existed, and these terrible numbers existed, long before contraceptives were ever contemplated as being provided from these clinics. The numbers were there long before this process started, 117 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day and I think it's a valid attempt. May 14, 1987 It's one of many alternatives to try to solve a terrible, terrible problem, and I think the Motion should be defeated."
"Mr. Greiman."
"I think this is... perhaps Ms. Braun and the Gentleman from St. Clair, Mr. Stephens, are both wrong. Perhaps it's not a moral question, and perhaps you shouldn't approach it that way. It's a question of what we do in terms of local control. Now, in the western end of St. Clair County, it's a little... or eastern end, it's a little different than in the middle of Cook County. And perhaps people in Cook County who run the schools are in a position to know what the morality of their people are what the needs of their people are, just as I don't presume to believe that people who live in the inner city necessarily know about the tranquility of Greenville, Illinois or some town like that. So, it's a big state. We're northern, we're southern, rural, urban. It's a question of local control. That's what this issue is all about. Leave it to the school districts. They're there. If they do the wrong thing, the people in their school... in those districts will throw them out, just like, maybe, they could throw us out. Those school districts are watched carefully. This will be an issue in every school district. Now, I don't know if the Gentleman from St. Clair's school district is passing out 'condominiums' or condoms or anything else, but I do know that it ought to be their call, just as it should be the call of the Chicago Board; of the Skokie Board; of the East St. Louis Board and so on through the state. So, this is an issue of local control. I hear that all the time, here, all the time, except when it comes to voting your switch, and then we say in State Government, 'let's us make the decisions for everybody. Let's us grab it away 118 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 from the local people." Trust the people who run the schools in this state. Trust the people who educate our children. Trust them. I trust them, and I vote... I'm going to vote 'no'."
"Representative Pullen."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. We should indeed support the Gentleman's Motion. This is a very current issue. It is an issue that should be debated on this House floor, and I believe that the Gentleman's Bill should be supported on this House floor, because schools are supposed to be for teaching and for learning, they aren't supposed to be for every social problem that comes along. And the schools do teach some things involving this issue. And then they come along and send another message by saying, "Just don't get pregnant." And what they teach when they do that is, they teach that the only risk in teen sex is pregnancy, and I think in this day and age, we all know better than that. It is ironic to me that this age of AIDS should be the time when we're handing out contraceptive pills in the school to send the girls out to get who knows what diseases, because the only risk, they say, in premarital teen sex is pregnancy. This is an issue that should be debated on this floor. There were problems with attendance in the Committee that day. The problems that we discussed on various other Discharge. Motions that were successful certainly obtained on this Bill, and so, I think that it is entirely appropriate to take this Bill from the table and place it on the Calendar and fight it out on Third Reading. I urge a 'yes' vote."
"Representative Young."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. There is a high school in my district or a high school in Chicago that is part of the program that 119 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day dispenses contraceptives. May 14, 1987 And just for a minute, let me through in that tell you the process that we went particular school before the decision was reached to allow their clinic to dispense contraceptives. All of us being elected officials, the first thing that came to my mind was not what was my own personal opinion on the subject, but how did the people in my community feel about this issue. The Board of Education of the City of Chicago wanted to know how we felt about the issue. We had to go out and survey, door-to-door, in the entire area of the parents of the children who were involved in this school. Ladies and Gentlemen, the support was overwhelming. Over 90 percent of the parents in the area at Orr High School, supported this program. Then we had to take the program down to the Board of Education, and at the Board of Education, there were hearings held over six months, six months worth of hearings where testimony was given. Just as much of the testimony was in opposition as it was in favor, but the significant thing, Ladies and Gentlemen, is that none of the opponents of the clinic lived in this school district. None of the opponents of the clinic had children in school. I say to you that the parents at Orr High School made a decision that they wanted this option, and it is an option. Before any child at Orr can participate in the birth control part of the health clinic, the parent has to come to school and sign a consent slip in person. It can't be done through the mails or over the telephone. Ladies and Gentlemen, this House... most people in this House don't want young children to get abortions. They don't want to give them money to live adequately on welfare. They don't want to provide infant mortality money in an adequate method. The reason our infant mortality rate in this state is disgraceful, because it's the young women from the inner 120 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 city areas, the young high school girls, who are not getting the proper nutrition, who are not getting the proper help from the state, who are becoming pregnant, and then people stand here, and I think it's kind of... kind of reminds me of the Jimmy Bakker situation as we get on television and stand and posture and say what should and shouldn't be done. Ladies and Gentlemen of the House, defeat this Amendment. Ladies and Gentlemen of the House, if you don't want contraceptives in your school district, then I believe you should have the right to go to your board of education and demand that they not be provided, but on the west side of Chicago, those residents have made a concrete decision. They went to the Board of Education and they were very resentful of the outsiders who came to testify about their children. What right does this Body have? These programs are not funded with state money. Not a penny of state money goes into dispensing contraceptives. Again, Ladies and Gentlemen, the issue here is whether or not you will let the parents decide what they want for their own children. I urge a 'no' vote to this Motion."
"Mr. Piel."
"Thank you, Mr. Speaker. I move the previous question."
"The Gentleman moves the previous question. Those in favor signify by saying 'aye', those opposed by saying 'no'. The 'ayes' have it. The previous question has been moved. Mr. Capparelli to close."
"Thank you, Mr. Speaker. I can understand the difference in feelings on this piece of legislation. That's why I have the Motion to Discharge. I would like the whole full House to hear the legislation, and I would like... How many votes do I need on this, Mr. Speaker?"
"71."
"Thank you, Sir. I'd like to see 71 green lights. 121 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Thank you." May 14, 1987
"The question is, 'Shall House Bill 925 be taken from the table and shall the Committee be discharged from further consideration of the Bill? Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Mr... Mr. Williams to explain his vote."
"Thank you, Mr. Speaker. I know we've heard the arguments, both pro and con, but, again, I represent a district that has the DuSable Clinic within it, and that is the clinic that basically serves the area which is... it's called the Robert Taylor's, which is the largest housing project in the... probably in the world. And it's really sort of surprising to watch this Body as we vote upon this, and I know prior to the program coming, there were 300 girls, the year before the program, who got pregnant - 300 girls, the oldest being 17, the youngest being 13. The year after the program, only 125 young women became pregnant, and I think it's important to understand what we're talking about. We're talking about basically having people who have no other choice, who have no other means of caring for children, who have no ability to take care of them, being forced into situations where the pregnancies and other things, hurt. I just basically would hope that you would consider this and give us your 'no' vote. We need your support. Thank you."
"Representative Barnes to explain her vote."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I had not really intended to speak on this issue, although everybody is well aware of what I believe in my heart. But, I take issue when a Member stands up on this floor and says that I have my head in the sand. I do not, and a week ago Monday, I attended a drug and alcohol abuse seminar on this floor, and they had students from all over 122 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 the State of Illinois, and they were very candid when we asked them questions, and when they said that in the fifth and sixth grade that there is alcohol and drugs available, that almost knocked the socks right off me, and it takes a lot to shock me, as most of the Members on this floor know. So now, we're going to... they have alcohol, they have drugs, and now we're going to be handing them contraceptives. I believe in guidance. I believe in education, but certainly, quit handing these kids all the wrong things. I support Capparelli's Motion."
"Mr. Preston to explain his vote."
"Thank you... Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise in opposition to this Motion. Some of the schools that Representative Young had referred to have as many as 60 percent of the girls who are in that school pregnant before they graduate from school. That's an outrageous set of circumstances for us to tolerate. Teen pregnancy results, frequently, most frequently in low weight birth weights of newborn children who end up being sickly children. Sickly children end up, statistically, being abused children. Abused children do poorly in school, and they end up in the criminal justice system, and all that can be brought back to... much of it can be brought back to teen pregnancy problems. This is an attempt by local school districts to deal with their problems. We have no business passing laws for the whole State of Illinois when certain school districts have a specific problem they are trying to deal with. We should not tie their hands behind their back and make it impossible for them to deal with the problem and search out solutions that they have found are, indeed, working in their schools. In some schools that have these clinics that are the subject of this Motion, the teen pregnancy has 123 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 gone down. That's the purpose of it, so that... that children do not keep having children. So, if the program is working, I can't imagine why we'd want to discharge Committee and pass this legislation. So, I'd ask you, please, vote 'no' on this Motion."
"Representative Didrickson to explain her vote."
"Thank you, Mr. Speaker. I have to admit, I've got a double standard. I'm voting 'no' against this Motion, and I wouldn't want one of those clinics in my high school, but I guess I'm fortunate enough that I don't have to have that particular situation. I've been to Orr High School, and I've been to Austin High School, and thank God the kids in my area don't have to deal with those kind of problems, but that... those are communities that are trying to deal with those problems with parental consent. It's not kids walking in and asking for these contraceptives, it's parents who are coming in and saying, "Let's work together and help us," and they're signing on the dotted line. Let's defeat this Motion. If it gets 71 votes, we're going to verify the Roll Call."
"Mr. Bowman to explain his vote."
"No, Mr. Speaker, I was going to also ask for a Verification of the Roll Call. Thank you."
"Representative Flowers to explain her vote."
"Mr. Speaker, I would like to, also, have a Verification."
"Mr. Pedersen to explain his vote."
"Thank you, Mr. Speaker. We live in a permissive society, and we're paying a horrible price for it. We've lost our self-discipline. There was a time when our citizens exercised self-discipline, so we know it's possible. Passing out contraceptives addresses the symptoms, not the problem. In addition, the schools have 124 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 enough to do in providing the basics without tinkering with all the social problems of our times. As Secretary of Education Bennett has said, 'This kind of activity in the school sends the wrong message to our children.. We should not be condoning such behavior, and we should be opposing it. I urge... I strongly urge support of this Motion."
"There are three others seeking recognition, but it's my memory that you three spoke in debate, SO you're not recognized to explain your vote. The Chair recognizes Mr. Stephens. Mr. Stephens."
"Mr. Speaker, my name was used in debate, so..."
"So, you're rising on a point of personal privilege."
"Thank you. We talked about St. Clair County and eastern versus the western end. The fact of the matter is that in Collinsville, they're teaching their kids that it's okay not to have sex. The fact is, Ladies and Gentlemen, what we're saying when we allow these clinics to exist is to a 13 or 14 year old, it's okay to have sex. And we ought to not send that message. I agree with my esteemed colleagues that say that there's a problem. We happen to believe that you're going about it the wrong way. I would also add that this Bill would forbid referrals for abortions. We think that that's happening at these clinics, and we think that it will continue to grow as a problem. It's okay to teach our children that it's alright not to have sex."
"Mr. Regan, did you not speak in debate? The Chair recognizes Mr. Regan to explain his vote."
"Thank you, Mr. Speaker, Members of the House. I want you to give some thought to the parents that are really trying with their children, the children that do say 'no' to sex at this age. What we're telling them is, they have no 125 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 right to teach their children that. We'll go right over the parental authority and the school district will say to the kids, 'It's okay. Here's your little packet of three. Go out in the car and have a good time.' I'd like to have a 'yes' vote."
"Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 72 'ayes' and 38 'nos'. There has been a request for a Verification of the Affirmative Vote. The Clerk shall proceed to read the names of those voting in the affirmative. Would the Members please be in their chairs to facilitate the Verification. Would the Members please be in their chairs? Would the Members please take their seats. Mr. Giorgi, could you separate yourself from Mayor McNamara just for a few minutes? Take your seat. The Chair would like to acknowledge the presence of the Mayor of the City of Rockford, Mayor John McNamara. Yes. And also the Recorder of the County of Cook and former Member of the House, 'Bus' Yourell, Harry 'Bus' Yourell. Now, would the Members please be in their chairs. Mr. O'Connell, would you take your seat. Mr. Farley, would you take your seat. Mr. Hallock, would you take your seat, please. Mr. Piel, for what purpose do you seek recognition?"
"Leave to be verified, Mr. Speaker."
"Is there leave to verify, Mr. Piel? Leave is granted. Mr. Clerk, read those voting in the Affirmative."
"Poll of the Affirmative. Ackerman. Barger. Barnes. Berrios. Black. Brunsvold. Bugielski. Capparelli. Christensen. Countryman. Curran. Daley. Daniels. DeJaegher. DeLeo. Deuchler. Doederlein. Ewing. Farley. Flinn. Giorgi."
"Is there leave to verify Mr. Flinn? Leave is 126 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 granted. Mr. Regan seeks leave to be verified. Mr. Regan is verified, and Mr. Stange is verified. Proceed, Mr. Clerk."
"Goforth. Granberg. Hallock. Hannig. Harris. Hartke. Hasara. Hensel. Homer. Keane. Klemm. Kubik. Kulas. Laurino. Leverenz. Martinez. Mautino. Mays. McAuliffe. McCracken. McGann. McNamara. Mulcahey. O'Connell. Myron Olson. Robert Olson. Panayotovich. Pangle. Parke. Bernard Pedersen. William Peterson. Petka. Phelps. Piel. Pullen. Rea. Regan. Ronan. Ryder. Saltsman. Sieben. Stange. Stephens. Tate. Terzich. Van Duyne. Weaver. Williamson. Wojcik. Wolf. And Mr. Speaker."
"Mr. Ewing? Verify Mr. Ewing. Representative Braun, do you have any questions?"
"Thank you, Mr. Speaker, I do. Representative Martinez."
"Mr. Martinez? Is Mr. Martinez in the chamber? Remove Mr. Martinez from the Roll Call."
"Representative DeJaegher."
"Mr. DeJaegher. Mr. DeJaegher. Remove Mr. DeJaegher."
"Representative Daniels. Alright. I will withdraw the challenge to Representative Daniels."
"That challenge shall be withdrawn."
"Representative Laurino?"
"Mr. Laurino? Mr. Laurino is in the chamber."
"Okay. Representative... Representative Curran?"
"Mr. Curran?"
"In the front of the chamber. No further."
"No further questions. Mr. Clerk, what is the count?"
"There's 70 voting 'aye', 38 voting 'no', 3 voting 127 46th Legislative Day 'present'." STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987
"On this question, there are 70 "ayes' and 38 'nos'. The Chair recognizes Mr. Wennlund."
"Thank you, Mr. Speaker and Members of the House. I'd like to change my vote to "yes"."
"Record Mr. Wennlund as 'yes'. Representative Braun."
"Thank you... No, she's not. Well, but there was a change... there was a change. Representative Richmond?"
"Mr. Richmond? The Gentleman is recorded as "no"."
"Oh. Okay."
"No further questions?"
"None further."
"On this question, there are 71 ayes and 37 'nos', and the Motion carries, and the Bill shall be placed on the Order of Second Reading. First Legislative Day. Representative Braun in the Chair."
"Alright, we're going to go back to the normal Order of Business, back to House Bills Third Reading. House Bill 1856, Representative Hoffman. Page 6 of the Calendar."
"House Bill 1856, a Bill for an Act to amend the Environmental Protection Act. Third Reading of the Bill."
"The Chair recognizes the Gentleman from DuPage, Representative Hoffman."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. House Bill 1856 is a companion Bill with 1854, which authorizes a municipality or a county board to request the Department of Transportation to perform traffic impact studies regarding the location of regional pollution control facilities. This has nothing to do with determining, you know, what the siting is or anything like 128 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 that. It merely authorizes the municipality to make the request, and its companion Bill, as I mentioned - 1854 - which gives that unit of local government that authority."
"The Gentleman has moved the passage of House Bill 1856. And on that, is there any discussion? The Chair recognizes the Gentleman from Cook, Representative O'Connell."
"I'm sorry, Madam Speaker, but I couldn't hear anything that you said, Gene, in the last half of your presentation. Could you repeat it, please?"
"Yes, I would be... I would be pleased to do so. The explanation that is in the Digest is accurate and complete. It merely authorizes a municipality or county board to request the Department of Transportation to perform traffic impact studies regarding the location of a regional pollution control facility. That's all it does. It doesn't do anything more."
"Is there further discussion? The Gentleman from Will, Representative Van Duyne."
"Thank you, Madam. Would the Gentleman allow a question?"
"He indicates he'll yield."
"Well, first of all, the number on the board is 1856, and in your remarks referred to 1854 also. So my question would apply to both Bills. Is there any time limit attached to the request, because sometimes in the siting of these waste depositories, there is a rule set down by the Legislature that the EPA and other departments must give their results of their studies or their vote within 180 days. Now, this doesn't make any mention of any time limit, and I'm just afraid that if... a county might use this as a weapon to delay something beyond the normal limits. In other words, if they ask for... if they ask for 129 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 an impact study on their roads and the EPA or the State Department of Transportation, whoever has to do this, decides to delay the whole process, this could go on for months."
"No, there is... there is no time limitation, and let me get to your other point on 1854. I said that is a companion Bill, because in 1854, we amended the Local Solid Waste Disposal Act, so you have to tie those together."
"Well, okay, that's... mainly, that's what I wanted to find out, just so some agency wouldn't be able to just delay the whole process, and I wanted to establish at least your legislative intent."
"Is there further discussion? There being none, the Gentleman from DuPage, Representative Hoffman, to close."
"Thank you, very much, Madam Speaker. I'd appreciate an 'aye vote."
"The Gentleman has moved the passage of House Bill 1856. The question is, 'Shall House Bill 1856 pass?" All in favor vote 'aye', opposed vote 'no'. The voting is open. This is final action. Have all voted? Have all voted who wish? Have all voted who wish? On this question, there are 112 voting 'aye', none voting 'no', and House Bill 1856, having received the Constitutional Majority, is hereby declared passed. House Bill 1859, Representative McPike. Mr. Clerk, read the Bill."
"House Bill 1859, a Bill for an Act to amend the Illinois Development Finance Authority Act. Third Reading of the Bill."
"The Chair recognizes the Gentleman from Madison on House Bill 1859."
"Thank you, Mr. (sic - Madam) Speaker and Ladies and Gentlemen of the House. This is a shell Bill. It's a 130 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 vehicle for IDFA, and... ... yeah. IDFA who? The Illinois Development Finance Authority. Similar to other vehicles we have passed out of the House, it... the only purpose of the Bill is to provide a vehicle for any agreed Amendments we have this year dealing with IDFA. I move for the passage of the Bill."
"The Gentleman moves the passage of House Bill 1859. And on that, is there any discussion? There being none, the question is, 'Shall House Bill 1859 pass?' All in favor vote 'aye', opposed vote 'no'. This is final action. The voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 107 voting 'aye', none voting 'no'. House Bill 1859, having received the Constitutional Majority, is hereby declared passed. House Bill 8... 1966, Representative Hultgren. Mr. Clerk, read the Bill."
"House Bill 1966, a Bill for an Act to amend the Illinois Enterprise Zone Act. Third Reading of the Bill."
"The Chair recognizes the Gentleman from Warren."
"Thank you, Madam Speaker, Members of the House. This amends the Illinois Enterprise Zone Act and provides that 40 percent of the newly created enterprise zones certified by DCCA shall be in counties with populations under 300,000, and the counties that have unemployment rates of eight percent or more. It's intended to target the... a certain percentage of the newly created zones into those counties that have the greatest need, that is, those with the greatest amount of economic dislocation and unemployment. I would ask for a favorable vote on the Bill."
"The Gentleman has moved the passage of House Bill 1966. And on that, is there any discussion? The Chair recognizes the Gentleman from Cook, Representative 131 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Cullerton."
"Would the Sponsor yield?"
"He indicates he will." May 14, 1987
"Representative Hultgren, what are... who determines where an enterprise zone goes now?"
"My understanding is that the Department of Commerce and Community Affairs, upon application from the local municipality."
"And what factors do they take into consideration in determining... in determining who should become an enterprise zone?"
"I'm not sure that I have a list of them all here, but in fact, one of the factors that they ought to take into consideration is the unemployment rate in the municipality."
"I could not hear your answer."
"I said, I'm not sure that I have a list of all the factors in front of me, but in fact, one of the matters that they are supposed to consider is the unemployment rate in the area."
"Is the... what, I'm sorry. I can't hear you. One of the factors is..."
"Is the unemployment rate or the level of employment in the area."
"Right."
"So, what this Bill then does is simply makes more explicit, one of the general requirements that the department is supposed to consider."
"It does more than make it explicit, doesn't it? It limits the discretion of DCCA in determining where a... enterprise zone could go. Does it not?"
"It makes more explicit the intention of the General Assembly that these zones are to be located in counties of 132 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 46th Legislative Day higher unemployment."
"Well, do the... doesn't DCCA right now in their discretion, take into account the amount of unemployment?"
"Indeed, they do, as I indicated just a moment ago. That's one of the general criteria that the department is supposed to consider in locating zones. This simply makes that more explicit and targets that developmental tool into those counties where it's most needed."
"Well, as I read the current law, the Enterprise Zone Act - Illinois Enterprise Zone Act, Section 4, Chapter 67 1/2, lists qualifications for enterprise zones, and it talks about being a contiguous area, provided that a zone area may be and may exclude wholly surrounded territory. It must comprise a minimum of one-half square miles, not more than 10 square miles in total area. It must be a depressed area. It must satisfy additional criteria established by regulation of the department. And what you're doing is, you're telling DCCA what... in effect, what those rules must be and by specifically putting in two-fifths of all new enterprise zones, you're clearly limiting DCCA's authority as to where they should determine these enterprise zones to be located. So, for that reason, Mr... Madam Speaker and Ladies and Gentlemen of the House, I think we should seriously consider whether or not we want to limit, or in effect, tell DCCA where they have to put these enterprise zones. I don't see... I'm not aware of... and Representative Hultgren hasn't made me aware of any abuses with regard to this issue. I just don't see any reason why we should limit their discretion."
"Is there further discussion? The Chair recognizes the Gentleman from Cook, Representative Kubik."
"Would the Gentleman yield for a question?"
"Indicates he will." 133 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Representative, is this your first Bill?"
"Yes, it is." May 14, 1987
"Well, seeing how it's your first Bill and seeing how popular DCCA is with Members of this General Assembly, I think we ought to pass this Bill out of here."
"Is there further discussion? The Chair recognizes the Gentleman from Madison, Representative McPike."
"Thank you, Madam Speaker. Will the Sponsor yield?"
"He indicates he will."
"How about the three-fifths? The two-fifths have to be in counties under 300,000 with unemployment above eight percent. Is that correct?"
"That's correct."
"Two-fifths of them must be in those type of counties."
"That's correct."
"How about the other three-fifths? Where can they go?"
"They can go anywhere in the state, under the current criteria for establishment of the zones."
"And what's the current criteria for unemployment?"
"There's no expressed criteria currently, it's my understanding. However, one of the numerous criterias that the statute provides is that... the level of unemployment, the level of economic activity in the enterprise zone and in the county in which it's located."
"What is the criteria for unemployment?"
"No expressed criteria as this Bill would provide, rather just a general consideration that in locating the zone, the department is to take into consideration, the level of employment."
"So, this... this would require that at least two-fifths of them not be in the collar counties and Cook. So, this excludes Lake and DuPage. Cook, et cetera." 134 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987
"In counties which have populations over the 300,000 level, yes."
"Thanks."
"Is there further discussion? The Chair recognizes the Gentleman from Cook, Representative Leverenz."
"Sponsor yield?"
"Indicates he will."
"What... how are these broken up now? How many enterprise zones are in counties of 300,000 or less?"
"I don't think I have those statistics in front of me, although I'd be more than happy to try and do that research and get that information for you."
"How many enterprise zones have we designated already, totally?"
"Forty-nine, I believe, is the number."
"Of the 49, do you know how many are in Chicago, how many are in the suburban area, and how many are outside of Cook County?"
"No, Sir, I don't have that breakdown."
"I don't like even talking on your first Bill. I'm only concerned that you're locking in two-fifths to go to counties under 300,000. Many things go to the City of Chicago, which I support, and there are definite needs for enterprise zones, and there are enterprise zones in Chicago. I come from the gray area, called suburban Cook County, and many times we miss out on some of these good things that can generate jobs. Why are you not, then, designating all of them to go into areas with more than... is it eight percent unemployment?"
"Eight percent's the figure that We've used in the Bill, yes."
"Why don't you say that none of them will go to an area 135 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 that has less than eight percent unemployment?"
"The concern that we have is that the county-wide unemployment rate would be greater than eight percent, and I think if we set that for all counties, that there might be a problem of locating any of them in Cook County."
"Well, that's, I guess, my point. Which ones did we put into areas where they have under eight percent unemployment?"
"I'm sorry?"
"Have we put any enterprise zones into an area that has less now than eight percent unemployment? If there are..."
"I don't believe there are any, no."
"Then, can the Department do what you want to do with this Bill? Can they do it on their own?"
"The Department has discretion to place these zones in... but one of the criteria that they are supposed to consider is the unemployment rate in the area."
"Is it that they have not done that?"
"I think it's a concern about future placement that we're addressing in the Bill, not a concern about zones that have been located in the past."
"Unemployment in Illinois, in fact, has gotten a little lower, has it not?"
"I think that's statewide. There are still certainly some pockets where the unemployment rate is quite high."
"In my area, we might have under eight percent unemployment, but I don't fit into the less than 300,000 population situation. Would you, maybe, find a way to lock us in so we can get one or two of these, too, in the suburban area?"
"Certainly, if there's a way that the Bill can be improved when it gets to the Senate, we're always looking to make a good thing better." 136 46th Legislative Day
"Good. I just wanted to get some things for the suburbs. Thanks."
"Is there further discussion? The Gentleman from Cook, Representative Young."
"Thank you, Madam Speaker. Will the Sponsor yield?"
"He indicates he will."
"Is Amendment #1 on the Bill at this time?"
"No. No, I think Amendment #1 is withdrawn."
"Now, under your Bill, Representative, if 60 percent of the enterprise zones in a given year had already been designated to counties over 300,000 and then DCCA was faced with applications from a county over 300,000 in an area where unemployment was, say 15 or 20 percent, under your Bill, a county with unemployment at eight or nine percent would have to get the enterprise zone, instead of the county with the higher unemployment, wouldn't it?"
"That's... That's right. I think probably what... if that situation were to occur, it would indicate that perhaps the department had used some poor judgment in locating that first 60 percent of the zones."
"Well, do you have any indication that the department has used poor judgment In the location of the 49 enterprise zones we already have?"
"Well, what we're trying to do is ensure that it uses good judgment in the future."
"Yeah, but, I guess what we want to know is, is there any reason to suspect they have not used good judgment in the past?"
"I wouldn't want to make any characterizations about that, only to say that we want to ensure that they use good judgment in locating the zones in the future."
"Is there any correlation between... in your mind, between the size of the county and the percent of unemployment?" 137 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"I don't have any figures like that, no." May 14, 1987
"Do you have any figures indicating how successful DCCA'S been operating in the 49 enterprise zones we have right now?"
"I'm confident that we could put that kind of information together for your review. I don't have it here."
"Do you know whether or not they've caused... the fact that an area was an enterprise zone has caused unemployment to decrease or not?"
"I'm sorry. Representative. I did not hear your question."
"That's okay. Thank you, Representative. Madam Speaker, Ladies and Gentlemen, to the Bill. I think this is a bad Bill. It would place unnecessary limitations and restrictions on DCCA, and most importantly, it would place them in a position where they would have to favor an area with smaller unemployment over the one with larger unemployment, just because somebody has decided that 40 percent has to go in a certain place. This is a bad Bill, and I hope we defeat it."
"Is there further discussion? The Gentleman from DuPage, Representative McCracken."
"Thank you, Madam Speaker. I think we should support this Bill. It's not an unreasonable criteria for the placement of enterprise zones, and the fact that it relates to small or downstate counties is something that offends the people from Cook County or Chicago, because they're not getting the benefit of the population classification. Typically, the population classification benefits Cook County. Most of the statutes are written for Cook County and then for the rest of the state. This is a little different, and I think it deserves some downstate support 138 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 and even some collar county support, so I rise in support of the Gentleman's Bill."
"Is there further discussion? The Gentleman from Lake, Representative Matijevich."
"Would the Gentleman yield?"
"He indicates he will.
"Representative Hultgren, does the department have a position on the Bill?"
"The department is not opposed to the passage of the Bill."
"In other words, their position is neutral?"
"Yes."
"Alright. I... Madam Speaker, to the Bill. I represent the communities of Waukegan and North Chicago, which are in Lake County, which is more than 300,000 population, and I'm sure that the unemployment rate of Lake County as a county of the whole is probably, and no doubt, under eight percent, but there can very readily be an unemployment rate in my home town, for example, of North Chicago, which has a high minority problem of over eight percent. And I really don't think... I don't like to speak on a guy's first Bill, but that doesn't mean that we ought... we have to pass a first Bill. We have often defeated first Bills, and sometimes, you know, you're always going to get your first Bill passed, but I don't think this is a good Bill for state policy. I think that the discretion ought to remain with the department, and the intent of the Enterprise Zone Act that we look at those areas of the state where there is high unemployment so that they can avail themselves of this Act. I don't think it is good policy for us to restrict the discretion of the... an agency. For those reasons, Mr. (sic Madam) Speaker, I think that it would be a better course for us to oppose 139 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 this Bill in spite the fact that it is his first Bill. He'll pass one down the line, but I don't think this is the one that should pass."
"The Chair recognizes the Lady from Cook, Representative Didrickson."
"Thank you. Mr.... Madam Speaker. I would just like to say for the benefit of all of you who don't sit on Labor and Commerce, this is a Bill that did get out of the Labor and Commerce Committee with support by Democrats and Republicans. We know it needs some work. I come out of suburban Cook, I'm not terribly pleased with all the portions of this Bill, but Representative Granberg just got his first Bill out of here with the help of those of us over here. We would expect the same and will be glad to work on this Bill when it gets over to the Senate. Let's give it the appropriate number of 'aye votes."
"Is there further discussion? The Lady from LaSalle, Representative Breslin."
"Madam Speaker, I move the previous question."
"The question is, 'Shall the previous question be put?' All in favor say 'aye', opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Chair recognizes the Gentleman from Warren, Representative Hultgren, to close."
"Thank you very much, Madam Speaker, Members of the House. I believe this is a good Bill. I... there's several points that have been raised in debate that indicate that we can perhaps make it a better Bill, and I would certainly be receptive to working with the Senate Sponsors, should it be there in terms of making it a better Bill. There's no intention to deny any area of the state an enterprise zone, under this, only to encourage DCCA that those enterprise zones that it certifies in future years be 140 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 distributed geographically around the state in those areas of greatest need. I'd ask for your 'aye" vote."
"The Gentleman has moved the passage of House Bill 1966. The question is, Shall House Bill 1966 pass?" All in favor vote 'aye, opposed vote "no". The voting is open. This is final action. Have all voted? Have all voted? Have all voted who wish? Have all voted who wish? Representative Hallock."
"Thank you, Madam Speaker, Members of the House. I rise in support of this Bill. It seems to me, although there are a few flaws, that this Bill really deals that... the major problem why enterprise zones were, in fact, created in the first place. When we established the enterprise zone law about six years ago, we did it with the goal in mind that we should try to help those areas in our state which need it the most. This Bill tries to do that, and I would urge your support for it."
"Have all voted who wish? The Clerk will take the record. On this question, there are 59 voting... On this question. there are 60 voting 'aye', 49 voting "no", and House Bill 1966, having... for what... for what reason does the Gentleman from Cook, Representative Cullerton, seek recognition? Alright. And House Bill 1966 is hereby declared passed. House Bill 2606, Representative Kirkland."
"House Bill 2606, a Bill for an Act in relationship to the recycling pilot projects. Third Reading of the Bill."
"The Chair recognizes the Gentleman from Kane."
"Madam Speaker, may I have leave of the Body to move the Bill back to Second Reading, please?"
"The Gentleman requests leave to bring the Bill back to the Order of Second Reading. Leave is granted." 141 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Thank you. May 14, 1987 I just want to put on an Amendment that changes a couple of things. It changes the date after which grants could be provided to... after which grants could not be provided to municipalities from December 31, 1988 to June 30, 1989, and it changes the language regarding matching, you know, local contribution from 10 percent to 50 percent, and I move for the adoption of the Amendment."
"The Gentleman has moved the adoption of Amendment... Amendment #2. And on that, is there any discussion? The Chair recognizes the Gentleman from Madison, Representative McPike."
"Would the Sponsor yield?"
"He indicates he will."
"What does the date change do?"
"The... The Bill has language that says, "The agency shall not make any grants or provide assistance to municipalities under this Act after December 31, 1988. It changes that date to June 30, 1989."
"So, it... So, It provides a two year period during in which these grants can be made, then... from July Ist of this year or from the effective date of the Act until June 30th of '89."
"Correct."
"Thank you."
"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."
"Third... Third Reading. House Bill 838, Representative Levin. Representative Levin. House Bill 142 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 178. 178, Representative Ropp. 178. On page 7 of the Calendar, State and Local Government, House Bills Third Reading. 178, Representative Ropp. Out of the record. House Bill 326, Representative... Representative Didrickson. Representative Didrickson. The Lady... the Lady from Cook."
"Yes, thank you, Madam Speaker, Members of the House. House Bill 326..."
"One second, Representative Didrickson. I thought you were seeking recognition for some other reason. Mr. Clerk, read the Bill."
"House Bill 326, a Bill for an Act to amend an Act concerning spouse and child support payments. Third Reading of the Bill."
"The Lady from Cook."
"Thank you, Madam Speaker, Members of the House. House Bill 326 provides that employers who are processing spousal and child support payments will be able to have a sliding fee scale. Right now, currently, they can charge one dollar per handling of such payments. We have included up to four dollars, depending upon the actual cost incurred by the processing. I... It's a Bill that we passed out of here a couple of years ago and got caught up in the Calendar over in the Senate, and I would ask for your approval."
"The Lady has moved the passage of House Bill 326. And on that, is there any discussion? There being none, the question is, 'Shall House Bill 326 pass?" All in favor vote 'aye', opposed vote 'no'. The voting is open. This is final action. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 113 voting 'aye', none voting 'no'. House Bill 326, having received the Constitutional 143 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Majority, is hereby declared passed. Greiman in the Chair." May 14, 1987
Representative Speaker Greiman: "On the Order... this Order of House Bills Third Reading appears House Bill 396. Mr. Clerk, read the Bill."
"House Bill 396, a Bill for an Act to amend an Act concerning fees and salaries. Third Reading of the Bill."
"The Gentleman from Cook, Mr. Terzich."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 396 amends an Act concerning fees and salaries to increase the fees of sheriffs in counties with a population of less than one million for services of process, return of process. This Bill allows for a fee change to be made in the servicing of the sheriffs for summonses for each defendant to order a judgment, garnishees and so on. There has not been an adjustment in over seven years. The Bill, of course, was supported by the Illinois Sheriffs Association, and I'd appreciate your support."
"The Gentleman from Cook, Mr. Terzich, moves for the passage of House Bill 396. And on that, the Gentleman from DeKalb, Mr. Countryman."
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"Indicates he'll yield for questions."
"Representative, I couldn't hear much of what you said. Maybe it's the noise in the chamber, but will this increase the sheriffs fees in any way?"
"Yes, it does. That's exactly what it does."
"How much will they be increased?"
"They vary, depending upon what it will be for summonses for each defendant from eight dollars to ten dollars, order of judgments granting an injunction will leap from eight dollars to ten dollars. Basically, it's a two dollar adjustment." 144 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Two dollar adjustment upward."
"Yes. Yes."
"Alright. Are there any fees that go down?"
"No. The mileage has been changed from 40 cents to 50 cents per mile."
"From 40 cents to 50 cents per mile?"
"Yes."
"Okay, thank you. Mr. Speaker..."
"Yes, proceed, Sir."
"To... To the Bill. I saw this Bill when it came across and I, frankly... these are fees that many of us incur as lawyers on behalf of clients, and we see them, and sometimes the clients don't see the amounts. I don't really have a problem with the eight dollars going to ten dollars. I suspect the administrative cost has gone up, but to go from 40 cents to 50 cents a mile, particularly in rural downstate areas such as those where I represent where they have to go a long ways. In Cook County, they have substations and they don't have to go quite as far, but I think that that's a pretty strong increase of 20 percent. and I oppose it, and for that reason. I oppose the Bill."
"The Gentleman from McLean. Mr. Ropp."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield for questions."
"Representative, is this increase requiring the counties to pick up the cost, or as a result of this being a mandate, does the state pick it up?"
"No, there... this is not covered under the State Mandate Act. The Bill provides... excuse me one second... that it's the opinion of DCCA that House Bill 396 constitutes a due process mandate for which there is no reimbursement is required."
"So, in other words, this is an increase on behalf of the 145 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE counties... county boards..."
"Yes." May 14, 1987
"... general revenue fund to pick up this added cost, slight as it may be or whatever."
"Well, the fees pay For the, you know, serving the process in each county."
"Yeah, but somebody has to pick up the cost, the increase, and so it would be the county general revenue fund."
"I believe so."
"Okay. Thank you."
"Further discussion? The Gentleman from Fulton, Homer: Mr. Homer." "Representative Terzich... Will the Sponsor yield?"
"Indicates he'll yield for a question."
"What's the... What's the reason that Cook County's exempt from the Bill?"
"Well, the Bill does not... you know, it only covers counties of population of less than one million. The..."
"Well, I realize that. That's... if somewhat begs the question..." Terzich:
"Well, Cook County is reviewing, you know, their, you know, fees and there might be a possibility that they may want to be adjusted into the, you know, change in the Senate." "Well, are these... are these fees, then, to be mandated or are these... do these require action of the county board in order to implement?" "That, I don't know, Representative. Terzich: they would be... I believe that I don't see any sheriff or county to go any less than what the, you know, what it is now, unless they are charging less than eight dollars now, I assume that they would charge ten dollars, you know, with this adjustment." 146 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"Okay, well... let me... Mr. Speaker, to the Bill. I... "
"Proceed, Sir."
"I'm not rising... I am not rising in opposition to the Bill. I'm not sure I understand... got all the questions answered there, but I think we're going to have to come to grips with the fact that counties need more revenue upon which to operate, and the only real question is whether that revenue will come in the form of property tax increases on all the citizenry or upon the users of the services, and I, like Representative Countryman, am an attorney who practiced law and don't like to pay the higher fees on behalf of my clients. I recognize, as I think we all must, that as the Bill... as the analysis says, that none of these fees have been raised for seven years, that costs during those seven years to the county sheriff's office for providing these services have increased. The question is, who will pay for it? I wish the cost hadn't increased, but I think, if given the choice between a general property tax increase or a user's fee, that the user's fee route seems much more just, and for that reason, I support the Gentleman's Bill."
"The Gentleman from Cook, Mr. Leverenz."
"I said, an inquiry of the Chair. Was the Bill amended at all?"
"No. No Amendments."
"Thank you."
"The Gentleman from DuPage, Mr. McCracken."
"Thank you, Mr. Speaker. Will the Sponsor yield for some questions?"
"Indicates that he will."
"So the exemption which municipalities and other units of local government currently have will be stricken by this Bill. Is that right?" 147 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"I believe that's correct." May 14, 1987
"And your Floor Amendment to retain the exemption for law enforcement agencies - that was not put on the Bill?"
"No, there's no Amendments on the Bill, Representative."
"Okay. Okay. And why, again, is Cook County not included?"
"Number one is that the... Cook County... there was an inquiry made to Cook County, and they are reviewing, you know, what fees should be adjusted in their processing, and they may want to be included when the Bill goes over to the Senate."
"Okay. Thank you. I normally like to support the sheriffs, and I understand that a user fee is preferable to a tax... a tax levy, but on the other hand, we are taking from one pocket to fill another pocket. We're going to force the local municipalities to pick up the cost of the sheriffs' fees which have historically been exempt, and who's to say that they're any better prepared to pick up those costs than the sheriff's office? I understand the Gentleman's reason for not including Cook County at this point. Apparently, they haven't made up their mind, but I don't see any reason, on the other hand, to not retain the exemption for units of local government, so I oppose the Bill."
"The Gentleman from Macon, Mr. Dunn."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I think the Sponsor is to be commended for presenting this legislation. We downstaters sometimes look askance at our upstate colleagues, and I think this will be good legislation for all of downstate, and I commend the Sponsor for bringing this Bill to us and urge an 'aye vote."
"The Gentleman from Cook, Mr. Terzich, to 148 46th Legislative Day close." STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987
"Well, yes, Mr. Speaker, Ladies and Gentlemen of the House. As I mentioned before, that there... this is only in the user fees that when the processing service, and therefore, those people that are utilizing the service, these will help pay the cost of doing the job for the sheriff. The Bill was also presented to the Law Enforcement Advisory Committee and has the support of all of the law enforcement agencies such as the Illinois Chiefs of Police, the Benevolent Protective Association, the Department of State Police, et cetera, and I would appreciate your support."
"The question is, 'Shall this Bill pass?' All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is open, and this is final action. 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 85 voting 'aye', 23 voting 'no', none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears House Bill 810. Out of the record. On this Order of Business appears House Bill 854. Mr. O'Connell? Out of the record. Mr. O'Connell? Out of the record. On this Order of Business appears House Bill 857, Mr. Ropp. Mr. Clerk, read the Bill."
"House Bill 857, a Bill for an Act to amend an Act in relationship to the establishment and maintenance of county. Third Reading of the Bill."
"The Gentleman from McLean, Mr. Ropp."
"Thank you, Mr. Speaker and Members of the House. House Bill 857 actually changes nothing in the statute except allows about four or five more counties to participate in the county mental health program that they may have. The 149 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Bill, as you see before you, currently states that those counties with a population over 300,000 are able to provide for mental health programs, and we are reducing that 300,000 down to 100,000. It affects about three or four counties, one of which is my own, which is McLean County Health Department has made this request. I think it also would allow Macon, Tazewell and Peoria Counties to also be a part of this program if they want to. It is not a mandated program, it just allows other counties to get involved in this program, and I welcome any questions and your support."
"The Gentleman from McLean has moved for the passage of House Bill 857. And on that, is there any 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 open, and this is final passage. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting 'aye', 2 voting 'no', and none voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of House Bills Third Reading appears House Bill 858. Ms. Jones, do you wish to proceed? 858. Mr. Clerk, read the Bill."
"House Bill 858, a Bill for an Act to amend the Housing Authorities Act. Third Reading of the Bill."
"The Gentleman from Cook, Ms. Jones. The Lady from Cook, Ms. Jones."
"Thank you, Mr. Speaker. House Bill 858 creates parity. It requires, when determining an employed tenant's income for the purpose of determining the rent, the Housing Authority shall include... shall exclude withheld income taxes and other job related expenses. What this really 150 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 says is that you will determine the rent by the net and not the gross, and I ask your favorable vote."
"The Lady from Cook moves for the passage of House Bill 858. And on that, is there any discussion? The Gentleman from Cook, Mr. Shaw."
"No. No. No."
"Mr. Shaw. The Gentleman from Winnebago, Mr. Hallock."
"Thank you. Will the Sponsor yield?"
"Indicates that she will."
"Why should we do this? I understand clearly what you're trying to do. Why is it necessary that this be done?"
"Because, in public... in the public housing, when a tenant is on public aid and the rent is determined by the net. and that's the grant that they get from the state, then another... then another tenant who is on public aid gets a job, then their rent is determined by the gross. And what's happening in public housing, low income housing, is, we're losing very good tenants. We need the low income housing and we need the tenants to stay. It really just creates parity."
"I appreciate that. I think my underlying question is, will this so increase the income of the people that they probably shouldn't be in those facilities, or does this... is this a minimal change?"
"No, no, it wouldn't. It would encourage the ones to stay. What we're doing is, we're losing tenants, good tenants because of the income limitations."
"Thank you."
"Your welcome."
"The Gentleman from Cook, Mr. White."
"Mr. Speaker and Ladies and Gentlemen of the House. I 151 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 stand in support of this wonderful Bill. What happens is that many times when we in the General Assembly appropriate dollars to public aid recipients, they get fewer food stamps. The little income that they receive causes the Housing Authority to increase their rent, and SO they're put back to square one, in some cases, below square one, so I think this is a wonderful solution to the problem. I think all green votes should be on this wonderful piece of legislation."
"The Gentleman from Champaign, Mr. Johnson."
"Well, it seems to me that if we're going to be consistent in our philosophy, and that is, that we want to encourage people who are in unfortunate circumstances to go to work, help themselves, build up the position of their family and try hard, this Bill makes a lot of sense. It seems to me that to take the position, contrary to this would be to say that maybe you're better off not to go to work SO that you don't have money that's withheld for income taxes at all, don't be a producing citizen, don't make income, don't do things for society. This Bill, I think, makes a great deal of sense, fits into the structure well of our... of our provision of public services for people who aren't fortunate, and is a Bill that should have been passed a long time ago. I think that Representative Jones and Shaw and others are to be commended for reaching out to a real problem in our existing law, and at the same time, doing something for the work ethic that we probably don't do often enough. I urge a 'yes' vote."
"The Gentleman from Cook, Mr. Daley."
"Will the Sponsor yield?"
"Indicates that she will."
"Representative, is this your first Bill?"
"Beg pardon?" 152 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Is this your first Bill?"
"Yes, it is."
"Is this your first Bill?"
"Yes, it is, Mr. Daley." May 14, 1987
"I stand in support of this Bill, Representative. It's a fine Bill, and I would urge a favorable vote."
"Thank you, Representative."
"The Lady from Cook, Ms. Braun."
"Thank you, Mr. Speaker. Actually, Representative Johnson said what I was going to say and probably more eloquently. The issue here is a minimal income issue. If someone gets a job, even if it's minimum wage, they now are forced into a situation in which they wind up losing money because they're kicked out of public housing for getting a job. That doesn't make any sense at all. He's exactly right. Representative Johnson is right. This Bill should have been passed a long time ago, and I commend the Sponsor for submitting it."
"The Gentleman from DuPage, Mr. McCracken."
"I think it's a good idea, too. I... I'm curious what Law or regulations govern eligibility. Our analysis says that federal regulations govern eligibility, and that they allow limited deductions, more limited than the Lady's Bill would allow. Can someone answer that question for me? Whoever wants to."
"Yes, Mr. Speaker, I'm yielding to Representative Shaw."
"Mr. Shaw?"
"Yeah, what was your question, again, Representative McCracken?"
"My analysis says that federal regulations controls eligibility to live in the Housing Authority, and that that allows fewer deductions than the Bill would allow."
"It does, but by virtue of the CHA Public Housing Authority 153 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 being a creature of the state, then the board members can make the adjustment."
"You're saying... and it wouldn't be a problem?"
"No."
"Okay. Thank you."
"The Gentleman from DuPage, Mr. Barger."
"Thank you, Mr. Speaker. This is a good example of our trying to help people, who are trying to help themselves. If a person wants to go out and get a job and improve themselves, they should be given every bit of assistance that we can, and I suggest very strongly that we support this exceptionally good Bill."
"Ms. Jones to close."
"Thank you very much, and I move 'do pass'."
"The question is, 'Shall this Bill pass?' All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is open and this is final action. 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 114 voting 'aye', none voting 'no', 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order of Business appears House Bill 869. Mr. Clerk, read the Bill."
"House Bill 869, a Bill for an Act to amend the Illinois Municipal Code. Third Reading of the Bill."
"The Gentleman from Rock Island, Mr. Brunsvold, on House Bill 869."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. 869 was prompted by a situation that happened in the City of Rock Island. They had a managerial form of government, and through referendum, changed to election of councilmen by wards. That brought up an unusual situation 154 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 where they would then have to elect the treasurer and clerk. They have been appointing, up to that time. They want to continue to appoint. The clerk's salary is 5,500 dollars and the treasurer has no salary. In the election that was going to occur, there wasn't even a candidate for the treasurer's spot. So, that is what 869 does. It passed Committee 15 to 1. Representative Wojcik had a question which was answered after the Bill came out of Committee, and it did not affect her area, and I would ask for your support."
"The Gentleman from Rock Island moves for the passage of House Bill 869. 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 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 voting... 111 voting 'aye', 1 voting 'no', none voting *present'. This Bill, having received the Constitutional Majority, is hereby declared passed. And on this Order of Business appears House Bill 1173. Mr. Clerk, read the Bill."
"House Bill 1173, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of the Bill."
"The Gentleman from Cook, Mr. Leverenz."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The Bill would authorize the Secretary of State to not issue a supplemental license unless it was within a dealer's relative marketing area, and I would answer any questions that you have on the Bill and ask for your 'aye' vote."
"The Gentleman from Cook, Mr. Leverenz, moves for the passage of House Bill 1173. And on that, is there 155 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 any discussion? There being none, the question is, 'Shall this Bill pass?" Alright, Mr. Cullerton, the Gentleman from Cook."
"A quick question, Representative Leverenz."
"Proceed, Sir." "If you... If you want to vote with rental car guys, you vote"yes" or "no"?" Leverenz:
"If you want to vote with me, you vote..." "Well, who are you with on this one?"
"That's right."
"So you're not going to tell me."
"You have a nose for news."
"I'm not saying I'm for or against it. I just want to know who... where the lineup is, here."
"If you're with me, you vote 'aye'."
"I understand that. That's why..." "And I would... I'd be with the other Leverenz: guys. You, I think, might be inquiring about the opposition, which probably would be against it, but... give me a... 'present' vote."
"Okay. 'Yes', for the... 'Yes' for the new car dealers, "no" for the rental car agents. Okay. I'd just like to know. We should have that on the scoreboard, you know, which lobbyists..."
"That would be a very good idea."
"Further discussion? 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 89 voting... there are 90 voting 'aye', 21 voting 'no', 3 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared 156 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 passed. On the Order of House Bills Third Reading appears House Bill 1219. Mr. Clerk, read the Bill."
"House Bill 1219, a Bill for an Act to amend an Act to create sanitary districts. Third Reading of the Bill."
"The Gentleman from Cook, Mr. Terzich."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House, House Bill 1219 amends the Sanitary District Act, and what it does, it's... the Director shall certify for a position of... classified under this Act, at least five names, if available, and the Director shall certify the names for succeeding categories in the order of excellence of the categories until five names are provided to the appointing officer. The appointments from the numerical list must be made from the first five names, but there is some question as to whether or not this rule of five applies to listings by category. This Bill makes it clear that if there are less than five names in a higher category, the list for the next lower category can be used so the appointing officer will be able to select from a field of at least five candidates, and that's basically what the Bill does, is clarify the appointment of five, and I would move for its adoption."
"The Gentleman from Cook, Mr. Terzich, moves for the passage of House Bill 1219. And on that, the Gentleman from Cook, Mr. Young."
"Thank you. Will the Sponsor yield?"
"Yes."
"Representative, under this Bill, would the person doing the hiring. if there were less than five... if there were fewer than five names, would the person be allowed to select from the less qualified group of people?"
"Well, I wouldn't necessarily say 'less qualified'. 157 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Basically, there are categories of excellence such as 'exceptionally qualified', 'well qualified', and 'qualified'. So, the appointing officer has to make a selection of five, and it is not of the top five, and therefore, what the Bill will do, they are not sure whether or not they can go to the next category to get the five, so what they would do is simply go down to the next category so they do have five candidates of which, then, the appointing officer would select from that category."
"Right, Representative, but if there were three who were *most qualified", why would we want to go down to 'qualified', instead of taking one of those three?"
"Because of what the selection of the appointing officer may be on the selecting of a candidate for a position, whether it was 'well qualified', 'not qualified'. Even if you took it at a numerical basis, if you had an election of, say, five candidates that you would make a determination on, I would assume that there would be other conditions other than, say, a standard of a score such as the location or previous abilities or previous employment. I'm sure that there are a number of other different reasons for hiring a person other than saying, scoring an 80 or a 90 or a 70, so what the Bill simply does is, it doesn't change anything other than the fact of having a selection of five, then the appointing officer could go from 'excellent' to the 'well qualified', and just go in succession until you have at least five candidates."
"Well, could the... if there were only three in the 'most qualified candidate, is this Bill optional, saying he Terzich: may go down or does it say he must go down?" "The Bill makes it clear that if there are less than five names in a higher category, the list for the next lower category can be used, can be used so that the 158 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 appointing officer will be able to select from a field of at least five candidates."
"Okay, so this is optional and not mandatory, as far as going to the lower list?"
"Correct."
"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 open and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk... Mr. Clerk, take the record. On this question, there are 112... 113 voting 'aye', none... 1 voting 'no', none voting 'present', and this Bill, having received the Constitutional Majority, is hereby declared passed. Let the Journal reflect that Mr. Mulcahey would have voted 'aye' on the preceeding Bill. On this Order appears House Bill 1629. Mr. Curran? Mr. Clerk, call the Bill."
"House Bill 1629, a Bill for an Act to amend the Township Organization Act. Third Reading of the Bill."
"The Gentleman from Sangamon, Mr. Curran."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1629 is a response to the legislation last year, what we called the 'hole in the donut' legislation here in Sangamon County. What it does is, it allows parts of districts, which were involuntarily annexed, to have an opportunity to have a say about that annexation at some date in the future. There were several Amendments to this legislation, some dealing with Representative Ryder's concern, some dealing with Representative Hultgren's concern. We voted on those yesterday. They passed overwhelmingly out of... under pretty hot contention. I'll be glad to answer any 159 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 questions, and at the proper time, I'd like to ask for a favorable Roll Call."
"The Gentleman from Sangamon moves for the passage of House Bill 1629. And on that, the Lady from Champaign, Ms. Satterthwaite."
"Will the Sponsor yield for a question?"
"Indicates that he will."
"Representative, the law that was passed last year that provided for the automatic annexation also had some provisions to make it more difficult for these territories to annex from their borders... annex onto their borders from surrounding townships. Does this Bill do anything to reverse any of that authority that was taken from the cities for annexing?"
"Representative, if you're speaking about the specific legislation which affects Champaign County, as you know and as we discussed yesterday and was voted on yesterday, that... the legislation, as it exists now, would change whether one company in Champaign County would have their property assessed. It is my understanding that that company, due to the language of the legislation last year, would be assessed ultimately with about three quarters of a million dollars additional assessments, when you consider property and utilities and gas taxes. That company feels..."
"Representative, you're misconstruing my question. I did not ask about specific Amendments, I asked whether anything in the Bill as it now stands does anything to restore two cities that have coterminus townships, any of the ability that they had previous to last year's law for annexing territory on their borders, not surrounded territory, but adjacent territory."
"Representative, I'm not... I'm not quite understanding 160 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 your question. I'm not understanding how it applies to this legislation."
"Well, my understanding is that your Bill, now, reverses part of what we gave as both authority and restrictions to cities with coterminus townships in last year's legislation. At that time, we made it more difficult for those cities with coterminus townships to annex property on their border, and I'm asking whether we are reversing that portion of last year's law so that we again give them the ease of annexation on their border that they previously had."
"Frankly, I'm not... I'm not sure of what... of the status of the law prior to last year's legislation was, so it's not possible for me to respond to whether we're giving it back to them in the way it was last year or not."
"Well, my understanding is that your Bill does not restore to the cities with coterminus townships, the ability that they previously had for annexation on their borders, and so one of my concerns is that when we passed legislation last year, there was a tradeoff. We restricted what these particular cities could do in regard to annexation, but we permitted them as a partial offset, if you will, the ability to incorporate territory that was completely surrounded. Now, we are reversing the part that gave them the authority to take in completely surrounded territory. but to my knowledge, your Bill does nothing to restore to those areas the ability they previously had for annexation from their borders. My concern is that we have taken away the benefits of the cities and we have denied them the annexation process, and by your Bill, we are essentially making it a more unfair system than last year's Bill. For that reason, It seems to me that we are, in fact, dealing with very specialized legislation here that 161 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 is either beneficial or detrimental to specific areas of the state. It will, in fact, reverse a good portion of what the cities were permitted to do last year. It does not restore to them the ability they previously had to annex on their borders, and I believe that it is unfair that we do this to cities, that we should, at least, be providing them with some additional option rather than simply restricting them. It is a piece of legislation that will be very punitive for at least one community in the state, giving an advantage to a particular industry when, in fact, that industry has not even been willing to sit down and talk with the city representatives to try to adjust any impact on their company. And, I believe that we should not be passing this kind of legislation unless we restore to the cities some of their ability to annex on their borders, and for that reason, I would oppose the Bill."
"The Lady from Sangamon, Ms. Hasara."
"Thank you, Mr. Speaker. I... I do rise in support of this Bill, although I think, as the Sponsor knows, I feel it does not go nearly far enough. Let me talk a minute about fairness and what we did to townships last year. In my township - Woodside Township - 5,000 residents were annexed Into the City of Springfield without notice, without their knowing about it, and they had no say so at all about this annexation, and although this Bill does require them to receive notice of the annexation, it still does not give them any say into whether or not they wish to be part of the City of Springfield. So, I was very disappointed in the fact that this Bill does not contain that provision, but I think when we're talking about fairness, that the Bill that passed last year was certainly terribly unfair to townships, and I contend that for many 162 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 of us who have the coterminus townships in our area, there are still areas that we call 'holes in the donut' out there that we still don't even know about that will eventually cause us a lot of problems because they will have been annexed into that city as of last August, whether they knew about it or not. So, this is a terrible problem. I hope to continue to work on this to give townships more of a say in whether they're annexed or not, and I do want to reiterate, 20 percent of the tax base of Woodside Township in Sangamon County was annexed into the City of Springfield. Fortunately, the city used its home rule to de-annex when it realized that it could not afford provide the services required, so we have at least temporarily solved the problem in this area, but I believe that this will continue to be a problem until we give townships a vote in whether or not they are going to be annexed. Thank you."
"Thank you. The Gentleman from Adams, Mr. Mays."
"Thank you very much, Mr. Speaker. Will the Gentleman yield for a question?"
"Indicates that he will."
"Does this, in any way, reverse what we did last year, or can we do that?"
"It is my understanding it would be very difficult to reverse, Jeff, what we did last year, so what it attempts to do that in future cases, if there's annexation that's to take place, those communities have the opportunity to vote on that. And then, the legislation also deals with specific problems in other areas that we tried to address with the legislation."
"So, it simply requires notice to the prospective annexees, right?" 163 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Well, then it gives them the opportunity to May 14, 1987 declare by referendum whether they'd like to be part of the annexation process or not."
"Okay. Does it at all address the question of whether the tax base that was lost by these townships that had the 'hole in the donut is reimbursable by the municipalities that benefitted by the annexation?"
"This legislation is mute on that point."
"Well, to the Bill. I support the Representative's Bill. I believe that we were sold a bill of goods last year when the township officials and the Municipal League told us they had an agreed Bill, and then nobody really wanted to get any further into it because it's been an issue that's been at odds for a number of years. But like Representative Hasara, I don't believe the Bill goes far enough. Let's keep the process going. Let's vote this out of here, and then let's really make the Municipal League own up to the obligations to the *hole in the donut* townships anyway, as far as their tax base is concerned. I'm going to rise in support of the Bill and hope that this is just the start of the process so we can have a more comprehensive means of addressing that problem."
"The Gentleman from Kane, Mr. Kirkland."
"Will the Sponsor yield please?"
"He indicates he will."
"Representative Curran, did you have conversations with the Municipal League about this change in the process of developing the Bill?"
"With Mr. Sargent, I believe, representing the Municipal League. And that refers to Representative Hultgren's Amendment. That's the only conversation that I had with him, yes."
"Okay. The Municipal League did not approach you 164 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day regarding the situation raised by Satterthwaite?"
"No, they did not."
"Okay, thank you."
Hultgren: May 14, 1987 Representative "The Gentleman from Warren, Mr. Hultgren." "Mr. Speaker, Ladies and Gentlemen of the House, I rise in support of House Bill 1629. It is an effort to address a number of the problems which arose as a result of the 'hole in the donut' legislation which passed this Body in the last Session. It may not address them all, and there is still time in the legislative process to address those other problems which are not taken care of by this legislation in its current form. I'd like to acquaint the Body with just one of the problems which 1626... excuse me 1629, attempts to address. And that's one that arose in the City township of Galesburg. Where one of the 'holes', if you will, that was annexed into the donut of Galesburg, was the Town Hall and Salt Shed of the adjoining township. The adjoining township would like to have that property back, of course the City of Galesburg, was not interested in it, they cannot tax it, it doesn't affect their tax base. This Bill would attempt to address that problem by de-annexing that one small parcel of property. There's no opposition to that part of the Bill and I'm sure that this legislation does a good job of addressing just that one problem and in talking with the Sponsor I'm sure that it attempts to address some of the other problems that have arisen around the State. So, I urge an 'aye' vote. I think this is good legislation and if there are some remaining problems, I think before this legislation is on the Governor's desk, we can take care of those as well."
"There being no further discussion, the Gentleman from Sangamon, Mr. Curran, to close." 165 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"I want to thank the Members of the other side, speaking in favor of this legislation. Representative Ryder, had an Amendment. yesterday. that we passed over strenuous objections, we passed at about 70 to 30 basis. Representative Hultgren's Amendment passed. Representative Hasara and Representative Mays both addressed problems which I'm in favor of trying to deal with, either in this legislation as it moves to the Senate, or in some other legislation in the future. The problem a Sponsor often deals with is some Members in good faith will say, we're not doing enough and some other Members in good faith will say we're doing too much. What we tried to do here is strike a balance and redress some very serious wrongs that took place in effect, the economic development in certain areas. And I ask for a favorable roll call."
"The question is, 'Shall this Bill pass?' All those in favor signify by voting 'aye', those opposed vote 'no'. Voting in open. And this is final action. 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 105 voting 'aye', 7 voting 'no' and none voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On this order of business appears House Bill 1854. Mr. Clerk, read the Bill."
"House Bill 1854, a Bill for an Act to amend the Local Solid Waste Disposal Act. Third Reading of the Bill."
"The Gentleman from DuPage, Mr. Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Earlier today, we passed House Bill 1856, I mentioned this Bill. This is a companion Bill which is basically the same thing. It however amends the Local 166 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Solid Waste May 14, 1987 Disposal Act, SO it can interface with the legislation of 1856, and I would ask for your affirmative vote."
"The Gentleman from DuPage moves for passage of House Bill 1854. And on that, is there any 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 open. And this in final passage. Mr. Have all voted who wish? Have all voted who wish? Clerk, take the record. On this question there are 107 voting 'aye", 1 voting "no" and none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Barger, the Journal will show that you would have voted 'aye on this previous Bill. And Mr. Mr. We now Dunn, let the record show that Mr. Dunn's button was pushed incorrectly and he would have voted 'aye'. Preston, the Journal will show you as voting'aye. are on page 8 of the Calendar on the Order of House Bills Third Reading appears House Bill 1903. Mr. Clerk, read the Bill. Out of the record. On that order of business appears House Bill 1904. Mr. Clerk, read the Bill."
"House Bill 1904, a Bill for an Act to amend an Act in relation to compensation of Members of the General Assembly۰ Third Reading of the Bill."
Speaker Ronan:
"The Gentleman from Cook, Mr. Ronan. This is 1904, Mr. Ronan." "Yes, sir, Mr. Speaker, thank you, Mr. Speaker and Members of the House. 1904 is a very important legislation. piece of in the House I am pleased that it... Executive and Veterans Affair Committee we had bipartisan support for the Bill. What this does is establish the position of legislative assistant for every member of the General Assembly. We all face significant tasks and 167 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day responsibilities that we meet down here in state Representative. We have to handle legislation, deal with the various special interest groups. work with our constituents. When we're away from our district office, often times the needs of the people that we represent. the 100,000 residents that we represent, are not met properly because of the lack of stipend that we get to run our district office. I feel that it's important that for the Legislators who want to have a legislative assistant, who believe that it's important to have on-going continuous system to represent their constituents, that they be given that opportunity. This is permissive legislation. If a Legislator feels that it's not appropriate to have a position of legislative assistant, they do not have to fill the position. However, I've talked to a number of Legislators who are deluged with requests from co constituent services, who constantly face problems of unemployment insurance, public aid and the other programs that are brought into our office. We actually function as government to the people of our districts. I think it's important that we professionalize the Illinois General Assembly and give us an opportunity to have someone in our district offices, on a full time basis, to service our constituents. I move for the passage of House Bill 1904. And will be glad to answer any questions concerning the matter."
"The Gentleman from Cook, Mr. Ronan, moves for the passage of House Bill 1904. On that, is there any discussion? The Gentleman from Cook, Mr. Piel."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. I rise in support of House Bill 1904. I think if you were listening as the Sponsor stated, it's strictly permissive. I think if you go back to your office across 168 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 the street and you check on your desk, you are sitting there with eight, ten, twelve inches of mail, that needs to be answered. And a lot of constituent requests. I think it's a situation to where more and more than. let's say, eight, ten years ago it's becoming a full time position. It's becoming a position to where there are never enough hours in the day for you to handle the requests from constituents, whether it be a speaking engagement. whether it be a public aid problem or be a medicaid problem and these are situations to where we at times do need an extra set of hands. First of all, as I said, it is a permissive piece of legislation, it is not a situation where you would even have to spend the entire amount. If you want to hire somebody on a part-time basis, you could do that with the legislation. It's a situation for those of us in districts where you've got a tremendous workload, a tremendous amount of constituent requests, this could help you adequately and more efficiently service your constituents and do the job that the people elected you to. I would ask for a favorable vote on 1904."
"Further discussion? The Gentleman from Cook, Mr. Preston."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise in support of this good Bill for the same reasons that were expressed SO articulately by Representative Piel. We have, right now, in our offices both here and at home stacks of mail, stacks of work that has to be done. We're here now, basically, five days a week but our constituents still want our attention, want to correspond with us. And more than all of that, they also want someone to talk to when we're away. They want an office to go to, where there is some person there who can deal with their problems, with their concerns and 169 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day complaints and contact us and get back to care of business. For those reasons, vote." May 14, 1987 them and take
I urge an 'aye' Speaker Greiman: "The Gentleman from McHenry, Mr. Klemm."
"Thank you, Mr. Speaker. It seem like it was only last year that we just increased our allowance for our office expenses by about $10,000. And I know we're all pretty frugal in how we use our monies. But it seems to me to increase again $18,000 per individual office, resulting in about three million more dollars that we'll be spending at a time when we are cutting back every appropriation or asking every department to tighten its belt to see if we can get through the year without tax increases, and then for the Members of the General Assembly to say well, we want everybody else to tighten their belt, but we want to create more government and pay ourselves and our staff people more, and create more jobs. It seems to be almost inappropriate at this time. Perhaps we should wait, hold this Bill, vote against it at this point in time or at least vote 'present', until we can find out better what our tax picture will be. For many of you, I think we all try to do our legislative jobs. We knew what the jobs were, we've all been in it for awhile, so I think we can still do it with our dollars. But I just think I would rather see this money go to education, mental health, the other things that really have a crying need rather than to help ourselves. So I oppose the Bill."
"The Gentleman from Cook, Mr. McAuliffe."
"Well, Mr. Speaker and Ladies and Gentlemen of the House, I rise in support of Representative Ronan's Bill 1904, is a Bill who's time has truly come. I know in my Ward in the City of Chicago, the Alderman has a staff of four or five people and I think that the Legislators down 170 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 here work as hard as most of the Alderman do in Chicago. They have sufficient staff, it's about time that we caught up to them. I know when I'm out of the office people want to come in. they want to talk to somebody that has some knowledge about what's going on. If you have nobody in the office, if you have to pay people out of your campaign account, I pay the rent on my office out of my campaign account, because there isn't enough money in the... our legislative account to pay for all the things that we need. If you want to keep in touch with your people you have to use that account for postage and for mailing. This would be a wonderful step forward to help professionalize our office staff and have someone in the office who knows what they are talking about all the time. And, I strongly "recommend an aye vote for House Bill 1904."
"The Gentleman from McLean, Mr. Ropp."
"Thank you. Mr. Speaker and Members of the House. It seems like we just made some substantial increase in our district allowance, and I know that every district does not require the same amount of money. But, it also seems like this is like giving money to the recent Judges that we gave a couple of years ago, it was a sizeable $15,000 increase. If you are in fact hiring your own person, which is providing services for you now, and this $18,000 increase is a substantial increase. To think that we could afford three million dollar increase at this time is something a little bit more than, I think, this Body ought to be addressing at this particular time. And even though the Appropriations Chairman is in front of me, and I admire his wisdom and his thoughtfulness very much, it just seems that we ought to wait until we determine how the revenue is going to come into this state first, and I would certainly think that we ought to just hold off on this a little bit 171 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 later on into the Session. Thank you."
"The Gentleman from Cook, Mr. Ronan, to close."
"Thank you. Mr. Speaker. In my closing remarks, I just want to remember... remind the Members this is permissive legislation. For my distinguished colleagues on the other side of the aisle who happen to speak against the legislation, if they feel that in their particular district, they do not have the kinds of constituent demands that do affect most of us in our opportunities to be a good Legislator, they do not have to hire the position. So that when they talk about a three million dollar price tag that's not accurate. The price tag on this legislation is going to go to the Legislators who believe it's important to provide constituent services as their top priority. So, there is no specific price tag, its permissive, and I think it's important that we move the General Assembly into the role of being a professional organization that cares about the people of their districts. That's why I urge an 'aye' vote for House Bill 1904."
"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? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. The Gentleman from Cook, Mr. Ronan, asks for a poll of the absentees. Absentee."
"A poll of those not voting. Stange, no further."
"Mr. Hicks. Mr. Hicks, votes from 'no' to 'aye'. On this question... on this question there are 59 voting 'aye', 55 voting 'no', 1 voting 'present'. And the Bill... Mr. Ronan, did you wish to put this on the Order of postponed consideration... Mr. Sutker. Mr. Sutker votes 'aye'. On this question there are 60 voting 'aye', 54 172 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day voting 'no', 1 voting 'present'. May 14, 1987 And this Bill having received the Constitutional Majority is hereby declared passed. Yes, Ms. Frederick, for what purpose do you seek recognition? Ms. Frederick."
"Mr. Speaker, I was in the back of the room discussing a Bill when House Bill 396 came up, could I indicate, via the Journal, that I would have voted 'aye had I voted."
"Yes, of course. Let the Journal so reflect. On this Order appears House Bill 2164. Mr. Clerk, read the Bill."
"House Bill 2164, a Bill for an Act to amend the Illinois Human Rights Act. Third Reading of the Bill."
"The Gentleman from Cook, Mr. LeFlore."
"Thank you, Mr. Speaker. House Bill 2164 authorizes mandatory retirement of police officers and firefighters at the age of 63. This Bill conforms with the current municipality codes. And I ask for a favorable vote."
"The Gentleman from Cook, Mr. LeFlore moves for the passage of House Bill 2164. And on that, is there any discussion? There being none, the question is... the Gentleman from DuPage, Mr. McCracken."
"Will the sponsor yield?"
"He indicates that he will."
"Isn't there some federal legislation or regulations relative to the compulsory retirement of firefighters and law enforcement officers? Isn't there something in the works now, relative to that?"
"Representative, not to my knowledge."
"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 open. This is final action. Have all voted who wish? 173 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Have all voted who wish? Have all voted who wish? Mr. Have all voted who Clerk... Have all voted who wish? wish? Mr. Clerk, take the record. On this question there are 75 voting 'aye', 26 voting 'no' and 11 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On this order appears House Bill 854. Mr. Clerk, read the Bill."
"House Bill 854, a Bill for an Act to amend the Illinois Municipal Code. Third Reading of the Bill."
"The Gentleman from Cook, Mr. O'Connell, on House Bill 854."
"Thank you, Mr. Speaker and Members of the House. House Bill 854 is the Municipal Bond Reform Act of 1987. This particular Bill had it's genesis when the Cities and Villages Committee established a subcommittee to review the debt statutes for non-home rule municipalities. It has long been my belief that Illinois lags far behind in the modernization of its debt statutes, particularly as it relates to non-home rule municipalities. And this defect has become even more enhanced with the Tax Reform Act of 1986, in that our non-home rule municipalities have not only a competitive disadvantage with other states but a competitive disadvantage with home rule municipalities as well. Accordingly, the subcommittee brought together a number of experts in the field of debt statutes including underwriters, distinguished bond counsel and representatives of various municipal groups, including Illinois Municipal League, the Northwest Municipal Conference and the South Cook County Municipal Conference. What was produced was, I think, a very detailed and studied evaluation of non-home rule debt statutes for Illinois. Mindful, in its preparation were three elements that the subcommittee stayed with and is reflected in this Bill. 174 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 Number one, each reform does not increase legally authorized debt limits. Two, it does not circumvent citizen control and three, will not cost, and in fact saves taxpayers money. I asked the Committee to avoid any controversial issue that might in anyway jeopardize an orderly, efficient modernization of a debt statutes... our debt statutes. And I think we follow that to the 'T'. If I could briefly run through some of the reforms that are addressed and certainly will then open myself up to any question that may arise. One of the problems with our back door referendum procedures is that a municipality is required to publish very detailed procedures, very detailed issues, that are contained in the authorizing ordinance. With a fluctuating bond market, often municipalities are not able to take advantage of a fluctuating interest rate that might benefit that community. Years ago that wasn't a problem because you had a rather stable interest market. Now a days, as you know, interest rates fluctuate. What this Bill will do by permitting the municipality to present an authorization ordinance that, in effect, summarizes and highlights the important elements that the public should be aware of, it permits the municipality to make a change in its issuance procedures without having to lose an advantage of a fluctuation in the interest rate markets. There are... also an area which Illinois is woefully behind in, in comparison to other states, and that is the establishment of debt service reserve funds. Right now, in Illinois, we're limited in terms of revenue bond issues to only the available corporate monies or user fees. Now, this restriction hurts the competitiveness of Illinois Revenue Bonds and it eventually cost taxpayers money. With being able to set-up a debt reserve fund will create debt reserves and prevent the bond proceeds... would create debt 175 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 reserves from bond proceeds and enhance the bonds credit in the market. It is estimated that the ability to capitalize reserve fund is a form of credit enhancement that can save many Illinois communities as much as, or more than, fifty to one hundred bases points in interest costs. The New York rating agencies consider reserve funds, along with the ability to pledge service coverage, an essential credit feature of revenue bonds. This Bill will permit the establishment of a debt reserve fund. Another problem in Illinois, out law as it relates to these bonds, is it prohibits on a revenue bond the municipality from charging rates that would fail to generate any more than necessary coverage. So, there's no cushion in the event that there is a decrease in user fees. This Bill would allow the issuance of more bonds in order to establish a cushion, or a coverage ratio, that will also enhance the credit of our bonds. There are a number of other areas that I would be happy to address and I'd open myself up for questions at this time."
"The Gentleman from Cook, Mr. O'Connell, moves for the passage of House Bill 854. And on that, are there any questions... any 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 open and this is final action. 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 114 voting 'aye", none voting 'no', 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 8 of the Calendar, Special Call Revenue, on that order on the order of House Bills Third Reading appears House Bill 161. Mr. Clerk, read the Bill." 176 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"House May 14, 1987 Bill 161, a Bill for an Act to amend the State Mandates Act and an Act requiring Fiscal Notes. Third Reading of the Bill."
"The Lady from Cook, Ms. Barnes."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Bill comes from the Commission on Intergovernmental Cooperation. It's to prepare fiscal notes on Bills creating or expanding a state mandate. The Commission is required to hold semiannual hearings on state mandates with regard to data and recommendations prepared by DCCA, requires the Economic and Fiscal Commission to prepare pension impact notes for Bills that create or expand a state mandate by an Amendment to the Illinois Pension Code. And I would ask for an 'aye" vote."
"The Lady from Cook, Ms. Barnes moves for the passage of House Bill 161. And on that, is there any discussion? There being none, the question is, 'Shall this Bill pass?" All in favor signify by voting 'aye' and those opposed vote 'no". Voting is open. This is final passage. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 113 voting 'aye', none voting 'no', none voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order of Business appears House Bill 873. Mr. Clerk, read the Bill. Ms. Braun in the Chair."
"House Bill 873, a Bill for an Act to amend the County Home Act. Third Reading of the Bill."
"The Chair recognizes the Gentleman from Lake, Representative Peterson, on House Bill 873."
"Thank you. Madam Speaker and Ladies and Gentlemen of the House. House Bill 873 increases, from two and a half 177 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 cents to ten cents, the maximum tax rate that a county home may impose by a front door referendum, for sheltered care or nursing home care. Currently, Lake County by front door referendum created a rate of two and half cents which is provided by law. This happened approximately four years ago. At this time they are looking at financial constraints, they would like to have the opportunity to go to the taxpayers again and ask them to raise the rate, they may not go to ten cents but they felt that that would be sufficient that we wouldn't have to come back later on to the legislature and ask for another increase. This is once again, front door referendum and I appreciate your affirmative vote on House Bill 873."
"The Gentleman has moved the passage of House Bill 873. And on that, is there any discussion? There being none, the question is, "Shall House Bill 873 pass?' All in favor vote 'aye", opposed vote 'no". Voting is open. This is final action. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 114 voting 'aye", 1 voting 'no'. And House Bill 873, having received the Constitutional Majority, is hereby declared passed. Representative Hartke votes 'aye'. Or would like to be recorded as voting 'aye. Intending to vote 'aye'. House Bill 981. Representative Greiman. Mr. Clerk, read the Bill."
"House Bill 981, a Bill for an Act to amend an Act in relation to natural resources. Third Reading of the Bill."
"Yes, Speaker, leave of the House to return this Bill to the order of Second Reading for the purposes of an Amendment."
"The Gentlemen requests leave to return the Bill to the Order of Second Reading. Leave is granted. The 178 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 Bill will be returned to the Order of Second Reading."
"Floor Amendment #1, offered by Representative Greiman."
"The Gentleman from Cook, Representative Greiman."
"Thank you, Speaker. This Amendment was offered at the suggestion of Representative Klemm and other Members of the Executive Committee to make sure that no monies out of this would ever go to anybody's personal interest. Accordingly, we have limited the situations where, in the event there was a rental arrangement, no one who was on the board of the museum could have a ten percent or more interest in any property in which the museum was, in fact, housed or located. And it's merely to make sure that there's no... that never in the future any kind of personal interest of any significance that would be affected by this Bill. I think the Amendment is a good Amendment and it's a good safeguard against any kind of conflicts of interest."
"The Gentleman moves the passage of House... of Floor Amendment #1. And on that, is there any discussion? The Chair recognizes the Gentleman from McHenry, Representative Klemm."
"Thank you, Madam Speaker. The Sponsor, I think, accurately described the activities of the Executive Committee. He did prepare the Amendment, it seems to be in order and I certainly stand with no opposition to the Amendment."
"Representative Greiman to close."
"Thank you."
"The Gentleman moves the passage of Amendment #1. On that, the question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye', those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?" 179 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"No further Amendments."
"Third Reading. The Gentleman May 14, 1987 asks leave to have... for immediate consideration of House Bill 981 on the Order of Third Reading. Is leave granted? Leave is granted. Mr. Clerk, read the Bill."
"House Bill 981, a Bill for an Act to amend an Act Third Reading of the in relation to natural resources. Bill."
"Representative Greiman." "Thank you, Speaker. Currently the Department of Energy and Natural Resources administers a museum grant program. We appropriate and there is a wide variety of museums who receive monies from these grants. This Bill creates an opportunity for the Department to include a new museum which has been established in Chicago, very exciting museum, it's called Museum of Broadcast Communication. Chicago and the middle west was, in the early days of radio and the early days of television, really the center of these and all the great programs of most of our childhood originated there. And this museum is wonderfully conceived, wonderfully perceived, I believe, and will be very important... addition to Chicago's cultural institutions. Presently, the museum, I think, is scheduled for opening a little later this year, and most people who are aware of it are very excited. And I would ask you to pass this Bill."
"The Gentleman moves the passage 981. And on that, is there any discussion? recognizes the Hallock." Gentleman from Winnebago,
"Thank you, would the Sponsor yield?"
"He indicates he will. of House Bill The Chair
Representative Hallock: "This issue, as I recall, was debated somewhat last 180 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Session as well and the idea, I think, had some merit then and it does now. My question is, if we establish this precedent herein, will this allow any public or private museum to qualify for funding? How will this work?"
"Well, you would have to... first place somebody would have to come and pass a law in this legislature. This is a really narrow kind of thing, plus we don't set out the amounts or the percentages or anything like that, the department would look at it. And, obviously, if someone decided that they wanted to have a historic public broadcasting museum, I think the department would look at it very carefully, and would suggest that it would be a phony, this is a very significant cultural contribution to the northeastern Illinois area. It would be easy and obvious to see that so it's not just... it's like a grant, I mean, nobody's automatically entitled to it."
"So, then what this Bill does in essence, it takes the current museum fund and adds this type of museum as being one of those qualifying entities that can receive some funds under that... fund. Thank you."
"Yes, that's correct."
"Is there further discussion? The Chair recognizes the Gentleman from Cook, Representative Preston."
"Thank you. Madam Speaker and Ladies and Gentlemen of the House. I rise in support of Representative Greiman's very good Bill. Chicago is quickly becoming a broadcast center for this whole country. And, this museum will do a great deal towards making Chicago, indeed, that center. I think Representative Greiman has a very good piece of legislation, it will help Illinois, as you know many more television programs are being filmed here in the State of Illinois. The Governor's office is very active in wooing, 181 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 trying to attract these production companies to our state. It's a great state and I think this broadcast museum will do a good deal towards emphasizing that center that we ought to become. And I ask for your 'aye vote."
"Representative Greiman, to close."
"Just... who was that masked man, anyhow? I just ask for passage."
"For what reason does the Gentleman from DuPage, Representative McCracken, rise?"
"To speak on the Bill."
"We have already closed debate, Representative McCracken. You're light just went on."
"My light was on."
"No, it wasn't."
"Now, let's not start. Are you going to let me speak for a minute or two on this?"
"You can explain your vote, Representative McCracken."
"Madam Speaker, are you going to let me speak on this in debate? My light... I turned my light on."
"The Gentleman has moved the passage of House Bill 981. All in... Representative McCracken, your light was not on. Yes. Representative McCracken, you may have your few words."
"Discretions the better part of valor, Speaker, I think you made a wise choice."
"Thank you, Representative McCracken."
"To the Bill. This is a grant program which the Gentleman wishes to include this facility in. I don't doubt that the facility has some merit, I don't question that at all. But the fact of the matter is, this opens up, I think, much more than the Gentleman would acknowledge the possible museums which may apply for grants. According 182 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day to our analysis the Department May 14, 1987 of Energy and Natural Resources estimates that this will... that currently 1.3 million dollars of the museum fund is presently used for forty-two state museums. They claim that the problem with adding this type of museum is that, possibly, another 200 similar museums may follow and apply for the use of the museum fund. Now, this morning - let the gentleman respond, you know, I'm not saying it's true, but this is what our analysis says. This morning we had a Bill where we wanted to include a local tourism bureau in the grant program administered by DCCA. And many, many of you stood up and said that adding another tourism bureau to the grant program at DCCA would cause problems, that there'd be less money to go around. Now, today we have a museum which E.N.R. estimates could open the floodgates for that grant... for that grant money which is of course a limited resource. And, I think that there has been no need demonstrated for this grant money to support this museum. It's located in a very opulent city within a city. There has been no indication that it needs any money or that it's failing to get any support. And why is it that we need to include this? Why is it that this is such a worthy cause? Can't it support itself? Does everybody want to share its grant money? Which is a very limited resource."
"Representative Greiman. Representative Greiman."
"I'll tell you if that's what the analysis says, I think we had better have a meeting with the staff member later. Now, lets look at what this Bill says. This Bill says it includes now 'a facility dedicated to preserving, displaying or presenting the historical aspects of radio and television broadcasting. Which is open to the general public, with or without a charge for admission, and is operated by a not-for-profit corporation'. Do you mean to 183 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 tell me that some analyst says or believes that there are going to be 200 hundred museums, in Illinois, opened for the historical aspects of radio and television broadcasting? Two hundred museums? Are we going to have one in Pana? Are we going to have one East St. Louis? Are we going to have one... in every town in this state? Give me a break. This is a museum that, really, the whole cultural community of Chicago is very much... is very much supportive of, is working hard for. Obviously, there is not going to be a flow of people yearning, burning to capture the days of yesteryear with the Lone Ranger or Jack Armstrong. Now, that analyst... that analyst better go back and read the Bill. It's a one paragraph Bill and just go read the Bill. It's just silly. I ask for it's passage."
"The Gentleman has moved the passage of House Bill 981. All in favor vote 'aye', opposed vote 'no'. Voting is open. This is final action. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. For what reason does Representative Flinn, rise?"
"I want to rise on a point of order after this roll call, after the roll call, Madam."
"Yes, Sir. Have all voted? The Clerk will take the record. On this question there are 68 voting 'aye', 43 voting 'no' and House Bill 981, having received the Constitutional Majority, is hereby declared passed. Representative Flinn on a point of order."
"Yes, my point is on House Bill 873, after the roll was taken you announced that Representative Hartke votes 'aye'. That's impossible, he has to vote 'no' because the roll was taken. You could state that his intention was to vote 'aye'. We need to watch our switches, you know, we really 184 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 need to watch them close. All of us, when you punch a 'no' it's going to be a 'no', forevermore."
"You are correct, Representative, thank you. House Bill 1206. Representative Goforth. Mr. Clerk, read the Bill."
"House Bill 1206, a Bill for an Act to amend an Act..."
"Out of the record. House Bill 1307. Representative Giorgi. Representative Giorgi? Mr. Clerk, read the Bill."
"House Bill 1307, a Bill for an Act in relation to State Finance. Third Reading of the Bill."
"The Chair recognizes the Gentleman from Winnebago."
"Madam Speaker. this is another Bill introduced at the request of State Treasurer. And it provides for a continuing appropriation of amounts sufficient to pay the principal and interest on bonds payable from the matured bond and coupon fund. And this is for late bond cashiers. I urge support."
"The Gentleman has moved the passage of House Bill 1307. And on that, is there any discussion? There being none, the question is, 'Shall House Bill 1307 pass?' All in favor vote 'aye', opposed vote 'no'. This is final action. The voting is open. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 74 voting 'aye', 41 voting 'no'. House Bill 1307, having received the Constitutional Majority, is hereby declared passed. House Bill 1763. Representative Kulas. Mr. Clerk, read the Bill."
"House Bill 1763, a Bill for an Act to amend Retailer's Occupation Tax Act. Third Reading of the Bill." 185 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"The Chair recognizes the Gentleman from Cook."
"Thank you, Madam Speaker and Ladies and Gentlemen of the House. House Bill 1763 amends the Retailers Occupation Tax and it would make mandatory the provisions relating to revocation of a taxpayer's certificate of registration for violation of the Act. Under current law... the current law only permits the department to revoke the certificate of registration for persons who violates the Act, but it does not mandate it. Under this Bill it would mandate that the certificate be revoked. This Bill came about because of the large numbers of people who have not... who are not paying their real estate... I mean, their sales taxes and, at the same time, they continue to do business in the state. And I've talked to the Department on this Bill, the Department of Revenue is working with me on this Bill, they agree something must be done in this area. I would ask for a favorable roll call."
"The Gentleman has moved the passage of House Bill 1763. On that, is there any discussion? Representative McCracken."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Will the Sponsor yield for some questions?"
"He indicates he will."
"Representative, is the Department still opposed to the Bill?"
"I talked to the Department, they're not opposed, they're working on an Amendment that they are going to work it out in the Senate. But they said that they are going to work on this Bill."
"Okay, I think they... correct me if I am wrong but they don't want, necessarily, the mandatory revocation. They want some flexibility in the enforcement procedures. Is that right?" 186 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
May 14, 1987 "Yes, that's correct. I understand that this... my Bill is very strict, but I am sure we will be able to work something out."
"I guess the point is, is that currently the revocation is used as a tool of last resort. If they are unable to work out a payment, or clear up a delinquency by voluntary means, then they can resort to this revocation of the certificate for violation of the Act. To make it mandatory, in the first instance what would result in a tremendous hardship to the department and really cut out from under them the ability to negotiate these cases successfully. This is like any other area of litigation. You know, one has to compromise to some degree to get the monies collected. I understand that the Gentleman see's the wisdom of Amendments and is willing to work it out. But, as it stands now, I believe the Department is still opposed, and as a mandatory matter, I think we should not be passing it out."
"Is there further discussion? The Chair recognizes the Lady from Lake, Representative Frederick."
"Yes. Will the Sponsor yield for a question?"
"He indicates he will."
"Representative Kulas, it was my understanding in Committee that you were going to amend this Bill on Second Reading to conform to the Department's request?"
"That is correct, Representative Frederick. I had just talked to the... Desi Harris from the Department of Revenue and she told me that the Amendments are not ready, just to move the Bill out."
"Did she really? Well I would hope that you really would do this, because I think the Department did have some problems with the mandatory aspect of the Bill. So, based on your promise that you will amend the Bill, I'll support 187 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day it."
"That is correct."
"Is there further discussion? There being none, the Gentleman from Cook, to close."
"Thank you. Madam Speaker. I think this Bill is something that is needed. We must enforce the provisions and if you want to support the deadbeats who are not paying taxes, and because of that we are in the revenue position that we are in today, then vote 'no'. But, if you want... if you are for good government and you want to get rid of these deadbeats then vote 'aye'."
"The Gentleman has moved the passage of House Bill 1763. All in favor vote 'aye', opposed vote 'no'. The voting is open. This is final action. Representative Churchill."
"To explain my vote, Madam Speaker. It is my understanding that the Department of Revenue is having a difficult time figuring a way to try and clean this up. I think at this point this is a Bill that we should defeat. If it's something that is of valid interest we can come back at a later Bill and try and amend it on... All the green votes. You'll be back to talk to us about your bad votes, at some point."
"Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 77 voting 'aye', 37 voting 'no'. And House Bill 1763, having received the Constitutional Majority, is hereby declared passed. Representative Greiman in the Chair."
"On this Order of Business appears House Bill 1815. Mr. Clerk, read the Bill."
"House Bill 1815, a Bill for an Act to amend the Illinois Income Tax Act. Third Reading of the Bill." 188 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"The Gentleman from Cook, Mr. Martinez, on House Bill 1815."
"Thank you, Mr. Chairman and Ladies and Gentlemen of the General Assembly. House Bill 1815 amends the Income Tax Act, prohibits the withholding of refunds from a joint taxpayer having no liability. The Bill provides that if the Department of Revenue withholds a refund, because of some other liability due the state and if the return for which the refund is claimed in the joint return, the taxpayer who jointly filed, but who is not the person liable, shall be entitled to his or her portion of the refund which is attributable to such person. Such other liabilities could be delinquent student loans or delinquent child support. I ask your support for this measure."
"The Gentleman from Cook, Mr. Martinez, moves for the passage of House Bill 1815. And on that, is there any discussion? There being none, the question is, 'Shall this Bill pass?' I'm sorry, the Gentleman from Cook, Mr. Terzich."
"Representative Martinez, I've never heard you speak. Is this your first Bill?"
"It certainly is."
"Oh, okay. Could you pick a better one, or I mean is this... is this the best you can think of, is something like... your Senor Berrios said, "This is a good Bill.."
"A what kind of Bill?"
"A good Bill."
"Thank you, Mr. Berrios."
"The question is, 'Shall this Bill pass?' All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is open. This is final passage. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question 189 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 there are 108... 109 voting 'aye", 3 voting 'no', none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order of Business appears House Bill 1920. Mr. Clerk... Мг. Bowman? Mr. Bowman? Out of the record. On this Order of Business appears House Bill 2059. Mr. Stange. Out of the record. On this Order of Business appears House Bill 2065. Mr. Clerk, read the Bill."
"House Bill 2065, a Bill for an Act relating to the conducting of certain games of chance. Third Reading of the Bill."
"The Gentleman from Will, Mr. Van Duyne, on House Bill 2065."
"Thank you. Thank you, Mr. Speaker and Members of the House. The intent of House Bill 2065 is to allow the people who are in that little narrow nitch of having bingo licenses to have full tabs and jar games sold while they are having bingo in their own clubrooms. We all know that our veterans organizations and our churches have been actually backed up against the wall with their rising costs and their lower revenues. It is necessary for them to have these to keep going. Also, there is an established fact that a lot of them are doing it right now. So, in essence, the idea of this Bill is to give them the increased revenue and, as we always say, make honest men out of illegal ones. The technical part of this Bill is that in the bingo license there is a term that says there is... there will be no, quote illegal gambling end quote, going on on the premises. So, this necessarily changes that to make it legal gambling, to negate that part of the law. So, with all of that said, I think we've had this before us before. I think we are all here to try to help our veterans' organizations and our churches. This restricts it within 190 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day the scope of the people who do that. appreciate your support." May 14, 1987
And I would Speaker Greiman: "The Gentleman from Will, Mr. Van Duyne, moves for the passage of House Bill 2065. And on that, the Lady from Cook, Ms. Wojcik."
"Representative, is this a vice Bill or does this have something to do with liquor tax?"
"The Gentleman has indicated he will yield for questions. Mr. Van Duyne."
"Does this have something to do with the liquor tax?"
"No, Ma'am."
"You understand what this Bill is all about then, right? Is this your first Bill?"
"Yes, it is. I lied though."
"It's your first Bill. Okay, thank you. 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 open. This is final action. 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 72 voting 'aye', 39 voting 'no', none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order of Business appears House Bill 2750. Out of the record. On this Order appears House Bill 2826. Mr. Clerk, read the Bill."
"House Bill 2826, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of the Bill."
"The Gentleman from Cook, Mr. Peterson."
"Thank you, Mr. Speaker, it's the Gentleman from Lake. Wrong Peterson."
"Yes, proceed."
"Thank you, Ladies and Gentleman of the House. House 191 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Bill 2826 was introduced on behalf of the Department of Revenue. It makes revisions to the Private Vehicle Use Tax Act, to eliminate underreporting of sale prices as a means of lowering tax liability. It also averts the abuse of exemptions and gift transactions. I hope you will listen closely because, this is a Bill that hopefully, if it is passed and signed by the Governor, will net the State Treasury somewhere around 25 million dollars. As amended, House Bill 2826 changes the way in which the private vehicle use tax is imposed from the current 5% sales tax price to flat rate, based on the model and the year of the vehicle. The reason we went through this change is to eliminate the opportunities for underpayment of tax, which currently plague tax collection efforts. The following examples of underreporting illustrate the kind of problem we have had in trying to collect the appropriate tax due on used car tax sales. Example one, Cook County man bought a 1979 Cadillac for $6,000, but claimed he paid only a 1,000. Two, another man bought a '79 Jeep for $3500 and said he only paid 500. Third, the third person bought a '83 Honda for 6800, but listed only 1,000 on the tax return. The flat rate fee, based on model and year of the car, simplifies the tax collection process. It certainly reduces staff time and money involved in identifying and retrieving unpaid liabilities due the State. And will certainly bring added revenues to the State. As I mentioned before, if this Bill is incorporated, they estimate that the, using 1986 sales figures, the State would reap somewhere around $56,000,856, (sic) as opposed to the revenues of... currently of $32,363,000. I ask for your favorable support of this Bill."
"The Gentleman from Lake, Mr. Peterson moves for the passage of House Bill 2826. And on that, is there any 192 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 discussion? The Gentleman from Macon, Mr. Dunn.
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Will the Sponsor yield for a question?"
"He indicates he will."
"Is the Amendment the Bill now?"
"That's correct.”
"And as I skim the Amendment, it looks to me like there is a cap on the amount that would be paid for a used car sale. There's a top limit, what is that limit?"
"Three hundred and ninety dollars."
"And I saw an Amendment analysis, somewhere, that would lead me to believe that based upon the current rate that would translate to about... if someone under the present law paid $300 in tax they would be buying and selling a car in the range of about $8000. Is that correct?"
"That's around the average, yes."
"So, if this Bill becomes law, then anyone who buys a used car that has a value of ten or twelve or fifteen or twenty thousand dollars, in effect, will be getting a tax break, won't they?"
"They would be paying less than they would under the 5%. That is correct."
"That's correct. And I don't no how this translates down at the bottom of the scale but I don't, I don't know why when we are strapped for taxes in this State and when a lot of people are out of work and when we have difficult times, for what reason should we give a tax break to people who drive luxury cars. I don't understand that."
"Representative the problem is the underreporting and amount of staff time that's dedicated to trying to collect that amount. As I stated before, this will, according to the department estimates, bring in 25 million dollars more in revenue." 193 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987
"I can appreciate that viewpoint. But then why isn't the top limit bumped up a lot higher? I don't think you're intending to say, that those who buy and sell luxury cars are the most or the least guilty on reporting. I suppose that's across the board, I don't know. Mr. Speaker and Ladies and Gentlemen of the House, to the Bill. I think we can clearly see that, while there may be a laudatory purpose for this Bill as amended, what we are doing is we're shifting one more time a tax burden away from those who can best afford to pay a tax on to those who can least afford to pay a tax. Because, this legislation clearly will reduce the amount of sales tax which have to be paid by private individuals exchanging title to luxury cars. Those who have to have a car to get to and from work, those who drive the so called beaters because they have nothing else to drive, will be paying whatever the formula calls for, and it may be about the same or it may be more or it may be a little less. But there is important symbolism in this legislation and I don't think we should be in these days, in these times, just flat out giving a break to those people who drive luxury cars. That's what this Bill does in its present configuration. It's not to say that this Bill can't be redrafted and redrafted to be fair and equitable to everyone. It's just to say that in its present form it is not equitable to those of us who don't drive luxury cars. Those of us who drive luxury cars, it's a grand Bill and you should vote for it. If you don't drive or can't afford a luxury car or if you represent people who can't afford and can't drive luxury cars you should vote against this Bill."
"The Gentleman from Cook, Mr. Cullerton. I'm sorry. Mr. Young at Mr. Cullerton's desk."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the 194 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day House. To the Bill. I agree with the Although. however well May 14, 1987 previous speaker. intentioned this Bill may be, it does shift the burden, and again we see a situation while... where those at the very top end of this formula, will get a better deal than under the old formula. And those at the very bottom will get the worse. As I look at the Bill, cars over ten years old and I guess thereafter forever, will all pay at least a twenty-five dollar tax under the 5% formula, that would be what was required, if a car sold for five hundred dollars. Now, in a lot of circumstances in this State, we sell these old beaters, two or three or four hundred dollar cars, but in all situations we'll pay a tax, as if the selling price was five hundred dollars. I look at an eight year old car, a sixty-five dollar tax, so we are assuming that an eight year old car was sold under the old price, that would have been over a thousand dollars, may be eleven hundred dollars. Again I... the other thing I liked to question are the Department of Revenue's estimates. If I recall, when this original Bill was passed, the Department of Revenue estimated that the 5% used car tax would generate enough income to fund Build Illinois. Which of course, it hasn't. So, although this Bill is well-intentioned, at the top end, if new cars, if someone buys a one year old, twenty-five thousand dollar car, they'll pay a rate, that the someone who had a eight thousand dollar car, would pay. And at the bottom end of the scale, if somebody sells an old beater they'll still have to pay a minimum amount that would be equal to at least a five hundred dollar car. In the middle years. we are assuming a higher rate at the bottom than would have been paid under the 5%, and I think we need to go back and re-draw this formula. I urge a 'no' vote."
"The Gentleman from Cook, Mr. Keane." 195 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"Thank you, Mr. Speaker. I rise in support of the Bill. Right now the Department of Revenue and the Secretary of State's Office indicate, that there is a great deal of confusion on how this works. There's also a great deal of... there are a great number of relatives who show up, and we've got people who are claiming that they are relations to one another in order to get the relative cut... the relative write down and we are encouraging, I think, by our existing tax practice, we are encouraging fraud, or duplication by the citizens. I have just talked to the Revenue Department and I agreed with the previous two speakers, regarding the fact that luxury cars would escape. They indicate to me that they're willing to put a luxury car figure in there, if we come up with a definition, will define what luxury cars are, and put an amount in for that first year. We do want however, the cheaper cars if someone is unfortunate enough to buy and sell a Yugo which runs brand new for about $5,000, and he sells a one year old Yugo, he will be hurt by this Bill. In terms of the bottom end of this, the $25 that is the cheapest set rate, the $25 does not cover the processing costs. So, it's really based more on what it costs to process a transfer of title, rather then representing the value of the car. The reason that we need this legislation, as the Sponsor indicated, is so that people... it will make it a lot easier to administer, will save a ton of money in the Department of Revenue and in the Secretary of State's office, administering this Bill. And we will also get people to quit cheating or trying to collude on to what the price of a private... a car between two private individuals was. I would urge your support of the Bill."
"The Gentleman from McLean, Mr. Ropp."
"Thank you, Mr. Speaker. Will the Sponsor yield?" 196 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"He indicates he will."
"Representative, would this particular schedule now apply to those individuals who operated used car lots? As well as private ownership?"
"This only concerns private ownership, not commercial sales."
"Doesn't that somewhat show... the reason why we changed this a few years ago, was because those car dealers felt that they were at a disadvantage in dealing in used cars, paying the regular sales tax, when private people did not. And, I think the charge then was like thirty dollars, it seemed like that was somewhat of a disadvantage. Is that not right? Or what was the thinking?"
"In some instances you're right."
"Might I suggest that it seems like in the preparation of this schedule that, as has been indicated, we are far to low on the upper end. And I would even suggest that you even cut it off at six or seven years of age and anything older than that not have any tax at all. It would seem to be that we would generate more money and it would be fairer than to carry it on down as has been indicated."
"Representative, I think Representative Keane and I have both... and I will express at this time, and Representative Keane expressed before, we are willing to work on some of these problems in the Senate. And I know that... this Bill came out of Committee with bipartisan support and I know it will be continued to be worked on as it goes through the legislative process."
"Thank you."
"The Gentleman from Cook, Mr. McNamara."
"Thank you, Mr. Speaker. A question on it is, what happened to those people that in your graphic... that underreported the amount of the sale? What happen to those 197 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 people, have they been prosecuted? Do they pay the extra taxes, or what?"
"When the Department was able to verify it, they were made to pay the extra amount of taxes."
"So it's a verification process that they have to go through in order to determine it?"
"That's correct. It takes a lot of time and effort by staff to track down these people after they underreport the sales."
"Okay. As you know some antique cars go for a tremendous amount of dollars and under this Bill, they would pay the minimum amount of a fee, even though those car prices can range anywhere from five thousand, or hundred thousand, two hundred thousand dollars."
"That was another aspect that we are going to be working on. That was also brought up by the Department of Revenue."
"Okay, that's going to be considered on a Senate Amendment."
"That's correct, Representative."
"Thank you."
"Further discussion? There being none, the Gentleman from Lake, Mr. Peterson to close."
"Thank you, Mr. Speaker. I think the Bill has been well debated. I think all the questions have been answered. I just would like to make one comment to Representative Young, who sits on the Revenue Committee, that he did vote for this Bill in Committee. I guess he had a change of heart when it got to the floor of the House. Thank you for your time and I would appreciate an affirmative vote on the 2836 (sic - 28261."
"The question is, 'Shall this Bill pass?' All those in favor signify by voting 'aye', those opposed vote 198 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day "no". Voting is 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 73 voting 'aye", 36 voting 'no', 5 voting 'present'. This Bill having received the Constitutional Majority, is hereby declared passed. On this Order of Business appears House Bill 2866. Mr. Clerk, read the Bill."
"House Bill 2866, a Bill for an Act to amend the Illinois Enterprise Zone Act. Third Reading of the Bill."
"The Gentleman from Vermilion, Mr. Black."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 2866 amends the Illinois Enterprise Zone Act. It allows community based not-for-profit, civic leagues or organizations operated exclusively for the promotion of social welfare and certain local employee associations to be designated as designated zone organizations. This addresses the human service side of enterprise zones, rather than the hard economic development side. I would urge favorable consideration of House Bill 2866."
"The Gentleman from Vermilion moves for the passage of House Bill 2866. And on that, the Gentleman from Macon, Mr. Dunn."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Just list some specific examples of organizations that would be able to take advantage of enterprise zones if this legislation becomes law."
"Mr. Dunn?"
"The question was I would like to know some examples of organizations that will be able to take advantage of the enterprise zone legislation, if this Bill becomes law."
"Are you asking me that question, Mr. Dunn, or I thought you were... excuse me, I thought you were going to read 199 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 46th Legislative Day them."
"Yes, I am."
"Chambers of Commerce, for example, Economic Development Corporations who do not currently qualify under the existing statute of 501-3C. And, I would also point out that to date there are seven designated zone organizations. And keep in mind these are zone organizations, these are not enterprise zones, as such. The ones currently approved are located in Belleville, Decatur, Des Plaines River Valley, Harvey, Kankakee River Valley, Streator and Rockford. I would point out to you, Representative Dunn, that of the five DZO projects that are approved, I think two of them are in your district. One, the Long View Community Day Care Center and Neighborhood Service Project in Decatur."
"That may be fine, or may not be fine. But what I want to know is, as I read the analysis it looks to me like organizations which were devoted to recreational purposes. Would this include a racket ball club? Would it include the American Legion, the Moose, the Elks? I don't know are these..."
"I wouldn't think so. Representative, you're question is certainly well taken. They would have to be approved by the governmental entity that controls the Enterprise Zone as well as having to be certified by DCCA. I certainly can't sit here and promise you that none of those organizations would ever be so certified. I would certainly be, as I'm sure you would, surprised it they were so designated."
"Mr. Speaker and Ladies and Gentlemen of the House, The reason I raised these questions, the reason I rise is out of concern for the tax base, which is the main sources of income for local governmental units in our respective home 200 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 areas. I doubt if there is a downstater in here who hasn't heard the complaint that the equalized assessed value is dropping and dropping and we continually chip away at it. We try to chip away at the equalized assessed value for what we consider important reasons. Homestead exemptions and senior citizens exemptions and perhaps some charitable exemptions, of course we exempt religious corporations. But when we get into bowling alleys and racket ball clubs, most of whom are set up for profit bases, and I presume the statutory definition will require them to be nonprofit but I really don't know. But certainly the 501-C4 groups include some of those who are strictly recreational. I don't know when we hear that county government doesn't have enough money, that the schools don't have enough money, that municipal governments are strapped for revenue, that we should be chipping away at the equalized assessed value for real estate tax purposes by giving tax breaks to recreational organizations. I question the policy, I don't think this should be done and I think the legislation, once again, probably has a meritorious purpose but it isn't ready to be enacted into law. And we should grind this Bill to a halt, and put it in proper form and bring it back to this Assembly when it does what it ought to do, without eroding the property tax base in this state. At the present time I would urge a 'no' vote on this Bill."
"The Gentleman from Fulton, Mr. Homer."
"Thank you. Will the Sponsor yield? The last speaker confused me, a little bit about what your Bill does. I thought your Bill was directed to income tax exemptions or deductions. Is that... isn't that correct? These are income tax deductions, aren't they? They don't have anything to do with the property tax, do they?"
"Under the existing law any business that makes a 201 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 contribution to a designated zone organization is entitled to twice the value of the contribution as a deduction from that business's tax liability. As a former County Board Chairman, I certainly share Representatives Dunn's concern about tax breaks. That's not the intent of this at all. The organizations have to be an employee association or a social welfare agency. I certainly can't see under any, any precept of this Bill where it could be construed as a tax break to a recreational facility, as was mentioned."
"Well, it's getting more confusing now, and maybe that's my fault. But when Representative Dunn addressed the Bill, he was talking about the assessed valuation of a district and as I understand your Bill it has nothing to do with property tax assessments, does it?"
"I don't believe it would affect the equalized assessed evaluation at all Representative."
"Your Bill has to do with income tax deductions that are allowed to be taken for contributions that are made to these 501-C4 organizations. This is an income tax deduction. The question I have is, are contributions currently to 501-C4 organizations deductible at all, under the income tax... Illinois Income Tax Code?"
"Representative, I cannot answer that question. I really do not know under current Illinois law."
"Well, it leaves me in somewhat doubt as to the proper position on the Bill. If... are deductions to 501-C3 organizations, to your knowledge, are those deductible for State Income Tax purposes?"
"I would believe so."
"And, so that being the case what the existing law says, is that if a 501-C3 organization is located within an enterprise zone, that a taxpayer making a contribution to a 501-C3 organization would get a double deduction on their 202 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 income taxes. Which means there is an incentive to make contributions to organizations that are in the enterprise zone. But under current law there is no deductions, I don't believe, for contributions to a 501-C4 organization at all. So your Bill would say that contributions to a 501-C4 organization in an enterprise zone would get a double deduction and yet, there is no deduction for a 501-C4 organization under current law at all. Is that correct?"
"Representative, I really don't know. When... we're uncertain as to whether that is, indeed, the fact."
"Okay, no other questions. Thank you."
"Further discussion? There being none the Gentleman from Vermilion, Mr. Black, to close."
"Thank you very much. Mr. Speaker. This Bill merely attempts to address some of the human services needs that we would like to see promoted and carried out in enterprise zones. It is certainly not intended to reduce the equalized assessed valuation. On the contrary, it is hoped to turn those areas around to make them... to add to the quality of life. And, I think, eventually, if it works the way we hope it will, would increase the equalized assessed evaluation. Given that fact, I would ask that you give favorable consideration to House Bill 2866."
"The question is, 'Shall this Bill pass?' All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is 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 105 voting 'aye', 2 voting 'no', 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 10 of the Calendar, on the Order of Business Special Call State Regulation House Bills Third 203 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Reading appears House Bill 20. Mr. Terzich in the chamber? Mr. Terzich? Out of the record. On that Order of Business appears House Bill 255. Mr. Johnson? Out of the record. On that Order of Business... Mr. Johnson, okay, I'm sorry. I didn't see you. Mr. Johnson on 255. Mr. Clerk, read the Bill."
"House Bill 255, a Bill for an Act relating to firearms and firearm ammunition. Third Reading of the Bill."
"The Gentleman from Champaign, Mr. Johnson."
"Thank you, Mr. Speaker and Members of the House. This simply addresses a problem of offenses that were committed so long ago that they don't have any relation to somebody's current ability to have a firearm owners identification card. If the FOID repeal passes, then this Bill would be unnecessary. Talked to Zeke Giorgi and others and to probably everybody here who has a constituent problem of somebody who was convicted of burglary in 1920, and had a FOID, or not even a card, had the ability to own a firearm for 50 years until we changed the law, a few years ago. And then had their rights devested. This simply puts some kind of a reasonable time deadline and I would ask its adoption."
"The Gentleman from Champaign moves for the passage of House Bill 255. And on that, is there any discussion? The Gentleman from Cook, Mr. Bowman."
"A question of the Sponsor. Will he yield?"
"He indicates he will yield for questions."
"Representative Johnson, you gave a theoretical argument in favor of your Bill. But would you kindly explain to me and to this Body, exactly who would be able to get an owners identification card? Who is not now able to get one?" 204 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"If an offense not using a firearm was committed over ten years ago then you'd qualify. You wouldn't automatically get it, but you would qualify for an FOID card."
"Right now, at the present time, the law is that if you have committed an offense... a forceable felony using a firearm you may never get a FOID, is that correct?"
"No, it just says if you committed a forceable felony you could never get one, period."
"Oh, I'm sorry, I was overly restrictive. If you commit any forceable felony at the present time and you are convicted you then are ineligible forever for an FOID?"
"Top line, next page."
"Okay. And you want to say that after ten years then you are eligible."
"Right."
"Okay. Does your Bill include any standards for determining eligibility or, excuse me, for determining of those who are eligible, who shall then get an FOID?"
"The Department of State Police has developed standards administratively and we wouldn't attempt to change those."
"They have developed them administratively? I thought you said right now it was impossible to get one?"
"No, I'm talking about once you meet the threshold eligibility."
"I see, in other words, your law... your Bill, rather, simply would give a general grant of authority to the Department of State Police to issue... to develop the standards. But the Bill itself in it's present form provides no such... okay."
"The Bill itself contains no standards, other than to not punish somebody for something they did a long time ago. Allows somebody to get fresh start. Unless they've 205 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 committed a firearm related offense and so forth."
"Okay. To the Bill, Mr. Speaker. I understand the general principle that the Gentleman who proposes this Bill espouses, that once you pay for your crime, then you get to go out into society and start a clean slate. But Ladies and Gentlemen of the House, we're dealing here with something that is a privilege and not a right. It is certainly true, that a person who has paid his debt to society is entitled to a fair shot at the job market and the housing market and obtaining a needed medical services and other things the we generally regard as rights in our society. But, Ladies and Gentlemen of the House, we're talking about reinstating the privilege, now, of owning a handgun for people who have been, at one time convicted, forceable mind you, not just accused, but convicted of felonies and we are doing this at the same time that as a General Assembly, we are passing legislation, suspending and revoking drivers licenses, for drunken driving. And that we are increasing penalties, where penalties previously had existed and that we are providing penalties where none had previously existed, for drunken driving. Now, I submit Ladies and Gentlemen, that owning a firearm and owning an automobile are in the same category. It's a privilege and it's not a right. And that before we pass this Bill we should consider how the premise that we are operating on here, squares with other principles that we are applying in other legislation. And, I submit, Ladies and Gentlemen, that this is the wrong thing to do at this time. So, I stand in opposition to the Gentleman's legislation. I understand the... what he is trying to do and I sympathize with the kinds of goals that he has, but I really think that we are taking a dangerous step here, by putting firearms back into the hands of people who have 206 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day been convicted of having committed forceable stand in opposition. Thank you." May 14, 1987 felonies. I
"The Gentleman from Morgan, Mr. Ryder."
"Thank you, Mr. Speaker. I stand in support of this issue. And I understand from the previous speaker, the reason now, why he and I have such difficulty on some issues, coming to understand because he's talking about privileges and my understanding of reading the Constitution of the United States, talks about the rights. Now, somewhere along the line, that right became a privilege and that's not what we are talking about here. That is a right, that's the reason for this Bill, that's the reason that we are discussing what we are. And as a consequence I would stand in support of the Bill."
"The Gentleman from Bureau. Mr. Mautino."
"Thank you, Mr. Speaker, would the Gentleman yield?"
"He indicates he will yield for questions." "Representative Johnson, since I'm a non-attorney would you please give me your definition of a forceable felony, so I have it straight in my mind, about what we are including and what we are not including?"
"Forceable felony is contained in the Statute and I can't give you the list of offenses, but it's pretty broad. I can't give you everyone. We exclude, however, I think that's what you are asking me, we exclude from this Bill... prohibit people from being able to obtain a firearm, people have been committed by Amendment #1, firearm offense, first degree murder, second degree murder, so that, for example, somebody who was convicted of breaking into his neighbor's garage back in 1926, that constituted burglary either then or now and had, as I said, a firearm for fifty years and then we passed the law a few years ago that we are trying to modify now, this would grant relief to that person. But 207 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day I can't give you the whole list of offenses. May 14, 1987 It's pretty broad."
"Let me give you a scenario if you will. If an individual was charged and found guilty. let's say of a gambling offense, and they obtained the car as part of that offense. Is that a felony or forceable felony under your proposal here?"
"It could well be. It depends on the law at the time of the commission of the offense and now, but it could well be, yes."
"That means that he could not get a firearm... a FOID card even though he really didn't have a felony. And your Amendment would correct that?"
"This addresses that, yes."
"It addresses it, but we would not be allowing individuals who, in a commission of a crime, used a weapon or anything else. Is that correct?"
"That's correct.”
"Thank you."
"The Lady from Champaign, Ms. Satterthwaite.
"Will the Sponsor yield for a question, please?"
"He indicates he will."
"Representative, the language of your Bill talks about this ten year time, starting with the date of conviction. Can you give me some idea of the length of sentence, the variation in the length of sentence, that would take place for these forceable felonies?"
"Amendment #1... and I'll address... but Amendment #1 provides that the Director can grant relief if ten years have elapsed since the date of conviction or release, whichever is later, which lengthens the period of time. A burglary... again, the problem is, it depends on whether you are talking about the offense at the time it was 208 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 committed or the offense as it would be defined under current law and one of the problems that we are trying to address here is that the Department can take the position that if, under current law, what you committed before would have constituted one of these offenses with a certain sentence or now, they kind of have it both ways. So, that's what we are trying to address. A burglary, I guess, is, I think... correct... somebody have to help me here. Representative Petka or somebody. Two to five. Is that..."
"But then do I understand the Amendment allows the time to start from the completion of the sentence if that is later than the conviction date?"
"Right."
"Okay, I think that helps to address the question I had."
"Mr. Tate, the Gentleman from Macon."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would just ask the Membership to listen to one example I had from my own district. I have a gentleman that is currently a vice-president of a university in my home town that when he was 18 years old he broke into a garage to steal some beer. He stole a case of beer and he was convicted of a felony. The guy has never had another conviction of any type. He's never had a traffic ticket of any type. He's very involved in the community. He's a law-abiding citizen, yet he can't participate in hunting events or sportsmen events because he was convicted of a felony. This Bill would alleviate that process. This would give people the right to participate and act in sportsmen events. It would give the Department of Law Enforcement or the State Police an opportunity to review those type of cases where currently we have legitimate 209 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 cases where people have reformed. They made a mistake at some point in their life and I would suggest that this is somewhat permissive on it and it's a good piece of legislation and I would encourage everyone to think of it from that perspective and vote 'yes' for this Bill."
"Gentleman from St. Clair, Mr. Flinn."
"Mr. Speaker, I move the previous question."
"Gentleman from St. Clair, Mr. Flinn, moves the previous question be put. All those in favor say 'aye', opposed "no". In the opinion of the Chair, the previous question be... will be put. For what purpose do you seek recognition, Mr. Homer?"
"Thank you, Mr. Speaker. A clarification. The Sponsor has indicated Amendment #1 was adopted. The Calendar suggests otherwise. I think the Membership should have a clarification as to whether Amendment #1 is or is not on the Bill."
"Let's find out. Mr. Clerk, would you advise us? I am advised by the Clerk, Mr. Homer, that no Amendments have been adopted with respect to this Bill. Mr. Johnson, for what purpose do you seek recognition?"
"I had the printout here from staff and explained Floor Amendment #1 and staff just told me that Representative Homer is correct. I was explaining it as though Floor Amendment, which is here, had been adopted and apparently it hasn't, and I apologize. Amendment #1 does what I think everybody wants to do and that is it tightens up the Bill. So, with leave of the Body, I would ask to return it to Second Reading for purposes of adopting Amendment #1, and I apologize if anyone was misled. My understanding was that it... we had adopted it by voice vote."
"Gentleman from... alright, first we will take it out of the record on Third Reading. The Gentleman from 210 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Champaign asks for May 14, 1987 leave of the House to return this Bill to the Order of Second Reading the purposes of an Amendment. Does the Gentleman have leave? Leave is granted. Mr. Clerk, are there any Amendments?"
"Floor Amendment #2 is being offered by Representative Johnson... Floor Amendment #1 is being offered by Representative Johnson."
"Gentleman from Champaign... Gentleman from Champaign, Mr. Johnson on Amendment #1."
"And again, thank you. Representative Homer. Amendment up addressing #1 does what we explained the Bill with the Amendment as we thought it would do... has done. Namely, it tightens it Representative Satterthwaite's point lengthening the period of time with respect to the ten years and it also specifically excludes any persons convicted of first or second degree murder or any firearm related offense from ever being able to bear a firearm." Speaker Greiman: of "Gentleman from Champaign moves for the adoption Amendment #1 to House Bill 255, and on that, is there any discussion? Gentleman from St. Clair, Mr. Stephens. No, alright. There being none, the question is, Shall this Amendment be adopted?" All in favor say 'aye', those opposed 'no'. In the opinion of the Chair, the Amendment is adopted. Further Amendments?"
"There are no further Amendments."
Mr. "Third Reading. Gentleman from Champaign, Johnson, moves to suspend Rule 37(b) so this Bill may be heard at this time. Gentleman have leave? Leave is granted. Mr. Clerk, Third Reading."
"House Bill 255, a Bill for an Act relating to firearms and firearm ammunition. Third Reading of the Bill."
"With leave of the House, may we go to a vote on 211 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day this matter? May 14, 1987 Alright. Question is, 'Shall this Bill pass?" All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is open and this is final action. 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 97 voting 'aye', 16 voting 'no', 3 voting 'present', and this Bill, having received a Constitutional Majority, is hereby declared passed. Supplemental Calendar announcement."
"Supplemental Calendar #2 is now being distributed."
"On this Order appears House Bill 275. Mr. McPike, did you wish to proceed? Out of the record. On this Order appears House Bill 401. Mr. Matijevich. Mr. Clerk, call the Bill."
"House Bill 401, a Bill for an Act to amend the Citizens Utility Board Act. Third Reading of the Bill."
"Gentleman from Lake, Mr. Matijevich, on House Bill 401."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 401 is commonly called the Citizens Utility Board or CUB checkoff Bill. Because of a recent Federal Court ruling that prevents forcing of public utilities to carry CUB messages or what we call inserts in their customer bills, CUB has proposed House Bill 401, wherein the public utility companies would carry a message which would say, in effect, that the Citizen Utility Board is an independent consumer organization working for fair and affordable utility rates and if you'd like free information, please check the box below and there would be a place to check off 'yes, I would like such information.' CUB would be... would reimburse the public utility for all reasonable incremental costs above the utility's normal billing costs for complying with this law. I think this, I 212 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 believe, is important consumer legislation and I feel that the Citizens Utility Board is our option rather than the elected board... Illinois Commerce Commission and I think by the enabling Act which created the Citizens Utility Board, we, in effect, said we want a viable organization to represent the rate payers concerns. Because of the federal decision, it costs the Citizens Utility Board an estimated $400,000 plus it makes it almost impossible for that organization to get membership. So, I would urge the Members to support what I consider a consumer rate payers Bill. Appreciate your support."
"Gentleman from Lake, Mr. Matijevich, moves for the passage of House Bill 401, 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 open and this is final action. 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 97 voting 'aye', 16 voting 'no', 3 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears House Bill 748. Mr. Clerk, read the Bill."
"House Bill 748, a Bill for an Act to amend the Public Utilities Act. Third Reading of the Bill."
"The Gentleman from Effingham, Mr. Hartke."
"Thank you very much, Mr. Speaker. Members of the House. House Bill 748, under Amendment #1, amends the Public Utilities Act and it does basically three things. It changes the method of billing telephone companies, telecommunication companies, and charge customers. And I would ask for your support and be willing to answer any questions you may have on the measure." 213 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"Gentleman from Effingham moves for the passage of House Bill 748, and on that, is there any discussion? Gentleman from DuPage, Mr. McCracken."
"Thank you, Mr. Speaker. Does the Committee Amendment essentially become the Bill? Is that it?"
"It does."
"And does this have to do with the 911 issue?"
"No, it does not. It has nothing to do with that, whatsoever."
"Okay, that was on a different Bill?"
"Yes, it was and that's being worked on right now, but that's not part of this Bill."
"Okay. Okay, thank you."
"Further discussion? The Gentleman from Winnebago, Mr. Hallock."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he'll yield for questions."
"Does this affect all the phone companies in the state or does this affect only certain phone companies?"
"It may or may not affect all telephone companies, depending on the type of billing that they are using now. Some may comply with this language now."
"Well, those companies that have flat rate service, would this affect them?"
"No."
"Does this affect the phone companies primarily in your part of the state then?"
"It affects those companies that are now charging with the usage sensitive service."
"Thank you."
"Gentleman from McLean, Mr. Ropp."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Indicates he'll yield for questions." 214 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"It's been some time ago since we had this in Committee and I just want to rehearse exactly where companies may send out a separate usage sensitive service into a particular area, that's the only one they sell, but then in another area, they may have a flat rate. Does that particular company then come under the purview of this Bill? Where they only have one kind of billing, but because it is billed by that company in different areas, even though it's only one. does that company come under your Bill?"
"Representative Ropp, I'm going to read you the analysis that we have here, okay?"
"Okay."
"Okay, a company that has a local measured service must provide one of the three following elements: an option for a flat rate service where calls are not charged according to their frequency or duration; or an untimed calling zone for residential calls within the zone: or a low income residential universal service assistance program established by the Commerce Commission with provided for in the Bill." as guidelines
"It almost... it appears then that if a company has two kinds of services, though not offered in the same area, that your Bill would apply to them."
"Would you repeat that?"
"That a company that offers two different kinds of services, but not in the same area, would come under your Bill. Let's say if I had flat rate north of Route 80 and I had usury sensory service south of Route 80, under your Bill, it would apply to this particular company."
"In that case only the usage sensitive service would apply."
"Even though it's only one kind of billing?"
"It would not apply in the area where you had your flat 215 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 rate service. Only in the area where it has the usage sensitive service."
"But it would apply to that company, even though it has two separate rates?"
"Yes, yes."
"Okay. I guess the question is with this being a part of the Bill now, a utility company could end up with fewer dollars to operate and would be before the Commerce Commission attempting to seek a rate increase because what is happening, many people may come under a lowest rate, depending on which of the two proposals they would want, and as a result then, the company is going to be short of funds in order to operate. So, I think this is not a good concept because what is really happening is you are allowing people to take advantage of the lowest rate, which I can understand and it would be perfectly right, but that puts the public utility in a situation where it is unbearable and they are going to be asking for a rate increase from the Commerce Commission and I'm not sure that what you are attempting to do is going to be in the best interest of all people involved."
"Further discussion? There being none, the Gentleman from Effingham, Mr. Hartke, to close."
"Well, I think we have heard the discussion and I would ask for your support on House Bill 748."
"The question is, 'Shall this Bill pass?' All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is 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 87 'aye', 27 'no', none 'present', and this Bill, having received a Constitutional Majority, is hereby declared passed. On this Order of Business appears House Bill 939. Mr. Clerk." 216 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"House May 14, 1987 Bill 939, a Bill for an Act to amend the Vital Records Act. Third Reading of the Bill."
"Lady from Cook, Ms. Pullen."
"Hr. Speaker, I ask leave to return this Bill to the Order of Second Reading."
"Lady asks leave of the House to return this Bill to the Order of Second Reading for the purpose of an Amendment. She have leave? Leave is granted and the Bill is on Second Reading. Mr. Clerk, are there any Amendments?"
"Floor Amendment #1, offered by Representative Pullen."
"The Lady from Cook, Ms. Pullen on Amendment #1."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House, this Amendment was to clear up some difficulties, some confusions about the Bill in Committee so that it would express what I really intended. The Bill relates to providing for getting signatures of both parents on birth certificates when that is possible in order to help prevent someone from using an alias in child abduction situations, which is something that has actually occurred by someone getting a birth certificate, signing for it as though they were one of the parents when they couldn't match a signature. This Amendment, to my knowledge, has the approval of the Chairman of the Committee, to whom I sent it when I got it drafted, and he okayed it and I think that it... there were no real objections in Committee. It was just a matter of sort of confusion in terms of the way the language was written. And I think that this Amendment will clear up all of that. It's largely technical in nature and I move its adoption."
"The Lady from Cook, Ms. Pullen, moves for the 217 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 adoption of Amendment #1 to House Bill 939, and on that, is there any discussion? The Lady from Lake, Ms. Stern."
"Yeah, will the Sponsor yield?"
"Indicates she will yield for questions."
"Ms. Pullen, I apologize. I didn't listen to the first part. Would you tell me what the Amendment does? You said it was technical, but I didn't understand. Technical does what?"
"There was general support for this Bill in Committee, but some confusion about it and I have written the Amendment to clarify the issues that seem to be confused in the Human Services Committee and the Chairman of the Committee has accepted the Amendment. It becomes the Bill and it provides that forms for certificates of live births shall contain spaces for the names and signature of both the mother and father. This... the intention of this is to assist in preventing birth certificates from being fraudulently obtained to use as aliases in child abduction situations. There is an actual situation which caused the introduction of this Bill. If the identity of the father cannot be determined or if the father refuses to sign, then there is no criminal or civil penalty attached to anyone either in the office that would be collecting the signatures or the father himself and those were issues that the Committee wished to have clarified. And that was in keeping with my original intent, so this Amendment clarifies that."
"I do understand the problem of keeping birth records from being... in the case where an individual dies, having another individual adopt that persona, if you will, and that is a real danger, but I gotta say, I don't understand why this would help. Why would having the names of both parents on the birth certificate prevent someone 218 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 unscrupulous from kidnapping the identity, if you will?"
"It's the signature factor because they come in and sign for the birth certificate and the signature would need to be at least somewhat looking like the signature that's on the birth certificate because it's the parents that are supposed to be obtaining them."
"Okay, if I understand now, in order to get a copy of that birth record, it has to be either a parent or someone designated by the parent that asks for it or the individual? Is that so?"
"That's my understanding."
"So, okay. So, you are saying that the presence of the signatures at the time of birth would prevent... would help to prevent that kind of fraud. Okay, thank you. I understand a little better what your thought is."
"Gentleman from Cook, Mr. Bowman."
"Yes, will the Lady yield for a couple more questions?"
"Indicates she will yield for questions."
"Okay, Representative Pullen, at first I thought this was similar to an earlier Amendment which I have seen that had your name on it and now I am persuaded that it is quite different. As I understand it, the Amendment becomes the Bill. Is that correct?"
"Uh-huh."
"Okay. Now, the... basically, it says that the form of the birth certificate shall have space for two signatures. Now, the... an effort will be made to obtain both signatures, but now there is no way that someone could register a particular individual as the father without that person who is the father actually signing voluntarily, is that correct?"
"Right."
"Okay. So, the mother couldn't say so-and-so is the 219 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 Pullen: Bowman: father and that that name be entered?" "Right." "Unless that person signed himself?"
"It doesn't change the aspect of the entry of the names except to provide a space for the names. It..."
"Okay, I'm sorry."
"It wouldn't allow anybody to sign for the father. It's Bowman: just to add the father's signature so that someone can't come along later signing this man's name that has never been signed as a signature and they can't match it." far, "Okay, so... I'm with you so far and SO SO good. I'm liking the Bill better all the time. Let me... Let me go on to the liability question now. I'm not quite sure I understand that. If this is a completely voluntary act and someone fails to sign or refuses to sign or whatever, but the birth certificate is recorded with the clerk... the county clerk and there is only the mother's signature on it, what is the liability problem that accompanies that?"
"The easiest way to explain this would be to read to you the two or three sentences that cover that."
"Okay, please. I don't have a copy of it in front of me."
"No civil or criminal penalties may be imposed on a father refusing to sign the birth certificate. The person responsible for obtaining the signature of the parents on the birth certificate shall not be subject to any civil or criminal liability or punishment if a parent refuses to sign the birth certificate or if the signatures are not obtained notwithstanding a reasonable effort to obtain them. The birth certificate shall be registered even if the signatures of both parents have not been obtained if a reasonable effort has been made to obtain them."
"Okay, thank you very much. I have no further 220 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day questions." Speaker Greiman: to close." May 14, 1987 "Further discussion? There being none, the Lady
"Well, I think that I have clarified what the Amendment does and it's needed to make the Bill say what I intended to begin with, so I move the adoption."
"Question is, 'Shall the Amendment be adopted?" Those 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. The Lady from Cook, Ms. Pullen, moves that the House suspend Rule 37(b) so the matter may be heard at this time. She have leave? Leave to use the Attendance Roll Call. Mr. Clerk, on Third Reading. call the Bill."
"House Bill 939. a Bill for an Act to amend the Vital Records Act. Third Reading of the Bill."
"Lady from Cook, Ms. Pullen, on House Bill 939."
"Mr. Speaker and Ladies and Gentlemen of the House, on Second Reading just a moment ago, I explained everything that is in this Bill and what it's purpose is and so I will simply ask for the support of the House in passing House Bill 939."
"Lady from Cook, Ms. Pullen, moves for the passage of House Bill 939. 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 open. This is final passage. 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 114 voting 'aye, none voting 'no', 1 voting "present". This Bill, having received a 221 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Constitutional Majority, is hereby declared May 14, 1987 passed. On this Order of Business appears House Bill 1223. Mr. Clerk, call the Bill."
"House Bill 1223, a Bill for an Act to amend the Illinois Plumbing License Law. Third Reading of the Bill."
"Gentleman from Cook, Mr. Giglio."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1223 is an Act that, hopefully, will straighten the Plumbing Act in the State of Illinois. We're trying to make it a business offense that anyone that advertises under false pretenses and doesn't use his license will be punished. It provides that the violation will be a fine of not less than 700, nor more than 1,000 dollars, and it would permit the State's Attorney or the Attorney General's Office to bring action to enjoin unlawful advertising. It also provides for the disconnection of the telephone service for which the advertising is unlawfully used... being used. There was some questions, truthfully, in the Committee that was brought up by a number of individuals. I did talk to the telephone company. The telephone company has no problem because the people that will enjoin in the suit of the State's Attorney or the Attorney General's Office, and what's going on today, and I'm sure a lot of you have seen, the senior citizens, these people that are being ripped off of people that are doing plumbing work, who don't have a license and they're unlawfully and abusing the services where they should not be. And if there is any question. I'd be happy to answer, if not, I would ask for your favorable support."
"Gentleman from Cook, Mr. Giglio, moves for the passage of House Bill 1223. And on that, is there any discussion? Gentleman from St. Clair, Mr. Stephens." 222 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Will the Gentleman yield for a question?"
May 14, 1987 "He indicates he'll yield for a question."
"Just one question about... I understand the essence of the Bill is to... to deal with the problem of retail plumbers, but... is there... any language in the Bill that would prohibit plumbing inspectors, who are not licensed plumbers, would they fall under this Bill?" states now
"No. No, this is for those that advertise. The law that it's unlawful to display a plumbing... a business without displaying your plumber's licensing is supposed to have a number if you're number. Everybody going to be a contractor and you're going to be a legitimate plumber. And when you advertise on your... a place of business or on your vehicles or in the newspaper or magazine or telephone book, you're supposed to give that license. And that's... that's all it is."
"It's a good Bill. Good Bill. Thank you."
"...From Cook, Mr. Young."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"I'm sorry, Repre... I didn't hear you correct. Did you mention that there is a provision in this Bill for the disconnection of telephone services?" if
"Yes. It says that the State's Attorney or the Attorney General sees that this a violation, the telephone can be disconnected. These people that are supposed to advertise with a business telephone number and if they're advertising fraudulently and they're not doing it according to law then, yes, it can be disconnected. Not the private line, only the business line. Only the business telephone number that they're advertising. If anybody is advertising with their private line, then, I'm sure, the telephone company would like to know about it, because I'm sure they 223 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 can get more money for the advertisement."
"So, if someone... you're saying, if someone is advertising plumbing services but is not licensed, then they could have their phone disconnected."
"No. If they're... if they're ad... first of all, they got to be advertising saying they're a plumber, and when they do that, they're supposed to include their number in the advertisement. And if they find out that he's, let's say, he's not a legitimate plumber or he's using somebody else's number with that advertisement and the State's Attorney's Office or the Attorney General's Office goes after them and they get the injunction or whatever they get, then they can have the phone company disconnect it."
"And what are the financial penalties that are allowed under this Bill? I didn't hear them."
"Seven hundred dollars to the individual, not less than 700 dollars and not more than 1,000."
"Representative, is that not less than 700 dollars?"
"Not less than 700, not more than a thousand. Not less than 700, not more than a thousand."
"Thank you. To the Bill. Ladies and Gentlemen of the House, I have to rise in opposition to this Bill even though I agree that people shouldn't advertise plumbing services unless they're licensed plumbers. I think that the sanctions provided for in this Bill go way too far. First of all, the idea of a fine of not less than 700 dollars for a business offense where as people who commit Class A misdemeanors can be fined up to a 1,000 dollars, but we have discretion within the court to fine anywhere from a zero to a 1,000 dollars. Here, we're opposing a not less than 700 dollar fine, which is, in my opinion, way too strict for what is a business offense. Secondly, the provision for disconnection of telephone services, again, 224 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 first of all, I would wonder if this is constitutional. And secondly, I would think that the penalty is far too severe for the crime. Now, I would support the Gentleman if he wanted to make it a normal Class A misdemeanor, but here, we're taking a business offense and providing penalties more serious than we do for Class A misdemeanors. I think it's a bad idea."
"Further discussion? The Gentleman from Logan, Mr. Olson."
"Will the Representative yield?"
"Indicates he will."
"I think you've got a good Bill here, but our analysis indicates that there is opposition by public... I think you've got a good Bill, but our analysis indicates opposition by the Department of Public Health. What would that be... what would be their opposition to this Bill?"
"I... I don't know. I didn't hear of any opposition. I... there was no opposition. I recall, in the Committee when the Bill was heard, it came out, I think, 19 to 2. I didn't hear and I didn't know anybody that filed against it, Representative."
"Thank you."
"Further discussion? The Gentleman from Cook, Mr. Shaw."
"Thank you. Mr. Speaker, Ladies and Gentlemen of the House. Will the Sponsor yield for questions?"
"Indicates he will."
"Yes, Representative Giglio, does this Bill only cover... cover plumbers?"
"I'm sorry, Representative Shaw."
"Does this only cover plumbers?"
"Only plumbers, yes."
"Why wasn't the electricians or the roofers or some of the 225 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day other trades entered into this Bill?" May 14, 1987
"They don't. This just pertains to the plumbing license law which comes under the Department of Public Health."
"Well, does a... electricians have a license?"
"I think they do. I don't know. I'm not sure."
"Well, why wouldn't we include them in the Bill?"
"Nobody talked to me about including electricians or anybody else. I thought this was something that should be done in lieu of what's going on with, especially the senior citizens today, being ripped off by unlicensed plumbers and taking advantage of their age and some of the stories that have been coming out of the Chicago newspapers to see what's happening and we're trying to go after these people who are really nonlegit."
"Are you familiar... didn't we pass a law here a couple of years ago dealing with the senior citizen problems where the people are being ripped off? I believe that we made that a... we increased the penalty for that particular crime..."
"I recall such a Bill, yes."
"...For roofers. I beg your pardon."
"Yes. I recall, yes."
"And, you don't feel as though that that went far enough?"
"Well, I'm not concerned with this Bill, with the roofers or any other tradesmen, Representative Shaw. I'm concerned about the Plumbing Code and the health and welfare of the citizens of the state with this Bill."
"To the Bill. We passed a law here dealing with this type of thing that Representative Giglio is talking about a couple of years ago, increasing the penalty for those people, unscrupulous people, that are ripping off senior citizens. No one in this state is for anybody ripping off senior citizens. This Bill does not deal with ripping off 226 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 senior citizens. This Bill... this Bill just deal with the plumbers... with the plumbers of this state. I could possibly see it if they would... if this Bill had included the electricians and other tradespeople in this Bill, but it did not do that and as one of the previous speakers pointed out that this Bill seemed to be clearly unconstitutional. Not only that, the fact of the matter is, that why would you go as far as to disconnect and what right does the Legislature have to instruct the telephone company, which come under interstate commerce, to tell them that they have to disconnect someone's telephone? I don't believe that that's right. There might be a sick person, the very person that you're trying to help, you might be hurting that person. A senior citizen might be in that home. Many times this is the case, but yet, the... you going to... this Body is going to instruct the telephone company to disconnect someone's telephone. This is a... I respect the Gentleman from Cook. He's a good Legislator. but this happened to be probably one of the worst pieces of legislation that ever come down the pike here in Springfield, and I urge a 'no' vote against this Bill."
"Gentleman from St. Clair, Mr. Flinn."
"Mr. Speaker, I move the previous question."
"Gentleman from St. Clair, Mr. Flinn, moves the previous question be put. Those in favor say 'aye, opposed 'no". In the opinion of the Chair, the 'ayes' have it. The Gentleman from Cook, Mr. Giglio, to close."
"Thank you, Mr. Speaker. Well, I'm sorry to hear some of the remarks made by the opponents of the Bill. We're not going after anybody, and we don't want to hurt anybody that's a legitimate contractor or a legitimate plumber. We're only after those that try to mislead the public, who do things to take advantage of, not only the senior 227 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 citizens, but everybody in our state, and we're just trying to make it unlawful and put some more teeth into the Act to help and protect the citizens of the State of Illinois. And I would ask for your favorable support."
"Question is, 'Shall this Bill pass?' All in favor signify by voting 'aye', those opposed vote 'no'. Voting is open. This is final action. Mr. Terzich, do you wish to explain your vote? Mr. Williams, one minute to explain your vote."
"I'd just like to hopefully urge you to vote 'no' on this, because in my community, we do have a lot of people that practice plumbing, who can't get into the unions, who can't actually participate in what would be what you might call legitimate, not legitimate, what I call organized plumbing, but they do serve a good purpose. and I would urge a 'no' vote."
"The Gentleman from DuPage. Mr. Barger, one minute to explain your vote."
"I think it's exceptionally honorable of Mr. Giglio to take it upon himself to see to it that the plumbing profession does a fair and honest job of dealing with the people. Your right to advertise and your right to solicit trade from the people is a right that requires honesty and integrity. A dishonest businessman with dishonest ads very definitely deserves to be punished for it and this Bill does deserve an 'aye vote."
"Gentleman from Macon, Mr. Dunn, one minute to explain your vote."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Aside from all the other problems of this legislation, I think we shouldn't set the precedent where we... we prescribe in the statute a minimum fine of 700 dollars. Almost every place we deal with any kind of penalties, we 228 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 say 'up to'. For example, Class A, Class B, Class C misdemeanors, we say a fine of 'up to' 500 dollars, 'up to' 1,000 dollars and leave some discretion with the authorities just in case there might be someone who, really out of ignorance, makes a mistake, that doesn't make them seriously culpable. So, this Bill does prescribe a minimum 700 dollar fine and that may not be appropriate in every case, and I think we should slow this legislation down until we can tighten it up and enact the Sponsor's intention, but make it more equitable for those who may be affected by it."
"Gentleman from Will, Mr. Regan, one minute to explain your vote."
"Thank you, Mr. Speaker, Members of the House. I sit on the Jud. II Committee, and we listened to this legislation, and all due respect to the great Sponsor over there, it sets a new precedent in regarding removal of the phone. It puts the phone company in the justice system. It just... the next thing would be, if you don't pay your child support, they take away your phone or if you are a drunk driver, they take away your phone. I mean, this... I'm sure this will have repercussions with the phone company, and I don't think that it should have anything to do with our justice system. I agree with the principle, except I don't agree with the phone."
"Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 70 voting 'aye', 35 voting 'no', 6 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. And on this Order of Business appears House Bill 1291. Mr. Clerk, read the Bill."
"House Bill 1291, a Bill for an Act to amend an Act to revise the law in relation to counties. Third 229 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Reading of the Bill."
Hensel: Speaker "Gentleman from DuPage, Mr. Hensel." May 14, 1987 "Thank you, Mr. Speaker. I would ask leave of the House to have House Bill 1291 returned to the Order of..."
"Gentleman asks leave of the House to return this Bill to the Order of Second Reading for the purpose of an Amendment. Gentleman have leave? Leave is granted. Mr. Clerk, are there Amendments?"
"Floor Amendment #3, offered by Representative Weaver."
"Gentleman from Coles, Mr. Weaver."
"Thank you, Mr. Speaker. Amendment 3 is the same as Amendment 2, which, unfortunately, wasn't printed and distributed in a timely fashion yesterday. Thanks to the Sponsor, he brought the Bill back to Second. This Amendment allows the county board one additional method of reimbursing or paying its members. Currently, they are able to do it on a per diem or an annual basis or a collection of both. This would allow per diem per meeting or on an annual basis and I ask for your 'aye vote on the Amendment."
"The Gentleman from DuPage, moves for the passage of House Bill 1291. On that, is there any discussion? I'm sorry, moves for the adoption of Amendment #3 to House Bill 1291. Is there any discussion? The Gentleman from Fulton, Mr. Homer."
"Thank you. Will the Sponsor yield? Representative Weaver, what's the difference between per diem and meeting? Is it a situation where there is more than one meeting in the same day?"
"That's correct. Technically, I guess per diem allows them only one payment per day. Particularly in downstate counties, where you have farmers who serve on the county 230 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 board that have to come in several times a day for different meetings in order to conduct the business in a timely fashion rather than cause them to go to twice the expense for one daily payment or to drag the business out twice as long so they get a per diem every time they come in, the county board has asked that we give them another option."
"Thank you."
"The Gentleman from Macon, Mr. Dunn. There being no further discussion, the question is, *Shall this Amendment be adopted?" Those in favor 'aye, those opposed 'no'. In the opinion of the Chair, the'ayes" have it. The Amendment is adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. Gentleman from DuPage, Mr. Hensel, asks leave of the House to waive Rule 37(b) so this Bill may be heard at this time. Gentleman have leave to use the Attendance Roll Call? Leave is granted. Mr. Clerk, on Third Reading."
"House Bill 1291, a Bill for an Act to amend an Act to revise the law in relation to counties. Third Reading of the Bill."
"The Gentleman from DuPage, Mr. Hensel."
"Thank you, Mr. Speaker and Members of the House. As amended, you have heard the third Amendment. The Amendment #1 that was adopted in Committee is the Bill and it deletes everything after the enacting clause. All it does is authorizes counties to issue industrial or commercial occupancy permits and I wo would just ask for a favorable vote."
"The Gentleman from DuPage moves for the passage of House Bill 1291, and on that, the Gentleman from Champaign, Mr. Johnson." 231 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"I'm for the Bill. I just wonder, May 14, 1987 Representative Hensel, could you expand a little bit on some of the businesses that might benefit from this Bill? It would... It would potentially include, for example, factories, restaurants, you know, fast food that sort of thing."
"Yes, the Gentleman, Mr. Hensel."
"Okay, thank you. It would be just in the unincorporated areas of the county, and it would... basically, the problem we've had in some counties is that when somebody vacates a building and a new occupant comes in, they want to make sure that the occupancy permit gets issued so that the codes in the county are adhered to. And I think..."
"It could or be for the benefit of a variety of businesses was my point in areas."
"Right, right."
"I think, Mr. Speaker, Members of the House, probably need a little more attention to this, but it's an excellent Bill. Something that's a problem that should have been addressed a long time ago and I would urge everyone to put 118 votes on this Bill of Representative Hensel's."
"Further discussion? The Gentleman from Macon, Mr. Dunn."
"Will the Sponsor yield for a question?"
"Indicates he will."
"Why the $100 limit? Is that consistent with limits on other licenses granted by the county? I really don't know."
"Representative, as I mentioned before, Amendment #1 was adopted which deleted that provision."
"That's out of the Bill now?"
"That's out of the Bill."
"So, all we're talking about is..."
"All it does... all it does is authorize a occupancy 232 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day permit. It has May 14, 1987 nothing to do with licenses or fees or anything. That part of it is out of the Bill It deleted it."
"What is in the Bill about fees then?"
"Pardon?"
"What is left in the Bill about fees?"
"Nothing."
"Well, what is left in the Bill then?" completely.
"Authorizing counties to issue industrial or commercial occupancy permits. In other words, if an occupant vacates a building and a new occupant comes in that's a different business or something, they want to make sure that the establishment then meets all the county codes and when they do that, they get an occupancy permit. But there is no fee attached to it."
"And that's all the Bill does at this time?"
"That's correct."
"Thank you."
"Further discussion? Hensel: Mr. Hensel, to close." "Thank you. I think it's been discussed and I would just ask for a favorable vote."
"Question is. 'Shall this Bill pass?" All in favor signify by voting 'aye', those Voting is open. This is final action. opposed vote "no". Mr. Dunn, you were seeking recognition? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. voting "present". having On this question, there are 112 voting 'aye", I voting "no", none This Bill, received a Constitutional Majority, is hereby declared passed. On this Order of Business appears House Bill 1473. Out of the record. On this Order of Business appears House Bill 1528. Mays, did you wish to proceed? Mr. Clerk, read the Mr. Bill." 233 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"House Bill 1528, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of the Bill."
"Oh, I'm sorry. Out of the record. I'm sorry. We're out of the record. On this Order of Business appears House Bill 1539. Ms. Wojcik. Out of the record. On this Order appears House Bill 1933. Mr. Ronan, do you wish to proceed? Mr. Clerk, read the Bill."
"House Bill 1933, a Bill for an Act to create the Medical Practice Act. Third Reading of the Bill."
"Gentleman from Cook, Mr. Ronan, on House Bill 1933."
"Thank you, Mr. Speaker, Members of the House. House Bill 1933 is the Medical Practice Act. What we have done is we have rewritten the Medical Act for doctors here in the State of Illinois. We have increased penalties for physicians who are guilty of various offenses. We have strengthened the Department of Registration and Education's ability to go after those physicians. We have increased their fees tremendously. This will generate the kind of dollars necessary to really enforce the Medical Practice Act here in the State of Illinois. I'll be glad to answer any questions concerning the legislation and if there aren't any, then I move for the passage of House Bill 1933."
"The Gentleman from Cook, Mr. Ronan, moves for the passage of House Bill 1933. Is there any 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 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 116 voting 'aye", none voting 'no', none voting 'present'. This Bill, having received the Constitutional Majority, is hereby 234 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day declared passed. May 14, 1987 On the Order of House Bills Third Reading appears House Bill 2007. Mr. Clerk, read the Bill."
"House Bill 2007, a Bill for an Act concerning motor vehicle replacement parts. Third Reading of the Bill."
"Gentleman from Cook, Mr. O'Connell."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2007 creates the Motor Vehicle Replacement Safety Law to the Illinois Vehicle Code. The Bill addresses a problem that has become rather topical of late in that the replacement parts for your automobile are often made of quality that is substandard to what was in the original manufactured part from the auto manufacturer himself. Lately, the certain foreign countries, primarily Taiwan, have been manufacturing certain replacement parts to standard domestic and foreign automobiles that look like the original manufactured part, but don't have the same quality. In fact, there are no... there are no testing requirement for these so-called 'after market replacement parts' and, indeed, the... many of these parts are of inferior quality, the result being that what you have in your car after damage and the car is repaired and the insurer requires that after market replacement parts be used in lieu of original equipment manufactured part, you have a car that is not what you expected it to be. And worse, your insurance company... rather the original warranty on that car may no longer exist because you don't have the replacement part that was supposed to be. What the Bill does is it requires that insurance companies notify the premium... the policyholder that the... that replacement parts that are not the original parts may be required to be used in your automobile. It also requires that if replacement... after market replacement parts are 235 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 to be used, that they must have the same standard of testing that the original equipment manufactured parts have. I'd be happy to answer any questions."
"The Gentleman from Cook, Mr. O'Connell, moves for the passage of House Bill 2007. On that, is there any discussion? The Gentleman from DuPage. Mr. McCracken."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will yield for questions."
"Representative, there are used... there are replacement part manufacturers or replacement part retailers, such as NAPA and things like that. How do they fit into this?"
"I'm sorry. I didn't hear the last part."
"I say, how do other replacement part retailers fit into this? Does this outlaw other replacement part retailers such as NAPA?"
"No, no, it doesn't really outlaw anyone. All it does is have a requirement of testing that is comparable to the testing that goes into original equipment manufactured parts. I think for purposes of our discussion, we should refer to OEMs or original equipment manufacturers as those parts that you get from your car manufacturer and non-original equipment manufactured part as those that come from someone other than the original."
"Right, but there is a large industry of non-OEM retailers, NAPA being one of them and..."
"There is indeed, Keystone..."
"... Track Auto, things like that or whatever."
"Yes, there is indeed. This would not outlaw those. It would simply place them on the level playing field with the original equipment manufacturers."
"Is it your impression that retailers such as those would be ones which wouldn't meet these licensing 236 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 standards?"
"I would think that they would be just as much in favor of this as are General Motors and Nissan and Ford because they have to meet certain standards as does NAPA and other after market equipment dealers."
"But you don't know if... well, let me ask this. Would all non-OEM retailers have to take this test or conduct these tests for their parts before they could sell them in Illinois?"
"That's correct."
"And is there a cost attributed to that? Do you know what that would entail?"
"Tom, I don't know... the cost... I guess it's just like anything else. The reputable companies, they go the extra dollar to make certain that that product has a standard of quality... the highest standard of quality. Now, there are non-OEM companies or manufacturers, rather, that expend the same amount of cost as would an OEM. Now, what that cost would be, it would depend on the company, depend on their efficiencies, depend on how far they go with their testing. What I am trying to get at are those companies, primarily from Taiwan, that do absolutely no testing whatsoever. And in talk... I have talked to the insurance industry and they are the only ones that have really voiced any concern about this Bill simply because many of the insurance carriers require that there be replacement parts. Now, presently there are no standards... there are no certification procedures that you can discern what is an after market part that has been tested and what is one that hasn't been tested."
"Where do the insurance companies stand on this? Are they opposed to it?"
"I would... the insurance companies that have talked 237 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 to me generally would not want this Bill simply because they can't guarantee that the after market replacement parts that they are insisting would be tested. Certain companies such as Allstate, they do... you know, they've got a testing facility where they're experimenting with these replacement parts, but they... and other companies like them, insurance companies, have no way of assuring that the part that you put... is put into your car is tested."
"And this would also require that estimates clearly identify whether non-OEM parts are used and that the estimate is made on that basis?"
"That is exactly correct."
"Okay, and the penalty is a business offense?"
"Yeah, up to a thousand dollar fine."
"Okay, thank you."
"Gentleman from Cook, Mr. McNamara."
"Thank you, Mr. Speaker. To the Bill. In the case of the OEM tested parts, et cetera, one of the biggest problems that we have in the industry today is that a metal stampers, when they take a look at a part, and they wish to reduce the cost of that part, they can reduce the gauge of the metal by ten thousandths, five thousandths, et cetera, of an inch, which actually means that the part looks exactly the same as the part that was originally there. Crash tests have proven that the hoods in that case, when that lighter gauge metal is done and I have seen the films and I have seen the results of those crash tests it has indicated that in each case that the hood can pop in a different direction and in many cases, go through the windshield, cutting off the heads of the dummies. These are factual statistics that the parts that are foreign manufactured or done cheaper on the market today is 238 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 injuring everybody in this state's health by driving a car that is not up to standard for those parts. It is very important that we go and we take the gauge, we make those standards so that our safety criteria that we regard for new car owners are extended through the entire car industry at the same time we are doing another thing. We are bringing our American products of high quality into play and we'll be employing more people. This is a fine piece of legislation. It's a very important piece of legislation and affects the safety of all the people in the State of Illinois."
"Gentleman from Adams, Mr. Mays."
"Thank you very much, Mr. Speaker. Will the Gentleman yield for a question?"
"Indicates he will."
"Can you tell me what the impact of Committee Amendment #1 was? That's the one that I have some questions about."
"I'm sorry."
"Committee Amendment #1, what's that do?"
"Oh, there originally were two Bills dealing with the same subject matter and we chose one of the Bills, but part of the Bill that we didn't consolidate was a disclosure statement that must be attached to the claimant's copy of the estimates which states, basically, that the use of the DEM replacement part may invalidate your warranty of the original equipment, which is the case. A number of your manufacturers warrant insist that they be the original equipment manufactured parts and if they are not, such as the case Representative McNamara raised with regards to the hood, you don't have a warranty any longer."
"What's the mechanism for the insurance companies to do this? I mean are they supposed to send out notice on any and every part the repairer may or may not put into a car?" 239 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"It's industry certification right now."
"Well, thank you very..."
"Well, I would... Jeff, I would add that one of the things that is in the works, but God knows when it will happen, is that there would be certification procedures for all these after market parts. But the problem is we don't have it and these replacement parts are becoming multiple. So, something has got to be done now."
"Do other... Do any other states around US have any provisions like this?"
"I understand that... I'm advised that there are states that have the provisions, but I don't have the names."
"Thank you a lot, John."
"The Gentleman from Madison, Mr. Wolf."
"Mr. Speaker, I move the previous question."
"Gentleman from Madison, Mr. Wolf, moves the previous question be put. Those in favor say 'aye', those opposed 'no'. In the opinion of the chair, the 'ayes have it. Mr. O'Connell, to close."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, you have heard the discussion of what the. Bill does. I really appreciate the comments of Representative McNamara who is an engineer and can attest that we're talking about safety, number one. We're also talking about disclosure, number two. And we're also talking about what you are paying insurance premiums for. When your car is damaged and you get your car replaced, you want it in the same format and the same element of safety as when you brought it in. And that's not happening today. We've got a problem that is becoming more and more rampant, and we'd better put some safety qualifications on these parts now, before it's too late. I'd ask for your favorable vote." 240 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"The question is, Shall this Bill pass?" All those in favor signify by voting 'aye", those opposed vote 'no'. Voting is open, and this is final action. Supplemental Calendar announcement."
"Supplemental Calendar l(a) is being distributed."
"The Gentleman from Will, Mr. Regan, to... one minute to explain your vote."
"Yes, I really wanted to ask a few questions, but the insurance industry is opposed to this. There is a situation where it creates a total monopoly on any given part. There's only one manufacturer that can supply it, and that's how it was in the past, and that's why the cost of replacing a car was three times the cost of buying a new car, because the replacement cost parts were so expensive. And they also state that most of these parts don't involve that much safety problems, fenders and so on, so I would vote against the Bill."
"The Gentleman from Warren, Mr. Hultgren, one minute to explain your vote."
"Yes, Mr. Speaker. I, too, wanted to ask a couple of questions, but my concern and the reason I'm voting against this, I live in a district very near the border and I'm concerned that placing our parts houses and our repair shops at a competitive disadvantage from those in neighboring states that might not have similar legislation and in order to make sure that we don't place them at that competitive disadvantage, I think it might be wise if we don't pass this legislation today."
"Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 69 voting 'aye', 45 voting 'no', none voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. On this Order of Business appears 241 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day House Bill 2492. Mr. Clerk, read the Bill." May 14, 1987
"House Bill 2492, a Bill for an Act to amend the Liquor Control Act. Third Reading of the Bill."
"Gentleman from Cook, Mr. Daley."
"Thank you, Mr. Speaker and Members of the House. House Bill 2492 would provide in municipalities with a population of 200,000 that the retail sale of liquor may be prohibited at a particular establishment in a precinct if a petition signed by 25 percent of the voters of the precinct is filed and the prohibition is approved at a referendum. I would ask for a favorable vote and would answer any questions."
"Gentleman from Cook, Mr. Daley, moves for the passage of House Bill 2492, and on that, is there any discussion? There being none, the question is, 'Shall this Bill pass?" All in favor vote 'aye", those opposed vote 'no'. Voting is open and this is final action. 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 86 voting 'aye", 19 voting 'no', 3 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 15 of the Calendar, on the Order of Banking, House Bills Second Reading, appears House Bill 2525. Mr. Clerk, read the Bill."
"House Bill 2525, a Bill for an Act in relation to banks and sales of insurance. This Bill has been read a second time previously. Amendment #1 was withdrawn."
"Alright, are there any further Amendments?"
"Floor Amendment #2, offered by Representative Churchill and Capparelli."
"Gentleman from Lake, Mr. Churchill on Amendment #2."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the 242 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 House. Floor Amendment #2 is the consumer portion of this Bill and what it does is several things. First of all, it says that if an insurance business is to be operated out of a bank, it must be conducted through a separate subsidiary of the bank; that any person who sells insurance through that subsidiary must be a licensed insurance sales person under the Illinois Insurance Code. Says that employees of the insurance subsidiary are prohibited from accessing information of the parent bank's loan files. Says that employees of the subsidiary may not grant credit for the parent bank. It allows people who do obtain various services that are now prohibited under the Act the right to back out of those services for five days in the event they wish to opt out and it provides for a cause of action for damages arising out of any of the breach of the anti-coersion provisions that are in the Bill. I would ask for adoption of the Amendment."
"The Gentleman from Lake, Mr. Churchill, moves for the adoption of Amendment #2 to House Bill 2525 and on that, is there any discussion? There being none, the question is, 'Shall this Amendment be adopted?" Those in favor say 'aye", those 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 Third Reading - Senior Citizens and Disabled, appears House Bill 1888. Mr. Clerk, read the Bill."
"House Bill 1888, a Bill for an Act... on page 10, House Bill 1888, a Bill for an Act to amend the senior citizens and disabled persons tax relief. Third Reading of the Bill."
"The Gentleman from Effingham, Mr. Hartke." 243 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Thank you very much. Mr. Speaker. May 14, 1987 Members of the House, what House Bill 1888 does is broadens the circuit breaker pharmaceutical assistance program to include those individuals who have epilepsy. It's a very simple Bill, straightforward. I'd appreciate your support."
"The Gentleman from Effingham moves for the passage of House Bill 1888, and on that, is there any discussion? The Gentleman from St. Clair, Mr. Stephens."
"Will the Gentleman yield?"
"Indicates he will."
"Representative Hartke, how much is this going to cost the taxpayers of the State of Illinois?"
"According to the fiscal note that was filed, it is estimated at 1.4 million dollars."
"Representative, I think it's important that we provide service for... prescription service for those people with epilepsy just like I think it's important that anybody who has any disorder, any disease that needs care, gets it. What my fear is and I... as I talked to a Representative from Cook County just the other day, my fear is that we just keep adding to the expenditures of the state and we don't have a way to replace these revenues and I wonder what your feelings are as to how we ought to replace these revenues?" Hartke: responsibilities "Well, Mr. Stephens, I know that... I listened to your speech the other day and my answer is the same as given by the last... ог by that speaker. I think that these individuals that had this inflicted upon them... no fault of their own, and I do believe that that's one of the of the state. I think we can find those funds if we truly want to." "Thank you. No further questions." Stephens:
"Gentleman from McLean, Mr. Ropp." 244 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Indicates he will."
"Representative, you stated the cost is estimated at 1. what million?"
"1.4 million, according to the economic and fiscal... or the fiscal note that was filed."
"Okay, and how much is the Department of Revenue requesting now for programs not to include this one, under the circuit breaker?"
"I don't have any idea."
"According to our records, it's something like 13.6, so we would be requesting another 1.4, so it would be up to 15 million dollars for the total programs."
"For the total circuit breaker program? I have no idea. You may be correct."
"Okay, sounds like a sizable amount of money, although it's a laudable cause."
"Gentleman from Effingham, Mr. Hartke, to close."
"Well, Mr. Speaker, Members of the House, this, in my opinion. is a very worthwhile program and I think we have debated it and I would appreciate your support."
"The question is, 'Shall this Bill pass?' All in favor signify by voting 'aye', those opposed vote 'no'. 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 75 voting 'aye', 37 voting 'no', 1 voting 'present'. This Bill, having received a Constitutional Majority, is declared passed. And on this Order of Business, appears House Bill 2694, on page 11 of the Calendar. Mr. O'Connell. Yes, Mr. Van Duyne, for what purpose do you seek recognition?"
"Mr. Speaker, I am sorry. I was conversing on the 245 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 phone and I forgot to punch my button. I would like to be..."
"Let the Journal record that Mr... I mean the transcript. Let the transcript record that Mr. Van Duyne would have voted 'aye'. And on this Order appears House Bill 2694. Mr. Clerk, read the Bill."
"House Bill 2694, a Bill for an Act to create the Long-Term Care Ombudsman Act. Third Reading of the Bill."
"Gentleman from Cook, Mr. O'Connell."
"Thank you, Mr. Speaker. You may recall that this Bill was up last evening. A number of... it deals with the Long-Term Care Ombudsman Act. There were a number of questions and my apologies that you weren't given a quick response. I think we are prepared to answer further questions."
"The Gentleman from Cook, Mr. O'Connell, moves for the passage of House Bill 2694, and on that, is there any discussion? The Lady from Cook, Ms. Pullen."
"Yes, Mr. Speaker, I was asking the Gentleman questions last night and I wonder whether he would answer some questions today?"
"Sure."
"He indicates he will."
"This Bill would create the Office of Ombudsman as a separate entity, is that correct?"
"That is correct."
"It would not be in any department or Constitutional Officer's office?"
"That is correct."
"Who appoints the ombudsman?"
"The Governor appoints the ombudsman."
"And is he restricted in any way on whom he can choose? Does someone propose it to him?" 246 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day O'Connell: I May 14, 1987 which "Yes, there is an Ombudsman Advisory Committee, delineated for you last night. That Ombudsman Committee... Advisory Committee submits three members and one of those is to be appointed by the Governor."
"When you say three members, do you mean members or do you mean nominations?"
"I'm sorry, appointees... nominees."
"Okay, this ombudsman is to look into situations in long-term care facilities, is that correct?"
"Yes, indeed, and be able to respond to various complaints, changes in the law related to long-term care facilities and a number of other... there is a list in the Bill. If you wish, I'll read them to you."
"I would like to be certain that I heard you correctly last evening on a couple of points. This ombudsman, or some staffer of the Office of Ombudsman, would have the authority to enter any long-term care facility without prior notice, is that correct?"
"That's correct."
"And inspect their books and inspect the facility?" O'Connell: 1: "That is correct."
"And patient records?" O'Connell:
"Well, if it's a reasonable material to the purpose of the inspection, that would fall within the penumbra of records that could be inspected. If, for example, you have a complaint, if there was an injury or a death in a nursing home and the patient's records would be an obvious document that the ombudsman would have a duty to inspect. Accordingly, the... there would be that power to subpoena those records." "So, the Office of Ombudsman would be granted subpoena power by this Bill?"
"That is correct." 247 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"Do you have any estimation on how much the Office of Ombudsman would cost the first year and the years thereafter?"
"The cost is limited by the amount of money that is provided by the Federal Government through the Older Americans Act. The... Basically, what we are replacing... the amount that we received from the Federal Government in Fiscal Year '87 was $223,000."
"What was the figure? I'm sorry."
"223,000 was the amount that the Federal Government provided the Department of Aging to implement the Older Americans Act."
"Now, this would come out of the Department of Aging, but the office itself is independent?"
"Well, the money..."
"The Department of Aging is the federal funnel?"
"Well, we designated the Department of Aging to be the recipient of that money. Now, we are saying that a portion of that money, in order to implement this Long-Term Care Ombudsman Act, would be directed to that particular office."
"Can you give me an idea of how much of that money would be directed toward this office?"
"Okay, well, we have an ombudsman now and that entire amount that I just explained to you, the 223,000, was directed to that Office of Ombudsman. So, we... it would follow that that money, amount of money, would be directed to the newly created ombudsman pursuant to this statute, this legislation."
"Where is that office now? Is that in the Department of Aging?"
"Yes."
"Do you abolish that office?" 248 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Yes. May 14, 1987 Well, that office is a creature of the functions pursuant to the money from the Federal Government and what we are saying is that we ought... want to correct... create a more effective ombudsman and accordingly, we would then shift the thrust of that from the Aging to this new independent ombudsman."
"So you are breaking this office out of the Department of Aging?"
"It's Pullen: it's not not... really an office. It's a designated individual and, as I mentioned last night, Representative, of 75,000 beds in the State of Illinois, we only had 1300 complaints. There was only 100 complaints in the City of Chicago, with all the nursing facilities it obviously, whatever office the ombudsman has functioned in Aging hasn't been working. So, we won't shed a tear for taking that office out of the hands of the Department of Aging." has. "That's one conclusion that one could draw. One could draw other conclusions as well, I suppose. Does this Bill change anything concerning the activities of the Department of Public Health in inspecting long term care facilities?"
"No, and Ι... this does not affect the function of the Department of Public Health."
"And Public Health has the authority, under law, to license these facilities, is that correct?" creation no, no,
"Well, my understanding of that is that that is the of these facilities. When they are either constructed or rehabilitated, it's the Department of Public Health that has the obligation to make certain that they are created and function. What we are talking about is an ongoing investigation not only long term care facilities, but nursing facilities in general." of
"I think you are incorrect about the Department of Public 249 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Health's function because I think it is ongoing. What about the functions of the Guardianship and Advocacy Commission in their ombudsman role? Are you duplicating that or are you taking this... taking it away from them?"
"No, no."
"Well, if you are not taking it away from them, then I guess you are duplicating it. Mr. Speaker, I wish to address the Bill, please."
"Proceed, Ma'am."
"Mr. Speaker, Ladies and Gentlemen of the House, I am certain that this Bill is very well-intended and that the Gentleman is genuinely concerned about the care of people in long-term care facilities in the State of Illinois, as are we all. I am, however, rather concerned about the concept of setting up an independent agency that is not accountable to any cabinet, department and that we would actually be going so far as to give subpoena power to. I think that that is a very significant step and I think that everyone in this House should be aware that that is included in this Bill and think about the implications of that before you would put your vote up behind this Bill. I plan to vote "no", reluctantly, because I am concerned about people in long-term care facilities, but I don't think that this Bill is the proper way to go about addressing their needs. Thank you."
"The Lady from Cook, Ms. Wojcik."
"Yes, Mr. Speaker and Members of the House, I would like to rise and support the concept of the ombudsman program. Many of you know that my mother recently was put into a nursing home or a health care center. I have to tell you, some of the experiences that I have gone through is absolutely unbelievable, not that the health care center is at fault, but that the health care center's contract for 250 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 different things to be done within the health care center or within the nursing village. The comments that I have heard through the facility that my mother is at, is that I am a competent individual, therefore, I was able to find out the problems that they had. And one of the areas that I question very closely is the pharmacy in where drugs are prescribed to the parent of you and I. I think we have to have somebody help these people who are not as competent as you and I. I think we have to have them represented and I have to tell you that many of them don't have children who care about them and they are not being protected and what is happening to you and I is that we are facing higher costs, escalating pharmacy costs, escalating health care costs because they are allowed to dupe us. I think this is a start. There are some problems. I agree to that, but there's many things that we can do in the future if we have something like this going on. We have a group of people in Arlington Heights that's called the Northwest Services Coordination for the Elderly. I had the opportunity to speak to about three to four hundred people in that room. In that area, there were ombudsmen and exactly what the Representative has pointed out are their concerns. I think we have to start... I would much rather see it in the Department of Aging. I don't like to see them out in the field all by themselves. Either perhaps that could be something you could think about in the Senate or work that out, but it's a beginning, folks, and I can only tell you, from my own personal experiences, we better start because we are all going to be up there one of these days ourself."
"Gentleman from Cook, Mr. O'Connell, to close."
"Thank you. Mr. Speaker and I appreciate and certainly feel that the comments made by Representative Wojcik are very meaningful and from the heart. There is 251 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 accountability, however, in this Bill, and there's more accountability than presently exists. The ombudsman is accountable to the Ombudsman Advisory Committee, which is made up of appointees by the Speaker of the House, the President of the Senate, the House Minority Leader, the Senate Minority Leader and the Governor and the Attorney General. These Executive Offices and Legislative Leaders have the control over the activities of this long-term care ombudsman. It hasn't worked in Department of Aging. The Department of Aging has not registered any opposition to this Bill at all. It has taken no position whatsoever. As Representative Wojcik said, something has got to be done. And I think this is a start and I think, this will be an effective alternative to what we have now. I ask for your favorable vote."
"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? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 103 voting 'aye', 12 voting 'no', none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order of Business, appears House Bill 2740. Mr. Clerk, read the Bill. Ms. Jones, prepared to go? Read the Bill."
"House Bill 2740, a Bill for an Act to amend the Unified Code of Corrections. Third Reading of the Bill."
"The Lady from Cook, Ms. Jones."
"Thank you, Mr. Speaker. House Bill 2740 requires a court, when sentencing a defendant for an offense committed against a person who is 65 years or older to order that the restitution be paid by the defendant. The court also requires... the court requires... wait a minute. It 252 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 requires a order to seize... order... seizure of the defendant's property to assure the restitution is made. There is a lot of crime against the seniors and it's growing rapidly. And really what this Bill does, it orders that restitution be paid to the person over 65 years of age by the defendant."
"Lady from Cook has moved for the passage of House Bill 2740, and on that, is there any discussion? The Gentleman from McDonough, Mr. Slater."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, what this Bill does is authorize the circuit clerk to seize and sell assets to satisfy a restitution order. I know of no other place in the law where this can be done, certainly no other place where the circuit clerk is given this authority. I think this is bad law and would urge its defeat. Thank you."
"Further discussion? Lady from Cook, Ms. Braun."
"Thank you very much, Mr. Speaker. In fact, Representative, there are several places in the law where civil remedies are used as part of the enforcement mechanism attached with criminal behavior. This legislation, I think is victim's... this is protect the victims legislation. This is our... a first step toward giving victims some rights to have some kind of recompense when they have been victimized. Representative Jones is intimately familiar with situations where older people are preyed upon. They are singled out for mistreatment, for assault, for robbery and the like, and what this Bill says, essentially, is that if there is a case and a person is found guilty of doing this to an older person, that person's assets can be used to recompense the individual. That's what the restitution is about and I think it's only 253 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 fair, and I think it acts as a very progressive step, and in the right direction, when people figure out, that their money might also be involved in their criminal conduct. I urge an 'aye vote on this good piece of legislation."
"The Gentleman from DeKalb, Mr. Countryman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. We passed this Bill out of the Judiciary Committee in the rush of the last day, and I think that. now reflecting upon it and looking at it, that we may have some serious problems with the constitutionality of this restitution provision. The restitution is to be made to the victim, and I don't think there are many of us that quarrel about restitution being made to the victim, but I think it's the method that this Bill provides for doing that and that's why the courts shall order a directing enter an order directing the circuit clerk to seize the real or personal property of the defendant, and dispose of the property by private sale. I think due process, first of all the sheriff probably ought to do it, rather than the circuit clerk. I think most instances in law, the Sheriff is the person who seizes property and conducts a sale. But there probably should be a hearing opportunity in there for the defendant, in order to assure him due process. So, I think there are some problems with this Bill, and maybe if the Lady would like to take it out of the record, we could see if we could work out on those problems, and come to some solution. I think it's an oversight that we missed in Committee, because we didn't really have the time to give to the Bill."
"The Gentleman from Cook, Mr. Young. Did you wish to be recognized?"
"I wanted to close."
"Alright, Mr. Young." 254 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Thank you. Mr. May 14, 1987 Speaker, Ladies and Gentlemen of the House. After listening to the previous speakers, I agree there may be a problem with this Bill. I think the sheriff would be the more proper person, rather than the clerk, but at the same time, we have already passed several Bills today, where the necessary Amendment will take place in the Senate. The idea is sound, restitution is settled in the law in many other areas, and I think it would be a simple matter for the Senate to change the clerk's name to the sheriff's name. As far as the provisions, or the questions raised regarding a hearing, I'm sure a Judge, the Bill does provide for a court order, I'm sure a Judge would not enter such an order unless he has been fully convinced that it is appropriate, so I would hope that we would send this Bill over to the Senate, and let them make that minor change."
"Further discussion? The Gentleman from Lee, Mr. Olson."
"Thank you very much, Ladies and Gentlemen, and Mr. Speaker. I would like to address this issue as a former circuit clerk. While the attainment of this goal is laudable, you have an issue of errors and omissions insurance, the clerk's role is strictly that, a clerk, it is not a judicial role, they are reminded of that daily by the people who run those various judicial circuits, and I think we should keep this posture, in the same posture which it has been, and that is suggest that the sheriff handle those particular types of functions. And I don't think that we should send a steady stream of Bills out of here that have a constitutional question, and say we'll address it in the Senate. I urge the defeat of this Bill."
"No further discussion, the Lady from Cook, Miss Jones, to close."
"Thank you, Mr. Speaker. The intent of my Bill is to help 255 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 Senior Citizens who have been victimized, and if there is a problem, and I will look at that problem, I will ask that it be corrected in the Senate. I ask for your favorable vote."
"The Lady from ... The question is, "Shall this Bill pass?" All those in favor signify by voting 'aye", those opposed vote 'no". Voting is open and this is final action. 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 80 voting 'aye', 30 voting 'no', 5 voting "present". This Bill, having received the Constitutional Majority, it is hereby declared passed. On this Order of Business, appears House Bill 2840. Mr. Clerk, read the Bill."
"House Bill 2840, a Bill for an Act in relation to Elder Abuse Demonstration Project. Third Reading of the Bill."
"The Lady from Sangamon, Ms. Hasara."
"Thank you, Mr. Speaker. This Bill would extend the Elder Abuse Demonstration Project Act for three months, from June 30th of this year, to September 30th. The Department on Aging is in preparation of a statewide plan, hoping to have it take effect on October 1, and this Bill would guarantee that there would be no break in service to the projects, there are four in this state, now going on. This Bill has bipartisan support. I think you all know my predecessor, Josephine Oblinger. instituted this program several years ago. and I am certainly pleased to be the major Sponsor of this Bill to extend it."
"The Lady from Sangamon moves for the passage of House Bill 2840, and on that, the Gentleman from Cook, Mr. LeFlore."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the 256 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 House. Last year, I had the same Bill, and the Department of Aging asked me to pull it out of the record so they could continue their pilot program. The pilot program has been completed, and I'm here in full support of this Bill. I think this is a good Bill that will be protection for our Senior Citizens. So, I would like to have an 'aye' vote on it."
"The Gentleman from Champaign, Mr. Johnson."
"Representative Hasara, what ... I note the catalog talks about this as a demonstration program with respect to violence and abuse. How does that work?"
"Representative Johnson, there are four demonstration projects around the state. One is in Winnebago County, one in Kankakee County, one in southern Illinois, in Franklin, Williamson, Jackson and Perry Counties, and one in suburban Cook. All Four projects are handled a little bit differently."
"I just meant, what do they demonstrate?"
"They are pilot projects trying to solve the elder abuse in Illinois. In other words instead of jumping in ..."
"They demonstrate how to solve the problem, it is not demonstrations of violence and abuse then? Right?"
"That's true."
"Okay, okay I just wanted to make sure, thank you."
"I assure you, we are not demonstrating elder abuse, we are stopping it, Representative."
"There being no further discussion, 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 114 voting 'aye', none voting 'no', none voting 'present'. This Bill, having received a Constitutional 257 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 Majority, is hereby declared passed. Now on the Order of Business that we just passed previously, on the Order of House Bills Third Reading, on Page 10 of the Calendar, appears House Bill 1473. Mr. Clerk, read the Bill."
"House Bill 1473 ..."
"The Gentleman from Cook, Mr. Cullerton."
"...A Bill for an Act to amend the Senior Citizens Disabled Persons Property Tax Relief. Third Reading of the Bill."
"The Gentleman from Cook, Mr. Cullerton."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. This Bill amends the Pharmaceutical Assistance Act, and it does two things. It raises the professional pharmacy dispensing fee, from $3.60 to $3.85, effective July 1, 1987. Now, you have to understand that the, this fee ... the setting of this fee, in the law right now, calls for a survey to be conducted and promulgated by the Department of Revenue as administrative rule, and when that survey is completed, they would in effect, set the dispensing fee. Since that survey has not yet been completed, the dispensing fee was set by statute, and effective July 1, 1986, it was raised to $3.60 per prescription, and since the survey has not yet been completed, we say with this Bill that it shall be increased to $3.85 per prescription. I would point out that if the dispensing fee was to ... if the survey decided that the dispensing fee would be more than $3.85, then the law would impose that higher amount, and the state would be obligated to pay that higher amount. The second part of the Bill just says the Department shall allow all pharmacies licensed under the Pharmacy Practice Act to participate as authorized pharmacies, unless they have been removed from that status for cause pursuant to the terms of the section. 258 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day So, I have asked for a Fiscal Note from the Revenue. The Department May 14, 1987 Department of of Revenue has indicated that increasing the fee from $3.60 per prescription to $3.85 per prescription, estimates this increased cost to the state would be approximately $278,000 and, but I think the key ... and that was signed by Roger Sweet, the Director of the Illinois Department of Revenue, and I am going to hang on to that signature, because that might be worth something. The thing that you have to understand is that the fees are set by the survey, the survey is not yet completed, we are doing it by statute, if the survey comes out with a higher amount, it would cost the state more money. And I ... it's also true if they came out with a lower amount, it would be a lower amount of money and the law would then kick in once that survey is completed, and it would be a lower amount. So, for that reason I think that it is a very reasonable Bill. I would appreciate your support, and would be happy. to try to answer any questions."
"The Gentleman from Cook moves for the passage of House Bill 1473, and on that, the Gentleman from Morgan, Mr. Ryder."
"Thank you, Mr. Speaker. Would the Sponsor yield for a question?"
"He indicates he will."
"Representative, you indicated that you had a signature. Is that an original signature, or a photocopy?"
"Well, I have a copy of the Fiscal Note. I imagine maybe the Clerk, maybe Mr. Leone, if I can ask Mr. Leone, or Mr. O'Brien if they have a Fiscal Note on this Bill, if you have the original, because if so, I would like to retrieve it, and substitute the copy, because it's Roger Sweet, Director. It doesn't even say Acting Director. and I would like to get a ... keep that copy of that original 259 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 if you have it. So thank you for asking that question, though."
"You're welcome Representative. I also rise in support of this Bill. There has been some problems in assessing these costs, and I believe that this Bill will further that process. Additionally, it does open up the process to all of those who are registered to perform pharmacy within the State of Illinois. I think it is the kind of Bill that will serve the process, and therefore, I ask for your support."
"The Gentleman from St. Clair, Mr. Stephens."
"Thank you, Mr. Speaker. As a practicing, licensed pharmacist in the State of Illinois, I have got a conflict of interest on this Bill. I would not be allowed to ... I would not allow myself to vote for increasing my fee. But I do think that the Representative is right on the issue, in that what we need to do is to have the Department of Revenue release to the public the methodology by which they determine the reimbursement rate. I am going to vote 'present' on this Bill, Representative Cullerton, but I support that idea of having the Department reveal its methods of determining what the fee should be. Thank you."
"There being no further discussion ... Mr. Cullerton, did you want to close?"
"Yes, I would. It just dawned on me, that now that ... I didn't know that Representative Stephens was a practicing pharmacist, now I know why he was so knowledgeable in that area of the birth control devices that we talked about earlier, on an earlier Bill. But I certainly, I certainly appreciate his statement, even though he has a potential conflict. I think it's a good Bill and appreciate your vote and support."
"The question is, 'Shall this Bill pass?" All 260 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 those in favor signify by voting 'aye', those opposed vote "no". Voting is now opened, and this is final action. 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 108 voting 'aye', 4 voting "no", 2 voting *present'. This Bill, having received the Constitutional Majority, is hereby declared passed. First Bill... and now, Ladies and Gentlemen ... Ladies and Gentlemen, some time ago, the proposed Consent Calendar, Supplemental #1A, which is a yellow document, was passed out to all. In that document you will notice some Bills have a line through their number. That indicates that those Bills have been stricken from the Consent Calendar. Those Bills will be placed on a Special Order and will be heard, before the deadline time. The other Bills will be stricken, probably as we go on, overnight at least, and those Bills also will be given the same ... accorded the same kind of treatment. In any event, we have Bills on the Order of Second Reading, and there are perhaps six or seven pages of Bills on Second Reading. These Bills are on the Consent Calendar. on Second Reading. They have been basically approved by the staffs and leadership of both Houses, or both parties, both sides of the aisle, as well as the Chairman and Minority Spokesman of each of the Committees. Now, if we are to make this work, we will have to... you will have to withdraw Amendments to those Bills on the Order of Second Reading, which are more than technical. In other words. if you are adding a new concept, those Bills obviously cannot be treated on a Consent Calendar. So, I would ... as we go through Second Reading, if you want your Bill on Consent, and your Amendment is more than a technical Amendment, you will probably have to withdraw that Amendment, otherwise the 261 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Bill will be removed from the Consent Calendar. We will be going through the Consent Calendar, Second Readings, now. Additionally, the same is true of those Bills that are on Third Reading, which you intended to return to the Order of Second Reading for the purposes of an Amendment. If your Amendment to Bills on Third Reading is technical in nature, and must ... is necessary for the Bill itself, of course, they will be considered, the Bills will be returned tomorrow to the Order of Second Reading for the purpose of an Amendment. If on the other hand, you have other Amendments which are more substantive in nature, then please take them off. Now, it is our intention to go on the Order of House Bills, Second Reading, Consent Calendar, remembering the admonition or suggestion that I have given with respect to Amendments which would vary or enlarge the scope of the Bill. Additionally, it will be helpful, if you will come up to the well. There will be a list for you to sign, those Bills on Third Reading, which require a technical Amendment. If we can tonight, before we close, and that may not be possible, we will bring those Bills back to the Order of Second Reading for Amendment. As I look at the clock, that may be too ambitious. In any event, we can make the list, so that we will know tomorrow, which Bills have to be returned to the Order of Second Reading. In any event, all Bills will be read tonight, that are on Second Reading, on this Calendar, so that they will be in a position tomorrow, constitutionally to pass out of this House. If there are any questions, I would be more than happy to try and respond. Mr. Hallock?"
"Yes, could you repeat that please?"
"I am advised, on page 8, that 2436, Representative Johnson, that's the second Bill on the page, was inadvertently stricken and will remain on the Consent 262 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Weaver: May 14, 1987 Calendar. So, you might make a note that that Bill is not stricken, al though there was a line through it. A bar sinister. Yes, Mr. Weaver?" "Mr. Speaker, in the past, we have been allowed to change our vote on certain numbers of the Bills on Third Reading, is that also going to be offered?"
"Yes, tomorrow there will be a separate Roll Call, so that you, each Member, will be able to register a negative vote on each of the Bills, that will be on the Consent Calendar, Third Reading."
"Very good. Thank you."
"Ms. Braun."
"Mr. Speaker, are you done with that business?"
"I don't know, I am waiting For questions ... response ..."
"This isn't a question at all ... I would like ..."
"Why don't you hold it then."
"Okay, Mr. Speaker ..."
"Alright, it appears that there are no further questions. Ms. Braun."
"Thank you, Mr. Speaker. I would like the doorkeeper to come and remove Representative Granberg from the Chamber, because he continually buys sundaes for me and Representative Flowers, knowing full well that both of us are trying to diet, and I think that that is inappropriate, and very ugly conduct for a Member, and I would like to have the Gentleman removed for that reason."
"Mr. Granberg should be advised that the Chair has no prohibitions on eating sundaes, and accordingly is more likely to have his Bills called and passed, if he takes care of the Chair. As you can see, many of the freshmen have been indulgent of me, in that regard. And now Ladies and Gentlemen, on page two of the Consent 263 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Calendar, House Bills, Second Reading, appears House Bill 269. Mr. Clerk, read the Bill."
"House Bill 269, a Bill for an Act to amend the Liquor Control Act. Has been read a second time previously."
"Floor Amendments? Motions, Floor Amendments, anything? I would remind the Members, if they have Bills that will have to be returned to the Order of Second Reading, that are on the Third Reading, come up and there is a list here that you can sign. Mr. Clerk, are there any Motions with respect to House Bill 269?"
"Amendment #1 was adopted in Committee. There are no Motions in respect to Amendment #1."
"Are there any Floor Amendments?"
"Floor Amendment #2. is being offered by Representative Hallock."
"Withdraw."
"Amendment #2 withdrawn. Further Amendments?"
"There are no further Amendments."
"Third Reading. On the Order of House Bills, Second Reading, appears House Bill 328. Mr. Clerk, read the Bill."
"House Bill 328, a Bill for an Act to amend the Mobile Home Landlord and Tenant Right Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. On the Order of House Bills, Second Reading, appears House Bill 410."
"House Bill 410, a Bill for an Act to amend the School Code. Second Reading of the Bill. There are no Committee Amendments."
"Any Floor Amendments?" 264 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Floor Amendment #1, is being
Speaker Representative Homer." May 14, 1987 offered by
"The Gentleman from Fulton, Mr. Homer. What is your pleasure, Sir? The Gentleman withdraws Amendment #1. Further Amendments?"
"Floor Amendment #2, is being offered by Representative Klemm."
"Gentleman from McHenry, Mr. Klemm. Mr. Klemm?"
"Thank you, Mr. Speaker, Amendment #2 makes a date change and some technical changes, and really that's all it does."
"The Gentleman from McHenry moves for the adoption of Amendment #2 to House Bill 410, and on that, the Gentleman from Fulton, Mr. Homer."
"Would the Gentleman entertain a further Amendment, to the face of Amendment #2?"
"I didn't hear you ... Representative."
"Would the ... Would you accept a further Amendment on the face of Amendment #2 in order to ..."
"Absolutely."
"Alright, Mr. Speaker, it has been discovered that through a printing error made, that there are two lines missing from the bottom of page 2 of Amendment #2. And at this time I would ask leave of the Body, to amend Amendment #2, on its face by adding to the bottom of page 2, the following language: line 34 would read; the changes made to this subsection c in parentheses, by this amendatory ... and then line 35 would read; Act, capital A, of 1987, shall apply to the formation of a new district by ... and with the leave of the Body, I would ask that the Amendment be so amended on its face."
"Mr. Homer, Amendments to Amendment require a unanimous consent."
"I may further ask, Sir, that the language I just 265 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day outlined, would be underlined as well."
"Mr. Klemm?" May 14, 1987
"Thank you, Mr. Speaker. I join with Representative Homer, in supporting this change. Ask leave of the House."
"Alright. With leave of the House, unanimous consent. The Amendment stated... Mr. Clerk, is there some way we pick up that language? Alright. The Amendment of Mr. Homer's is adopted as an Amendment, to the Amendment offered by Mr. Klemm. Amendment #2."
"Speaker ... Mr. Speaker, may I ... Speaker I have just been delivered the corrected copy by the Legislative Reference Bureau, and I think a little cleaner way of doing this, would to be to ask to take this Bill from the record, for a moment, so that we can refile the new, corrected Amendments."
"Thank you. Good idea, let's take it from the record. Alright, now ... yes, just provide us with the corrected copy. Alright, Mr. Homer, as long as we have ... the Clerk is furnished the copy, we don't have any problems with it then. Having unanimous consent to amend Amendment #2 on its face, leave is granted. Mr. Klemm on Amendment #2."
"Well, as I understand it, Mr. Speaker, Amendment #2 has been amended on its face, is that correct?"
"Right, you've got it right finally. Go ahead."
"Then I move its adoption."
"The Gentleman moves for the adoption of Amendment #2. All those in favor say 'aye', opposed 'no', in the opinion of the Chair, the ayes have it. Amendment #2 is adopted. Further Amendments?"
"Floor Amendment #3, is being offered by Representative Homer."
"Gentleman from Fulton, Mr. Homer on Amendment 266 46th Legislative Day Homer: STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 #3. Mr. Homer?" "Thank you, Mr. Speaker. I would move for the adoption of Amendment #3 which is technical, in the sense that it includes the provisions with regard to school districts that have been annexed. which was an oversight in the drafting of the original Amendment. I know of no opposition."
"Alright, the Gentleman moves for the adoption of this ... of Amendment #3, Mr. Klemm. nods, all those ... the question is, 'Shall Amendment #3 be adopted?' All in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"There are no further Amendments."
"Third Reading. On the Order of House Bills, Second Reading, appears House Bill 744. Mr. Clerk, read the Bill."
"House Bill 744, a Bill for an Act to amend the Code of Civil Procedures. Second Reading of the Bill. There are no Committee Amendments."
"Are there any Floor Amendments?"
"There are none."
"Third Reading. On the Order of House Bills, Second Reading Consent, appears House Bill 755. Mr. Clerk, read the Bill."
"House Bill 755, a Bill for an Act to amend the Illinois Manufactured Housing and Mobile Home Safety Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions with respect to Amendment #1?"
"No Motions filed."
"Any Floor Amendments?"
"There are no Floor Amendments." 267 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
May 14, 1987 "Third Reading. On the Order of House Bills Second Reading appears House Bill 787. Mr. Clerk, read the Bill. Oh, I'm sorry. I'm sorry, Mr. McCracken."
"I haven't had a chance to talk with Representative Flinn about this. We're Cosponsors on this and I know that an Amendment was supposed to be put on this Bill. Shall we take it to Third and return it for that Amendment? Is that your pleasure?"
"It is my understanding that the Amendment will be put on in the Senate, as opposed to taking it from the Consent Calendar."
"Okay. That's fine."
"On this Order appears House Bill 787. Mr. Clerk, read the Bill."
"House Bill 787, a Bill for an Act to create the Juvenile Court Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative O'Connell."
"The Gentleman from Cook, Mr. O'Connell."
"I withdraw Amendment #1."
"The Gentleman... the Gentleman withdraws Amendment #1"
"Mr. Speaker?"
"Yes."
"On the Calendar Board you've got 755."
"787. Amendment #1 is withdrawn. Are there further Amendments?"
"Floor Amendment #2 is being offered by Representative O'Connell."
"Mr. O'Connell."
"Thank you, Mr. Speaker. Amendment #2 are a number of 268 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day technical changes that our technical May 14, 1987 review staff went through. There are no substantive changes. It is strictly technical."
"The Gentleman from Cook, Mr. O'Connell, moves for the adoption of Amendment #2 to House Bill 787. There being no discussion, the question is, 'Shall this Amendment be adopted?" All in favor say 'aye", opposed 'no'. In the opinion of the Chair, the Amendment is adopted. Amendments?"
Ryder." Further "Floor Amendment #3, being offered by Representative
"The Gentleman from Morgan, Mr. Ryder on Amendment #3. Mr. Ryder wishes to withdraw the The Amendment is withdrawn. Further Amendments?"
"There are no further Amendments."
Amendment. Speaker Greiman: "Third Reading. On this Order appears House Bill 801. Mr. Clerk, read the Bill."
"House Bill 801, a Bill for an Act to amend the Illinois Highway Code. Second Committee Amendments."
Reading of the Bill. No Speaker Greiman: "Are there any Amendments?"
"No Amendments from the floor."
"Third Reading. On this Order of Business appears House Bill 824. Mr. Clerk, read the Bill."
"House Bill 824, Illinois Vehicle Code. Committee Amendments." a Bill for an Act to amend the
Second Reading of the Bill. No Speaker Greiman: "Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Ronan and McAuliffe."
"Mr. McAuliffe? Mr. Ronan? Do you wish that withdrawn? Mr. Ronan? Mr. Clerk? Mr. Ronan, proceed."
"Thank you, Mr. Speaker. I am pleased to present 269 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Amendment #1 to House Bill 824 and it's a technical Amendment and I move for the passage of Amendment #1."
"The Gentleman from Cook, Mr. Ronan, moves for the adoption of Amendment #1 to House Bill 824, and on that, is there any discussion? There being none, the question is, 'Shall this Amendment be adopted?' All in favor vote 'aye'... say 'aye', those opposed 'no'. In the opinion of the Chair, the 'ayes have it. The Amendment is adopted. Are there further Amendments to this Bill?"
"There are no further Amendments."
"Third Reading. On this Order appears House Bill 930. Mr. Clerk, read the Bill."
"House Bill 930, a Bill for an Act to amend an Act concerning conveyances. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendment?"
"Floor Amendment #1 is being offered by Representative McPike."
"The Gentleman from Madison, Mr. McPike on Amendment #1."
"Withdraw the Amendment."
"Amendment #1 withdrawn. Further Amendments?"
"There are no further Amendments."
"Third Reading. On this Order of Business appears House Bill 948. Mr. Clerk, read the Bill."
"House Bill 948, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Wait."
"The Gentleman from Boone, Mr. Wait."
"Thank you, Mr. Speaker. Amendment #1 simply adds the 270 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 words 'notice' as well as 'required on the ballot' and also adds 'community college district' in that Bill."
"The Gentleman from Boone moves for the adoption of Amendment #1 to House Bill 948. Is there any discussion? There being none, the question is, 'Shall this Amendment be adopted?' Those 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 this Order of Business appears House Bill 1032. Mr. Clerk, read the Bill."
"House Bill 1032, a Bill for an Act to amend an Act in relationship to state finance. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. Representative Braun in the Chair."
"House Bill 1092. Representative Mulcahey? Representative Mulcahey? On 1092? Mr. Clerk, read the Bill."
"House Bill 1092, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments? Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 1116. Representative Satterthwaite. Mr. Clerk, read the Bill."
"House Bill 1116, a Bill for an Act to amend an Act to create the State University Civil Service System. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?" 271 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2 is being offered by Representative Satterthwaite."
"The Chair recognizes the Lady from Champaign, Representative Satterthwaite on Amendment #2."
"Madam Speaker and Members of the House, this is a purely technical Amendment correcting a spelling and grammatical error. I move for its adoption."
"The Lady moves 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?"
"Floor Amendment #3 is being offered by Representative Satterthwaite."
"The Lady from Champaign."
"Madam Speaker, Members of the House. This is also a technical Amendment. It inserts one word that was inadvertently omitted, 'status' employee, rather than just an 'employee'."
"The Lady moves the adoption of 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?"
"There are no further Amendments."
"Third Reading. House Bill 1118, Representative Countryman. Representative Countryman? Mr. Clerk, read the Bill."
"House Bill 1118, a Bill for an Act to amend the Mobile Home Landlord and Tenant Rights Act. Second Reading of the Bill. No Committee Amendments." 272 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1120, Representative Countryman. Mr. Clerk, read the Bill."
"House Bill 1120, a Bill for an Act relating to criminal background checks for substitute teachers. Second Reading of the Bill. Amendment #... no Committee Amendments. Floor Amendment #1 is being offered by Representative Countryman and Hensel."
"The Chair recognizes the Gentleman from DeKalb on Amendment 1."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Amendment #1 takes some provisions dealing with the fee to be charged by the Regional School Superintendent for the background check for the applicants and allow him to disburse it in a proportionate share amongst the schools which would be benefiting by having the substitute teachers investigation done this way. It was a part of Representative Hensel's Bill and really doesn't make any substantive change in the Bill... in the legislation, and I ask for its adoption."
"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, being offered by Representatives Christensen and Saltsman."
"The Chair recognizes the Gentleman from Grundy, Representative Christensen. Representative Christensen?"
"Thank you, Mr. Speaker... Ms. Speaker. What this does is, allows a background check for people who work in nursing homes... private homes of senior citizens."
"The Gentleman has moved the adoption of Amendment 273 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 2. On that, is there any discussion? The Chair recognizes the Gentleman from DeKalb, Representative... Representative Countryman."
"Thank you, Madam Speaker. Question of the Chair. Has this been printed and distributed?"
"Yes, it has."
"Thank you."
"Representative Chris... Countryman."
"Thank you, Madam Speaker. I stand in opposition to this Amendment. This Amendment changes the nature of the Act and adds an entirely different Bill to this Bill. The Bill which... House Bill 1120 is a simple Bill which merely provides for the background checks which we passed a few years ago to be done by the Regional School Superintendent in the case of a substitute teacher. This Amendment really adds nothing to that part of the Bill and deals with a totally different background check for vendors purchasing services provided under community care programs. This legislation should not be incorporated in this Bill. It doesn't make sense even under the collapsed Bill theory. This is the wrong Bill to attempt to put this Amendment on and I'd ask that the Amendment be defeated. Thank you."
"Representative Christensen."
"Withdraw the Amendment."
"The Gentleman withdraws the Amendment. Are there further Amendments?"
"There are no further Amendments."
"Are there any further Amendments?"
"There are no further Amendments."
"Third Reading. The Chair recognizes the Gentleman from Fulton, Representative Homer."
"Thank you, Madam Speaker. I rise on a point of information or clarification from the Chair. It was my 274 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 understanding, when we began this Order of Business, that the Chair announced that we would be entertaining solely technical Amendments to these Bills that are on Second Reading and without directing attention to any specific Bill, it would appear that some Amendments that are being offered at this time are much more than technical Amendments. It's the intent of our side to again review these Bills that have been put on Second Reading to determine whether or not objections should be raised to whether they should or should not remain on this Order of Consent Calendar. And so, I think, that Members should be aware that, where an Amendment is adopted to one of these Bills that is more than a technical Amendment, that may, in fact, jeopardize that Bill's standing on the Order of the Consent Calendar, and would, therefore, ask the Members comply with the Chair's earlier announcement as to the purpose of this Order of Business that we're on." to
"Thank you, Representative. And for everyone's attention. If you have an Amendment to a Bill which appears on this Consent Calendar, If it is more than technical, please withdraw it now and save yourself the trouble later. House Bill 1123, Representative Klemm. 1123? Mr. Clerk, read the Bill."
"House Bill 1123, a Bill for an Act to amend the Illinois Library Systems Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. 1133, Representative Keane. Repre... Mr. Clerk, read the Bill."
"House Bill 1133, a Bill for an Act in relationship to the effect of tax rate changes on businesses in this state. Second Reading of the Bill. No Committee 275 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Amendments."
"Any Floor Amendments?"
"There are none."
May 14, 1987 "Third Reading. 1185, Representative Hensel. Mr. Clerk, read the Bill."
"House Bill 1185, a Bill for an Act to amend the Illinois Highway Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. 1188, Representative Harris. Mr. Clerk, read the Bill."
"House Bill 1188, a Bill for an Act to amend the Mobile Home Landlord and Tenant Rights Act. of the Bill. No Committee Amendments."
"Any Floor Amendments?"
Second Reading Clerk Leone: "Floor Amendment #1 is being offered by Representative Harris."
"The Gentleman from Cook."
"Thank you, Madam Chairman. Leave to withdraw."
"Amendment I is withdrawn. Further Amendments?"
"There are no further Amendments."
"Third Reading. 1216, Representative Hoffman. Mr. Clerk, read the Bill."
"House Bill 1216, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed with respect to Amendment #1."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 1244, Representative Levin. Mr. Clerk, read the Bill." 276 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
School "House Bill 1244, a Bill for an Act Code. Second Reading of the Bill. and 2 were adopted in Committee." May 14, 1987 to amend the Amendments #1
"Any Motions filed?"
"There are no Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill Steczo. Mr. Clerk, read the Bill." 1256,
Representative Clerk Leone: "House Bill 1256, a Bill for an Act to amend an Act to provide preserve for the creation and management of forest districts. Committee Amendments."
Second Reading Speaker Braun: "Any Floor Amendments?"
"Floor Amendment #1 is Representative Steczo." Speaker Braun: of the Bill. No being offered by "The Gentleman from Cook, Representative Steczo."
"Thank you, Madam Speaker. Withdraw Amendment #1, please."
"Amendment 1 is withdrawn. Further Amendments?"
"There are no further Amendments."
"Third Reading. Representative Greiman in the Chair. Representative Greiman not in the Chair. House Bill 1259, Representative Giorgi."
"House Bill 1259, a Bill for an Act to amend an Act to provide for the licensing and regulating certain games of chance. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Churchill."
"The Chair recognizes the Gentleman from Lake, Representative Churchill." 277 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Withdraw."
"Withdraw Amendment #1. May 14, 1987 Further Amendments?"
"There are no further Amendments."
"Third Reading. For what reason does the Gentleman from Winnebago... Representative Barger at Representative Hallock's desk."
"Thank you, Lady Speaker. In the south balcony gallery, we have some very important and dignified guests. Arthur Veysey, former London Bureau Chief for the Chicago Tribune and his wife, Gwynn, former Paris Chief for the Chicago Tribune. Art... Beverly... Gwynn... I'm sorry. That's the east balcony. Anyway. it's a pleasure to have such dignified newspaper personages with us today. Thank you, Carol, for allowing me to introduce them."
"House Bill 1265, Representative Flinn. Mr. Clerk, read the Bill."
"House Bill 1265, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1288, Representative Dunn. Mr. Clerk, read the Bill."
"House Bill 1288, a Bill for an Act to amend the Illinois Vehicle Code. 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. House Bill 1295, Representative Stephens. Mr. Clerk, read the Bill. 1297."
"House Bill 1297, a Bill for an Act to amend the 278 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Illinois Physical Therapy Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1342, Representative Preston. Mr. Clerk, read the Bill."
"House Bill 1342, a Bill for an Act to amend the Juvenile Court Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1344, Representative Hicks. Mr. Clerk, read the Bill."
"House Bill 1344, a Bill for an Act to amend the Illinois Highway Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"House Bill 1376, Representative Van Duyne. I said, 'Third Reading..'"
"House Bill 1376, a Bill for an Act to amend an Act concerning land titles. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Van Duyne."
"The Gentleman from Will, Representative Van Duyne on Amendment 1."
"Thank you, Madam Speaker. This is an agreed Amendment. It makes changes in the administrative review and I move for adoption."
"The Gentleman moves the adoption of Amendment 1 and all in favor... and on that, is there any discussion? 279 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 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. Further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 1419, Representative O'Connell. Mr. Clerk, read the Bill."
"House Bill 1419, a Bill for an Act concerning taxes on certain businesses and enterprise zones. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1421, Representative Dunn. Mr. Clerk, read the Bill."
"House Bill 1421, a Bill for an Act to amend the Illinois Nursing Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1462, Representative Hicks. Mr. Clerk, read the Bill."
"House Bill 1462, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendment #1 and #2 was adopted in Committee."
"Any Floor Amendments?"
"No Motions filed and no Floor Amendments."
"Third Reading. House Bill 1471, Representative Greiman."
"House Bill 1471..."
"Mr. Clerk, we'll... we'll come back to that. Are there any Amendments? House Bill 1471, Mr. Clerk, read the Bill."
"House Bill 1471, a Bill for an Act to amend the 280 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Professional Service Corporation Act. the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. Second May 14, 1987 Reading of House Bill 1500, Representative Churchill. Mr. Clerk, read the Bill."
"House Bill 1500, a Bill for an Act to amend the Animal Control Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered Representative Churchill." by
"The Gentleman from Lake withdraws Amendment 1. Further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 1504, Representative Churchill. Mr. Clerk, read the Bill." 1504,
"House Bill a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered Representative Peterson."
"The Gentleman by from Lake, Representative Peterson."
"Madam Speaker, withdraw Amendment 1."
"Amends... withdraws Amendment #1. Further Amendments?"
Speaker "Floor Amendment #2 is being offered Representative Churchill." by
"Representative Churchill withdraws Amendment 1 Isic Amendment 2).
Further Amendments?" "Amendment #2 is withdrawn. No further Amendments." 281 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"Third Reading. House Bill 1548, Representative Leverenz. Mr. Clerk, read the Bill."
"House Bill 1548, a Bill for an Act to amend the Humane Care for Animal Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Leverenz."
"The Gentleman from Cook, Representative Leverenz on Amendment 1. Representative Leverenz."
"The Amendment would reduce the penalty from a... I believe a Class IV misdemeanor... From a felony to a Class C misdemeanor. That's correct, and I would move for the adoption of the Amendment."
"The Gentleman moves the adoption of Amendment 1. On that, is there any 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. Further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 1560, Representative Olson. Mr. Clerk, read the Bill."
"House Bill 1560, a Bill for an Act to amend the Illinois Administrative Procedure Act. 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. House Bill 1563, Representative Mautino. Mr. Clerk, read the Bill."
"House Bill 1563, a Bill for an Act to amend the 282 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Beer Industry's Fair Dealing Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1578, Representative Johnson. Mr. Clerk, read the Bill."
"House Bill 1578, a Bill for an Act to amend the Illinois Parentage Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1581, Representative Hicks. Mr. Clerk, read the Bill."
"House Bill 1581, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 1584, Representative Hicks. Mr. Clerk, read the Bill."
"House Bill 1584, a Bill for an Act in relationship to drilling operations. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Rea."
"The Gentleman from Franklin, Representative Rea on Amendment #1."
"Madam Speaker, this is a substantial Amendment. I would request that the Sponsor of the Bill request that the Bill be removed from Consent and placed on Special Order of 283 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Business."
"Representative Hicks?"
"Yes, Madam Speaker. I would object to that... removing the Bill from the Consent Calendar, and I ask to have Floor Amendment #1 tabled, please."
"Representative Rea."
"I would be opposed to Amendment 1 being tabled. It's a substantial Amendment, here, that we've been... we've been working on this legislation for over a year, actually, and this is a..."
"Representative Rea... excuse me, Sir. We will take the Bill out of the record momentarily while you Gentlemen resolve this issue. House Bill 1602, Representative Klemm."
"House Bill 1602, a Bill for an Act to amend the State Library Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1603, Representative Homer. Mr. Clerk, read the Bill."
"House Bill 1603, a Bill for an Act to amend the Criminal Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Correction. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"There are no Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 1616, Representative O'Connell. Mr. Clerk, read the Bill." 284 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"House Bill 1616, May 14, 1987 a Bill for an Act to amend the Mobile Home Landlord and Tenant Rights Act. of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill O'Connell." Second Reading 1628,
Representative Clerk Leone: "House Bill 1628, a Bill for an Act to amend the Bill of Rights for Victims and Witnesses of Violent Crime Act. There are no Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1645. Mr. Clerk... Representative Martinez? Mr. Clerk, read the Bill."
"House Bill 1645, a Bill for an Act to amend the Civil Administrative Code of Illinois. the Bil1. No Committee Amendments."
"Any Floor Amendments?"
Second Reading of Clerk Leone: "There are none."
"Third Reading. House Bill 1652, Representative Klemm. Mr. Clerk, read the Bill."
"House Bill 1652, a Bill for an Act to amend the Civil Administrative Code of Illinois. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1667, Representative Breslin. Mr. Clerk, read the Bill."
"House Bill 1667, a Bill for an Act in relationship to collection and disposal of household hazardous waste. Second Reading of the Bil1. No Committee Amendments."
"Any Floor Amendments?"
"There are none." 285 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES
TRANSCRIPTION DEBATE Speaker Braun: "Third Reading. House Bill 1680, Representative Mautino. Mr. Clerk, read the Bill." May 14, 1987
"House Bill 1680, a Bill for an Act to amend the Employee Ownership Assistance Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1681, Representative Mautino. Mr. Clerk, read the Bill."
"House Bill 1681, a Bill for an Act to amend the Civil Administrative Code of Illinois. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1701, Representative Terzich. Mr. Clerk, read the Bill."
"House Bill 1701, a Bill for an Act to amend an Act to create sanitary districts. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1736, Representative Satterthwaite. Mr. Clerk, read the Bill."
"House Bill 1736, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1753, Representative Churchill. For what reason does the Gentleman from Cook, Representative Farley, rise?"
"There's an Amendment. Let him read it."
"Yes. 1753, Mr. Clerk, read the Bill." 286 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"House Bill 1753, a Bill for an Act to amend the Revenue Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2 is being offered by Representative Farley and Daley."
"The Gentleman from Cook, Representative Farley."
"I would move to withdraw Amendment #2, Madam Chairman, Madam Speaker."
"The Gentleman withdraws Amendment 2. Any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 1758. Representative Churchill. Mr. Clerk, read the Bill."
"House Bill 1758, a Bill for an Act to amend the Illinois Highway Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2 is being offered by Representative Churchill."
"The Gentleman from Lake, Representative Churchill on Amendment 2. Withdraw Amendment 2. Further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 1760, Representative McAuliffe. Mr. Clerk, read the Bill."
"House Bill 1760, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments." 287 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative McAuliffe."
"The Gentleman from Cook."
"Floor Amendment #1 is just a technical Amendment to clean up the Bill."
"The Gentleman moves the adoption of Amendment #1. On that, is there any 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. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 1767, Representative Rea. Mr. Clerk, read the Bill."
"House Bill 1767, a Bill for an Act to amend the Environmental Protection Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1771, Representative Rea. Mr. Clerk, read the Bill."
"House Bill 1771, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1836, Representative Cullerton. Mr. Clerk, read the Bill."
"House Bill 1836, a Bill for an Act to amend the Campground Licensing and Recreation Area Act. Second Reading of the Bill. No Committee Amend... No Committee Amendments." 288 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Bill Peterson."
"Mr. Clerk, has a fiscal note been filed on this Bill? Representative Peterson on Amendment 1."
"Madam Speaker, please withdraw Amendment 1."
"Amendment 1 is withdrawn. Further Amendments?"
"There are no further Amendments."
"Has the fiscal note been filed? Representative Cullerton, a fiscal note... Representative McCracken, for what reason do you rise?"
"To withdraw that request."
"The Gentleman has withdrawn his request for a fiscal note. It is, therefore, not required. The Bill may advance to the Order of Third Reading. House Bill 1866, Representative Matijevich. Mr. Clerk, read the Bill."
"House Bill 1866, a Bill for an Act to create a Committee on the Release of Genetically Engineered Orgasm... Organisms... Organisms... Second Reading of the Bill. No Committee Amendments."
"Mr. Clerk, you are making the Speaker blush. Alright, here we go... any Floor Amendments?"
"There are no Floor Amendments."
"Has the Fiscal Note been filed as requested?"
"No Fiscal Note. There is no Fiscal Note on file."
"Representative McCracken. Representative Matijevich."
"There is a whole lot of people rushing up to be Co-chief Sponsor of that Bill."
"Representative McCracken."
"Well, I didn't want that last one to be taken as a wholesale withdrawal. But, we'll give you this one, John."
"The Gentleman withdraws his request for a Fiscal 289 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 Note. The Bill will be advanced to the Order of Third Reading. House Bill 1901, Representative Curran. Mr. Clerk, read the Bill."
"House Bill 1901, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1922, Representative Steczo. Mr. Clerk, read the Bill."
"House Bill 1922, a Bill for an Act to amend an Act requiring certain custodians of public monies to file and publish statements. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative McCracken."
"Representative McCracken on Amendment 1. The Gentleman withdraws Amendment 1. Further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 1924, Representative Cullerton. Mr. Clerk, read the Bill."
"House Bill 1924, a Bill for an Act to amend an Act to establish a Joint Legislative Reference Bureau. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 1940, Representative Dunn. Mr. Clerk, read the Bill."
"House Bill 1940, a Bill for an Act to amend the Probate Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?" 290 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"There are none."
"Third Reading. House Bill 1953, Representative Slater. Mr. Clerk, read the Bill."
"House Bill 1953, a Bill for an Act to amend the Illinois Vehicle Code. 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. House Bill 1959, Representative Dunn. Mr. Clerk, read the Bill."
"House Bill 1959, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Dunn."
"The Gentleman from Macon."
"Floor Amendment #1 adds back some corrective language that was left out of the Commerce Commission rewrite. I move for its adoption."
"The Gentleman moves the adoption of Amendment 1. On that, is there any 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. Further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 1998, Representative Stephens. Mr. Clerk, read the Bill."
"House Bill 1998, a Bill for an Act to amend the Regency Universities Act. Second Reading of the Bill. No 291 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE Committee Amendments."
"Any Floor Amendments?"
"There are none." May 14, 1987
"Third Reading. House Bill 2011, Representative Mautino. Mr. Clerk, read the Bill."
"House Bill 2011, a Bill for an Act relating to the sale of franchises. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2 is offered by Representative Mautino."
"The Gentleman from Bureau on Amendment 1 (sic Amendment 2)."
"Thank you. Madam Speaker. That's a technical Amendment recommended by the staff. I move it be adopted."
"The Gentleman has moved the adoption of Amendment #2. All in favor... 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?"
"No further Amendments."
"Third Reading. House Bill 2033, Representative McPike. Mr. Clerk, read the Bill."
"House Bill 2033, a Bill for an Act relating to unemployment insurance. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2046, Representative Matijevich. Mr. Clerk, read the Bill." 292 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"House Bill 2046, a Bill for an Act in relationship to the conveyance of certain state land. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 2060, Representative Churchill. Mr. Clerk, read the Bill."
"House Bill 2060, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2062, Representative Johnson. Mr. Clerk, read the Bill."
"House Bill 2062, a Bill for an Act to revise the law in relationship to husband and wife. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2100, Representative Granberg. Mr. Clerk, read the Bill."
"House Bill 2100, a Bill for an Act to amend the Uniform Disposition of Unclaimed Property Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Gran... Granberg."
"The Gentleman from Clinton on Amendment 1."
"Thank you. This makes technical changes pursuant to recommendations made by the Department of Financial Institutions. I recommend its adoption." 293 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
May 14, 1987 "The Gentleman moves the adoption of Amendment 1. On that, is there any 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. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2146, Representative Daley. Mr. Clerk, read the Bill."
"House Bill 2146, a Bill for an Act to amend the Consumer Fraud and Deceptive Business Practices Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Daley."
"The Gentleman from Cook on Amendment 1.
"Thank you. Madam Speaker. Amendment #1 is just a technical Amendment and I move for its adoption."
"The Gentleman has moved the adoption of Amendment 1, and on that, is there any 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 and Amendment 1 is adopted. Further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 2180, Representative Stern. Mr. Clerk, read the Bill."
"House Bill 2180, a Bill for an Act to amend the Unified Code of Corrections. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2202, Representative 294 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day Ronan. Mr. Clerk, read the Bill." May 14, 1987
"House Bill 2202, a Bill for an Act to amend the Boat Registration and Safety Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2208, Representative McAuliffe. Mr. Clerk, read the Bill."
"House Bill 2208, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2209, Representative Ryder. Mr. Clerk, read the Bill."
"House Bill 2209, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Rea."
"The Chair recognizes the Gentleman from Franklin, Representative Rea on Amendment 1. Is the Gentleman in the chamber?"
"Thank you, Madam Speaker. It's strictly a technical Amendment."
"The Gentleman moves the adoption of Amendment 1. On that, is there any 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. Further Amendments?"
"Floor Amendment #2 is being offered by 295 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 46th Legislative Day Representative Rea and Ryder."
"The Gentleman from Franklin on Amendment 2."
"Madam Speaker, I would like... Amendment 2 is the one we should be adopting. I would like to withdraw Amendment 1... or table Amendment 1 and adopt Amendment 2, which is a technical Amendment."
"The Gentleman moves to with... to table Amendment #1. All in favor say 'aye", opposed 'no". In the opinion of the Chair, the ayes' have it. Amendment I is tabled. The Gentleman moves the adoption of Amendment 2. All in favor say 'aye', opposed say 'nay. In the opinion of the Chair, the 'ayes' have it. Amendment 2 is adopted. Further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 2211, Representative Piel. Mr. Clerk, read the Bill."
"House Bill 221l, a Bill for an Act to amend the Consumer Installment Loan Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2219, Representative Churchill. Mr. Clerk, read the Bill."
"House Bill 2219, a Bill for an Act to amend the Boat Registration and Safety Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 being offered..."
"Representative Churchill on Amendment #1."
"Thank you, Madam Speaker. The Amendment that needs to be placed on this Bill is a substantive Amendment of some import, and I had promised the Committee that I would do that, SO at this time I would ask leave to take House 296 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Bill 2219 off the Consent Calendar and have it placed on a Special Order of Business."
"Leave... out of the record. House Bill 2236, Representative Peterson. Mr. Clerk, read the Bill."
"House Bill 2236, a Bill for an Act to amend the Illinois Natural Areas Preservation Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 2248, Representative Weaver. Mr. Clerk, read the Bill."
"House Bill 2248, a Bill for an Act to amend an Act creating the Board of Higher Education. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2249, Representative Dunn. Mr. Clerk, read the Bill."
"House Bill 2249, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2304, Representative Breslin. Mr. Clerk, read the Bill."
"House Bill 2304, a Bill for an Act to amend an Act concerning lifetime hunting and fishing licenses. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Breslin." 297 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987
"Representative Breslin. Representative Breslin? Is the Lady in the chamber? Take this Bill out of the record, Mr. Clerk. House Bill 2319, Representative McAuliffe."
"House Bill 2319, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Floor Amendments? Are there any Floor Amendments?"
"Floor Amendment #1 is being offered by Representatives McAuliffe, Van Duyne and Petka."
"Representative McAuliffe on Amendment 1. Representative Van Duyne on Amendment 1. Representative Van Duyne on Amendment 1? The Gentleman from Will. The Gentleman from Will on Amendment 1. Withdraw Amendment 1. Further Amendments?"
"Floor Amendment #2, offered by Representative Van Duyne and Petka."
"Withdraw Amendment #2. Further Amendments?"
"Amendment #3, offered by Representative McAuliffe."
"Amendment 3 is withdrawn. Further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 2323, Representative Black. For what reason does Mr. Parke, rise?"
"Thank you, Madam Speaker. It is 8:00 and according to our agenda we were going to end at 8:00. I would like to know how much further, if we don't end now, how much further are we planning on going?"
"Thank you, Representative. We... Right. We could have just done three Bills, Representative Parke. Hopefully we will finish the Bills on Second Reading so they can be considered and passed for passage tomorrow. We're going pretty quickly. If we can just keep this 298 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 rolling, we will be able to get out of here. Alright. Thank you. House Bill 2304, Representative Breslin. Mr. Clerk, read the Bill."
"House Bill 2304, a Bill for an Act to amend an Act concerning lifetime hunting and fishing licenses. Second Reading of the Bill. Second Reading of this Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Breslin."
"The Lady from LaSalle."
"Thank you, Madam Speaker, Ladies and Gentlemen. This Amendment is being offered at the suggestion of the Department of Conservation to a Bill that provides for lifetime hunting and fishing licenses. It clarifies that persons under the age of 16 may be issued a lifetime hunting license provided, however, that they shall not be entitled to hunt unless they have a certificate of competency as provided under this Section, as has always been the law. In addition to that..."
"The Lady has moved the adoption of Amendment #1. On that, is there any discussion? The Chair recognizes the... recognizes the Gentleman from Cook, Representative Leverenz."
"Will the Sponsor yield?"
"She indicates she will."
"How much would it be for a lifetime hunting license?"
"That is not a part of this Amendment, Sir."
"What does the Amendment then do to the underlying Bill?"
"What the Amendment does to the underlying Bill is clarify when a person who is 16, who holds a lifetime hunting license, can actually hunt. Under the present law, 299 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 as would be continued under this law, they have to have a certificate of competency..."
"Good idea."
"Is there further discussion? The Gentleman from DuPage, Representative McCracken."
"It's 8:00. Let's leave. You can read these in Perfunct. We can move them all tomorrow and have them on Third Reading. Let's go home."
"Representative McCracken. When you take the Majority and you get the Chair, then you can run this chamber, okay? Now we're going to proceed. House Bill 2323. Mr. Clerk, read the Bill."
"House Bill..."
"The Lady moves the adoption on House Bill 2304, moves the adoption of Floor Amendment #1. That's House Bill 2304, Mr. Clerk. Right. Moves the adoption of Amendment 1. All in favor say 'aye", opposed say 'no". In the opinion of the Chair, the 'ayes" have it. The Amendment is adopted. Further Amendments? Third Reading. House Bill 2323, Representative Black. Representative Hallock?"
"Yes, Madam Speaker. Respectfully, I'd like to say that this doesn't seem to be working too well. It appears what we have here is not so much a Consent Calendar, but a Special Order of Business on the Order of Consent, and it seems to me what we're doing here is not consenting, but just going through all the Amendments like we normally do. I would ask you to review this policy. It's not working too well."
"Thank you. Representative. 2323, Mr. Clerk, read the Bill."
"House Bill 2323, a Bill for an Act to... in relationship to school buses. Second Reading of the Bill. 300 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2326, Representative Olson. Mr. Clerk, read the Bill."
"House Bill 2326, a Bill for an Act to amend an Act in relationship to vital records. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2327, Representative Countryman."
"House Bill 2327, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Phelps."
"The Gentleman from Saline on Amendment 1."
"Thank you, Madam Speaker. Amendment I actually offers a limited access to linking designated areas for ATVs..."
"Representative Phelps, is this a technical Amendment?"
"No, it's not."
"Representative Countryman, will you take this Bill out of the record."
"Yes."
"Thank you. Out of the record. House Bill 2330, Representative Slater. Mr. Clerk, read the Bill. Mr. Clerk, read the Bill."
"House Bill 2330, a Bill for an Act to amend an Act relating to the custody and disposition of certain property possessed by law enforcement agencies. Second Reading of 301 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2 is being offered by Representative Slater."
"The Gentleman from McDonough."
"Thank you, Madam Speaker. Floor Amendment #2 is a technical Amendment. I move its adoption."
"The Gentleman moves the adoption of Amendment 2. All... is there any discussion? There being none, the question is, 'Shall Amendment 2 be adopted?' All in favor say 'aye', opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Amendment 2 is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2341, Representative Mays. Mr. Clerk, read the Bill."
"House Bill 2341, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2342, Representative Mays. Mr. Clerk, read the Bill."
"House Bill 2342, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2353, Representative McGann. Mr. Clerk, read the Bill."
"House Bill 2353, a Bill for an Act to amend an Act 302 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 to repeal the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative McAuliffe and Kirkland."
"Representative... I'm sorry, I didn't hear."
"McAuliffe and Kirkland."
"Representative Kirkland? Is this a technical Amendment? Out of the rec... the Gentleman withdraws the Amendment. Are there any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2354, Representative Preston. Mr. Clerk, read the Bill."
"House Bill 2354, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2379, Representative Wait. Mr. Clerk, read the Bill."
"House Bill 2379, a Bill for an Act to amend the Soil and Water Conservation Districts Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2380, Representative Ropp. Mr. Clerk, read the Bill."
"House Bill 2380, a Bill for an Act to amend the Illinois Pesticide Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Ropp." 303 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"The Gentleman from McLean."
"Withdraw, Madam Speaker."
"Amendment I is withdrawn. Further Amendments?"
"Floor Amendment #2 is being offered by Representative Ropp."
"The Gentleman from McLean."
"Withdraw."
"Withdraws Amendment 2. Further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 2428, Representative Goforth. What... Okay, we'll go back to that. House Bill 2414, Representative Kubik."
"House Bill 2414, a Bill for an Act to amend an Act in relationship to rehabilitation of disabled persons. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments? Are there any Floor Amendments?"
"Floor Amendment #2 is being offered by Representative Kubik and Bowman."
"Representative Kubik, is this a technical Amendment? The Gentleman withdraws Amendment 2. The Gentleman withdraws Amendment 2. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2428, Representative Goforth. Mr. Clerk, read the Bill."
"House Bill 2428, a Bill for an Act to amend the Illinois Purchasing Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none." 304 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"Third Reading. House Bill 2446, Representative Stange. Mr. Clerk, read the Bill."
"House Bill 2446, a Bill for an Act to create the Illinois Procurement Institute. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2454, Representative Olson. Mr. Clerk, read the Bill."
"House Bill 2454, a Bill for an Act to amend the Illinois Mortgage Insurance Fund Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2476, Representative Kubik. 2476, Representative Kubik. Mr. Clerk, read the Bill."
"House Bill 2476, a Bill for an Act to amend the Civil Administrative Code of Illinois. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"House Bill 2477, Representative Homer. Mr. Clerk, read the Bill. Third Reading on 2476. House Bill 2477. Mr. Clerk, read the Bill."
"House Bill 2477, a Bill for an Act to amend the Motor Vehicle Retail Installment Sales Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Homer."
"Representative Homer withdraws Amendment #1. Further Amendments?" 305 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"There are no further Amendments."
"Third Reading. House Bill 2530. Mr. Clerk, read the Bill."
"House Bill 2530, a Bill for an Act to amend an Act in relationship to the investment of public funds. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Flinn and Piel."
"Representative Flinn on Amendment 1."
"Withdraw."
"The Gentleman withdraws Amendment #1. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2537. Mr. Clerk, read the Bill."
"House Bill 2537, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2558, Representative DeJaegher."
"House Bill 2558, a Bill for an Act to amend the Illinois Private Activity Bond Allocation Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2574, Representative O'Connell. Mr. Clerk, read the Bill."
"House Bill 2574, a Bill for an Act to amend the Criminal Code. Second Reading of the Bill. No Committee Amendments." 306 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"Any... any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative O'Connell."
"The Gentleman from Cook on Amendment 1, Representative O'Connell."
"Yes, Madam Speaker, this is a technical Amendment. The language is the same. It was just in a different line on the Bill. And this..."
"The Gentleman moves the adoption of Amendment #1. On that, is there any discussion? There being none, the question is, 'Shall Amendment I be adopted?' All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. Amendment 1 is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2576, Representative O'Connell. Mr. Clerk, read the Bill."
"House Bill 2576, a Bill for an Act to amend the County Jail Good Behavior Allowance Act. Second Reading of the Bill. No Committee Amendments."
"House Bill... are there any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2576, Representative O'Connell."
"We just did that, 77."
"Sorry. 2577. Representative O'Connell. Mr. Clerk, read the Bill."
"House Bill 2577, a Bill for an Act to amend the Criminal Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative O'Connell." 307 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"The Gentleman from Cook on Amendment 1, Representative O'Connell."
"Thank you, Madam Speaker. If I may have a point of clarification. On 2574, I made reference to the language being the same, only being placed on a separate line. That explanation really applies to 2577. The Amendment that was placed on for 2574 addressed itself to adding language to a Bill which dealt with sexual assault by a person who was in a fiduciary relationship. The Amendment for 2574 added the language 'or purported fiduciary relationships. So that's the clarification and I hope it's still adoptable."
"The Gentleman moves for the adoption of Amendment 1 on House Bill 2577. On that, is there any discussion? There being none, the question is, 'Shall Amendment 1 be adopted?" All in favor say 'aye", opposed say 'no". In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 2590, Representative Daley. Mr. Clerk, read the Bill."
"House Bill 2590, a Bill for an Act to amend the Bill of Rights for Victims and Witnesses of Violent Crime Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2619, Representative Sieben. Mr. Clerk, read the Bill."
"House Bill 2619, a Bill for an Act to amend the Probate Acts. Second Reading of the Bill. Amendment #1 was adopted earlier, then tabled. Next Amendment is Floor Amendment #2, offered by Representative Sieben."
"Representative Sieben on Amendment 2. Is this a 308 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 technical Amendment? Sir?"
"Thank you, Madam Speaker. Yes, Amendment #2 is technical only in nature. It makes no substantive change."
"The Gentleman moves the adoption of Amendment #2. All in favor say 'aye', opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 2636, Representative Saltsman. Mr. Clerk, read the Bill."
"House Bill 2636, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Floor... any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2 is being offered by Representative Saltsman."
"The Gentleman from Peoria on Amendment 2."
"Withdraw that Amendment, please."
"Amendment #2 is withdrawn. Further Amendments?"
"Floor Amendment #3 is being offered by Representative Saltsman, Giglio and McPike."
"The Gentleman from Peoria on Amendment #3."
"Yes, Madam Speaker..."
"Is this a technical Amendment, Representative Saltsman?"
"Pardon?"
"Is this a technical Amendment?"
"Not too much."
"It's not a technical Amendment? The Bill will be taken out of the record. Thank you. We've got... 2643, Representative Williams. Mr. Clerk, read the Bill." 309 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"House Bill 2643, May 14, 1987 a Bill for an Act to amend the Illinois Human Rights Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1... Floor Amendment #1 is being offered by Representative McCracken."
"Representative McCracken on Amendment 1."
"Withdraw."
"Amendment I is withdrawn. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2645, Representative Stephens. Mr. Clerk, read the Bill."
"House Bill 2645, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Stephens."
"Mr.... Representative Stephens on Amendment 1. Is this a technical Amendment?"
"Thank you. Madam Speaker. Technical. Just changes a date."
"The Gentleman moves the adoption of Amendment 1. On that, is there any discussion? There being none, the question is, Shall Amendment I be adopted?" All in favor say 'aye", opposed say 'no". In the opinion of the Chair, the 'ayes' have it and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2699, Representative Countryman."
"House Bill 2699, a Bill for an Act to amend the Illinois Identification Card Act. Second Reading of the 310 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill... now, Representative McCracken, there are three Bills here under the name of Representative Cowlishaw. Are you prepared to handle those, or shall we just take them out of the record? Out of the record. Oh. Oh. Alright. 2717. Mr. Clerk, read the Bill."
"House Bill 2717, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2718, Representative Cowlishaw. Read the Bill, Mr. Clerk."
"House Bill 2718, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2727, Representative Peterson. Mr. Clerk, read the Bill."
"House Bill 2727, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2729, Representative Cowlishaw. Mr. Clerk, read the Bill."
"House Bill 2729, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments." 311 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"Any Floor Amendments?"
"There are none."
"Third Reading. May 14, 1987 House Bill 2758, Representative Homer. Mr. Clerk, read the Bill."
"House Bill 2758, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Homer."
"Representative Homer. Representative Homer on Amendment 1. Representative Homer on Amendment 1."
"Thank you, Madam Speaker. This..."
"Is this a technical Amendment, Representative Homer?"
"No, it's actually not a technical Amendment..."
"Then we'll take the Bill out of the record."
"... and therefore I would...
"Yes, Representative Homer."
"I would simply ask to withdraw the Amendment."
"The Gentleman withdraws Amendment #1. Further Amendments?"
"Floor Amendment #2, offered by Representative Hoffman."
"Representative Hoffman withdraws Amendment 2. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2789, Representative Weaver. Read the Bill, Mr. Clerk."
"House Bill 2789, a Bill for an Act to amend the Insurance Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?" 312 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day
"There are none."
"Third Reading. House Bill 2793, Representative Kirkland. Read the Bill, Mr. Clerk."
"House Bill 2793, a Bill for an Act to amend an Act in relation to the regulation of the administration of trusts by trust companies. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2807, Representative Peterson. Read the Bill, Mr. Clerk."
"House Bill 2807, a Bill for an Act to amend the Illinois Low-Level Radioactive Waste Management Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by William Peterson."
"The Gentleman from, where is he from, from Lake on Amendment 1. Representative Peterson? Representative Peterson on Amendment 1?"
"One minute."
"Representative Peterson, is this a technical Amendment?"
"Yes. Yes, Madam Speaker. It just changes... it deletes two parts of a sentence. It's a technical Amendment."
"The Gentleman moves the adoption of Amendment 1. On that, is there any discussion? There being none, the question is, 'Shall Amendment 1 be adopted?' All in favor say 'aye', opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2823, Representative 313 46th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987 Frederick. Mr. Clerk, read the Bill."
"House Bill 2823, a Bill for an Act to amend the Retailers' Occupation Tax Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. Thank you, Ladies and Gentlemen. Thank you for your cooperation. The Chair... We have three very quick ones to do and then we can leave or take the Adjournment Resolution. On page 4, House Bill 1504. Mr. Clerk, read the Bill."
"House Bill 1504, a Bill for an Act to amend the Illinois Vehicle Code."
"1584. 1584. 1584, Mr. Clerk, read the Bill."
"House Bill 1584, a Bill for an Act in relation to drilling operations. Second Reading of the Bill. No Committee Amendments."
"Any Motions filed? Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Rea."
"The Gentleman from Franklin, Representative Rea on Amendment 1. Representative Hicks. The Gentleman from Jefferson, Representative Hicks."
"Yes, Madam Speaker, I would move to table Floor Amendment #1."
"The Gentleman moves to table Amendment #1. On that, is there any discussion? The Gentleman from Franklin, Representative Rea."
"Thank you, Madam Speaker. In all respect for the great House Sponsor, this is a substantial Amendment and would make a bad Bill a good Bill. So, I would ask for a "no" 314 46th Legislative Day vote." STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 14, 1987
"The Gentleman has moved to table Amendment #1. All in favor say 'aye', opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is tabled. Further Amendments?"
"Floor Amendment #2, offered by Representative Hicks."
"The Gentleman from Jefferson, Representative Hicks on Amendment 2."
"Yes, Madam Speaker. Amendment #2 is strictly a technical Amendment and I ask for its adoption."
"The Gentleman has moved the adoption of Amendment #2. All in favor say 'aye.... On that, is there any discussion? There being none... oh, Representative Ewing. Representative Ewing. do you want to discuss this Amendment?"
"Where did you get the idea?"
"Is his light on? Representative Ewing, your light is on... is that right? Alright. The Gentleman moves the adoption of Amendment 2. All in favor say 'aye', opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Amendment 2 is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Okay, we're back to 1504, which is on the Order of Third Reading and needs to be returned to the Order of... the Gentleman requests leave to have House Bill 1504 returned to the Order of Second Reading. Representative Churchill. Leave is granted. The Bill will be heard on the Order..."
"Thank you, Madam Speaker."
"Mr. Clerk, read the Bill. Mr. Clerk, read the Bill." 315 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"House Bill 1504, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill."
"The Gentleman from Lake on... on House Bill 1504."
"Thank you, Madam Speaker. Apparently, a technical correction has now been technically made correct, so having voted on the prevailing side of the vote by which Amendment #2 to House Bill 1504 was withdrawn. I do now move to reconsider that vote and do further move to adopt Amendment #2."
"The Gentleman moves the adoption of Amendment #2 to House Bill 1504. On that, is there any discussion? There being none, the question is, 'Shall Amendment 2 be adopted?* All in favor say 'aye', opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. On page 7, the last one I'm told, House Bill 2380. Mr. Clerk, read the Bill."
"House Bill 2380, a Bill for an Act to amend the Illinois Pesticide Act. Second Reading of the Bill. This Bill has been moved to Third Reading."
"The Gentleman asks leave to have the Bill returned to the Order of Second Reading for purposes of an Amendment. Is leave granted? Leave is granted. Mr. Clerk, read the Bill."
"House Bill 2380, a Bill for an Act to amend the Illinois Pesticide Act. Amendments #1 and 2 were withdrawn."
"The Gentleman from McLean, Representative Ropp."
"Madam Speaker, I think we need to have leave to reconsider one or two Amendments."
"Which one? Which Amendment do you want to..." 316 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987
"It's been withdrawn, but we have to reconsider to allow... okay, move to adopt #1, because that's really..."
"The Gentleman moves the adoption of Amendment 1, which was previously withdrawn. All in favor say 'aye', opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"Floor Amendment #2."
"Representative Ropp."
"Amendment #2 just merely reinstates a position in the current law that was taken out of the law in this Bill and it allows to... a farmer to spray for two neighbors."
"The Gentleman moves 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 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Announcements. Representative Churchill?"
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I rise for an announcement. As many of you already know, one of our colleagues and very good friend, Chuck Pangle, has decided to abandon the Legislature in favor of one of those cushy jobs over in the Administration. One week from tonight, when we're here doing exactly what we're doing right now, he'll probably be at home sipping a long, tall, cool one. In order to honor our friend, we're having a little shindig tonight. In fact, I understand it's already started. It's at the home of Representative Panayotovich, who you may notice not here, so he's already started. He called me and said to let you know. And he is... his house is at 905 North 13th Street. Everybody is 317 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 invited to come on over to the party. There are a few extra maps which I will put on my desk right here in the event that you have lost yours. Thank you."
"Thank you very much, and the Chair recognizes Representative McPike ... Oh, Is Representative McPike... The Chair recognizes Representative Piel. Representative Piel."
"Thank you, Madam Speaker. If I could have the attention of everybody in the chamber for just one quick second. I just got some very good news, excuse me, in reference to Representative Tuerk. He is out of intensive care. He is in intermediate care. They said that they figure he will have a good meal tonight and they expect him to be walking around this evening. So I'm glad to hear that."
"Ladies and Gentlemen, it's my understanding that the Speaker has graciously allowed that we have an extra half hour in the morning, so we won't have to come in for an additional... we won't come in until a half hour later than the original planned time. But before we... 9:30. But before we get to that, we'll come in at 9:30. Before we get to that, however, we have... we have a very... we have a brief Death Resolution, which will be presented by Representative Levin. Death Resolutions, Mr. Clerk."
"House Resolution 403, in respect to the memory of Nancy Tripp, offered by Representative Levin and Cullerton."
"Representative Levin. The Gentleman..."
"Okay. Madam Speaker, Ladies and Gentlemen of the House. You know, Nancy Tripp was a... started out as a teacher in the school system in Niles, Illinois, and subsequently went to law school and became a lawyer and she was a very close friend who contracted a very virulent form of cancer and to watch somebody who is so vivacious and alive die in such a 318 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 short period of time has been a terrible tragedy to my family. I would just move the adoption of the Death Resolution."
"The Gentleman moves the adoption of the Death Resolution and asks that all Members of the House be added as Cosponsors. All in favor say aye opposed say "no". In the opinion of the Chair, the ayes' have it. The Death Resolution is adopted. Allowing Perfunctory time for the Clerk, this House will stand adjourned until the hour of 9:30 a.m. tomorrow morning. Representative McPike, move. Representative McPike so moves."
"House Bill 2807 was... number was misread on Second Reading. House Bill 2807 was an Act to amend the Illinois Low-Level Radiation Waste Management Act. Second Reading of the Bill. Message from the Senate by Ms. Hawker, Secretary. Mr. Speaker, I am directed to inform the House of Representatives the Senate concurred with the House in the passage of Bills of the following titles, to wit; House Bill #307, together with Senate Amendments #1, #2, #3, #4, #5, #6, #7, #8, #9, passed by the Senate, as amended. May 14, 1987. Linda Hawker, Secretary. Message from the Senate by Ms. Hawker, Secretary. Mr. Speaker, I am directed to inform the House of Representatives the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask concurrence of the House of Representatives, to wit; Senate Joint Resolution #52, adopted by the Senate May 14, 1987. Linda Hawker, Secretary. Message from the Senate by Ms. Hawker, Secretary. Mr. Speaker, I am directed to inform the House of Representatives the Senate has passed Bills of the following title and passage of which I am instructed to ask concurrence of the House of Representatives, to wit: Senate Bills 137, 140, 144, 146, 147, 152, 154, 155, 158, 159, 319 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 162, 165, 169, 179, 194, 218, 219, 222, 224, 225, 226, 230, 243, 247, 248, 251, 257, 259, 260, 262, 263, 264, 266, 280, 281, 295, 301, 308, 312, 353, 356 and 360 passed by the Senate May 14, 1987. Linda Hawker, Secretary." Senate Bills First Reading, Senate Bill 169, Steczo, a Bill for an Act to amend the School Code. First Reading of the Bill. Senate Bill 179, Parke, a Bill for an Act to amend the Election Code. First Reading of the Bill. Senate Bill 194, O'Connell, a Bill for an Act relating to admissibility of blood tests in evidence. First Reading of the Bill. Senate Bill 219, O'Connell, a Bill for an Act to amend the Code of Civil Procedure. First Reading of the Bill. Senate Bill 243, Terzich, a Bill for an Act in relation to regulation of the practice of medicine. First Reading of the Bill. Senate Bill 247, Hasara, a Bill for an Act to amend the Vital Records Act. First Reading of the Bill. Senate Bill 251, Klemm, et al, a Bill for an Act to provide First Reading for the Crystal Lake Civic Center Authority. of the Bill. Senate Bill 257, Davis, et al, a Bill for an Act to amend an Act to prohibit minors from buying or selling tobacco. First Reading of the Bill. Senate Bill 266, Mulcahey, a Bill for an Act to amend the Illinois Highway Code. First Reading of the Bill. Senate Bill 281, Currie, a Bill for an Act to amend the School Code. First Reading of the Bill. Senate Bill 360, Keane, a Bill for an Act to increase the price of publishing legal notices. First Reading of the Bill. Senate Bill 37, Brunsvold, a Bill for an Act in relation to recreation. First Reading of the Bill. Senate Bill 60, Berrios, a Bill for an Act to amend the Election Code. First Reading of the Bill. Senate Bill 76, DeLeo, a Bill for an Act relating to public utility taxes. First Reading of the Bill. Senate Bill 79, Bernard Pedersen, a Bill for an Act to amend the Revenue 320 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 46th Legislative Day May 14, 1987 Act. First Reading of the Bill. Senate Bill 91, Shaw, a Bill for an Act to amend the School Code. First Reading of the Bill. Senate Bill 95, Homer, a Bill for an Act to amend the Energy Assistance Act. First Reading of the Bill. Senate Bill 115, Homer, a Bill for an Act to amend the Criminal Code. First Reading of the Bill. Senate Bill 120, Daley, a Bill for an Act to amend the Election Code. First Reading of the Bill. Senate Bill 123, Homer, a Bill for an Act in relation to testimony of children in criminal proceedings. First Reading of the Bill. Senate Bill 124, Homer, a Bill for an Act to amend the Code of Criminal Procedure and the Unified Code of Corrections. First Reading of the Bill. ...Further business? The House now stands adjourned." 321 REPORT: TIFLDAY 13:32 STATE OF ILLINOIS 85TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 14, 1987 PAGE 1 04/01/88 HB-0003 SECOND READING PAGE 67 HB-0021 SECOND READING PAGE 43 HB-0093 SECOND READING PAGE 69 HB-0097 SECOND READING PAGE 71 HB-0099 SECOND READING PAGE 74 HB-0161 THIRD READING PAGE 177 HB-0255 RECALLED PAGE 211 HB-0255 THIRD READING PAGE 204 HB-0255 THIRD READING PAGE 211 HB-0255 OUT OF RECORD PAGE 210 HB-0261 THIRD READING PAGE 93 HB-0269 SECOND READING PAGE 264 HB-0326 THIRD READING PAGE 143 HB-0328 SECOND READING PAGE 264 HB-0375 THIRD READING PAGE 88 HB-0396 THIRD READING PAGE 144 HB-0401 THIRD READING PAGE 212 HB-0410 SECOND READING PAGE 264 HB-0477 MOTION PAGE 109 HB-0528 SECOND READING PAGE 63 HB-0541 SECOND READING PAGE 59 HB-0546 SECOND READING PAGE 74 HB-0547 SECOND READING PAGE 75 HB-0548 SECOND READING PAGE 75 HB-0577 THIRD READING PAGE 6 HB-0708 THIRD READING PAGE 90 HB-0708 OUT OF RECORD PAGE 92 HB-0744 SECOND READING PAGE 267 HB-0745 SECOND READING PAGE 34 HB-0748 THIRD READING PAGE 213 HB-0755 SECOND READING PAGE 267 HB-0787 SECOND READING PAGE 268 HB-0801 SECOND READING PAGE 269 HB-0820 SECOND READING PAGE 27 HB-0824 SECOND READING PAGE 269 HB-0854 THIRD READING PAGE 174 HB-0857 THIRD READING PAGE 149 HB-0858 THIRD READING PAGE 150 HB-0869 THIRD READING PAGE 154 HB-0873 THIRD READING PAGE 177 HB-0925 MOTION PAGE 114 HB-0930 SECOND READING PAGE 270 HB-0939 RECALLED PAGE 217 HB-0939 THIRD READING PAGE 221 HB-0948 SECOND READING PAGE 270 HB-0973 SECOND READING PAGE 75 HB-0981 RECALLED PAGE 178 HB-0981 THIRD READING PAGE 180 HB-1000 SECOND READING PAGE 43 HB-1032 SECOND READING PAGE 271 HB-1040 SECOND READING PAGE 64 HB-1092 SECOND READING PAGE 271 HB-1096 SECOND READING PAGE 60 HB-1116 SECOND READING PAGE 271 H8-1118 SECOND READING PAGE 272 HB-1120 SECOND READING PAGE 273 HB-1123 SECOND READING PAGE 275 HB-1133 SECOND READING PAGE 275 H3-1145 SECOND READING PAGE 65 HB-1164 SECOND READING PAGE 81 H3-1164 OUT OF RECORD PAGE 82 HB-1168 SECOND READING PAGE 34 HB-1173 THIRD READING PAGE 155 HB-1175 SECOND READING PAGE 34 REPORT: TIFLDAY 13:32 STATE OF ILLINOIS 85TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 14, 1987 PAGE 2 04/01/88 HB-1185 SECOND READING PAGE 276 HB-1188 SECOND READING PAGE 276 HB-1216 SECOND READING PAGE 276 HB-1219 THIRD READING PAGE 157 HB-1223 THIRD READING PAGE 222 HB-1229 SECOND READING PAGE 61 HB-1229 OUT OF RECORD PAGE 61 HB-1244 SECOND READING PAGE 277 HB-1256 SECOND READING PAGE 277 HB-1259 SECOND READING PAGE 277 HB-1265 SECOND READING PAGE 278 HB-1281 SECOND READING PAGE 27 HB-1281 SECOND READING PAGE 32 HB-1281 OUT OF RECORD PAGE 28 HB-1288 SECOND READING PAGE 278 HB-1291 RECALLED PAGE 230 HB-1291 THIRD READING PAGE 231 HB-1297 SECOND READING PAGE 278 HB-1307 THIRD READING PAGE 185 HB-1309 SECOND READING PAGE 67 HB-1341 SECOND READING PAGE 61 HB-1342 SECOND READING PAGE 279 HB-1344 SECOND READING PAGE 279 HB-1350 SECOND READING PAGE 65 HB-1358 SECOND READING PAGE 86 HB-1376 SECOND READING PAGE 279 HB-1411 THIRD READING PAGE 8 HB-1412 THIRD READING PAGE 13 HB-1419 SECOND READING PAGE 280 HB-1421 SECOND READING PAGE 280 HB-1424 SECOND READING PAGE 78 HB-1432 SECOND READING PAGE 44 HB-1462 SECOND READING PAGE 280 HB-1469 SECOND READING PAGE 80 HB-1471 SECOND READING PAGE 280 HB-1473 THIRD READING PAGE 258 HB-1500 SECOND READING PAGE 281 HB-1502 SECOND READING PAGE 65 HB-1502 OUT OF RECORD PAGE 66 HB-1504 SECOND READING PAGE 281 HB-1504 SECOND READING PAGE 316 HB-1512 THIRD READING PAGE 18 HB-1546 SECOND READING PAGE 80 HB-1548 SECOND READING PAGE 282 HB-1560 SECOND READING PAGE 282 HB-1563 SECOND READING PAGE 282 HB-1578 SECOND READING PAGE 283 HB-1581 SECOND READING PAGE 283 HB-1584 SECOND READING PAGE 314 HB-1584 SECOND READING PAGE 283 HB-1584 OUT OF RECORD PAGE 284 HB-1585 SECOND READING PAGE 82 HB-1602 SECOND READING PAGE 284 HB-1603 SECOND READING PAGE 284 HB-1616 SECOND READING PAGE 285 HB-1628 SECOND READING PAGE 285 HB-1629 THIRD READING PAGE 159 HB-1645 SECOND READING PAGE 285 HB-1652 SECOND READING PAGE 285 HB-1667 SECOND READING PAGE 285 HB-1680 SECOND READING PAGE 286 HB-1681 SECOND READING PAGE 286 HB-1683 SECOND READING PAGE 84 HB-1687 SECOND READING PAGE 86 REPORT: TIFLDAY 13:32 STATE OF ILLINOIS 85TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 14, 1987 PAGE 3 04/01/88 HB-1701 SECOND READING PAGE 286 HB-1730 THIRD READING PAGE 101 HB-1736 SECOND READING PAGE 286 HB-1753 SECOND READING PAGE 287 HB-1758 SECOND READING PAGE 287 HB-1760 SECOND READING PAGE 287 HB-1763 THIRD READING PAGE 185 HB-1767 SECOND READING PAGE 288 HB-1771 SECOND READING PAGE 288 HB-1802 SECOND READING PAGE 39 HB-1811 MOTION PAGE 5 HB-1815 THIRD READING PAGE 188 HB-1836 SECOND READING PAGE 288 HB-1853 SECOND READING PAGE 66 HB-1853 OUT OF RECORD PAGE 67 HB-1854 THIRD READING PAGE 166 HB-1856 THIRD READING PAGE 128 HB-1859 THIRD READING PAGE 130 HB-1866 SECOND READING PAGE 289 HB-1868 SECOND READING PAGE 80 HB-1882 SECOND READING PAGE 68 HB-1882 HELD ON SECOND PAGE 68 HB-1888 THIRD READING PAGE 243 HB-1901 SECOND READING PAGE 290 HB-1904 THIRD READING PAGE 167 HB-1917 SECOND READING PAGE 44 HB-1919 SECOND READING PAGE 28 HB-1922 SECOND READING PAGE 290 HB-1924 SECOND READING PAGE 290 H8-1933 THIRD READING PAGE 234 HB-1940 SECOND READING PAGE 290 H8-1953 SECOND READING PAGE 291 HB-1959 SECOND READING PAGE 291 HB-1966 THIRD READING PAGE 131 HB-1969 SECOND READING PAGE 80 HB-1998 SECOND READING PAGE 291 HB-2007 THIRD READING PAGE 235 HB-2011 SECOND READING PAGE 292 HB-2033 SECOND READING PAGE 292 HB-2046 SECOND READING PAGE 293 HB-2060 SECOND READING PAGE 293 HB-2062 SECOND READING PAGE 293 HB-2065 THIRD READING PAGE 190 HB-2100 SECOND READING PAGE 293 HB-2102 SECOND READING PAGE 68 HB-2146 SECOND READING PAGE 294 HB-2164 THIRD READING PAGE 173 HB-2180 SECOND READING PAGE 294 HB-2202 SECOND READING PAGE 295 HB-2208 SECOND READING PAGE 295 HB-2209 SECOND READING PAGE 295 HB-2211 SECOND READING PAGE 296 HB-2219 SECOND READING PAGE 296 HB-2219 OUT OF RECORD PAGE 297 HB-2236 SECOND READING PAGE 297 HB-2248 SECOND READING PAGE 297 HB-2249 SECOND READING PAGE 297 HB-2254 SECOND READING PAGE 69 HB-2304 SECOND READING PAGE 297 HB-2304 SECOND READING PAGE 299 HB-2304 OUT OF RECORD PAGE 298 HB-2319 SECOND READING PAGE 298 HB-2323 SECOND READING PAGE 300 HB-2326 SECOND READING PAGE 301 REPORT: TIFLDAY 13:32 STATE OF ILLINOIS 85TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 14, 1987 PAGE 4 04/01/88 HB-2327 SECOND READING PAGE 301 HB-2327 OUT OF RECORD PAGE 301 HB-2330 SECOND READING PAGE 301 HB-2341 SECOND READING PAGE 302 HB-2342 SECOND READING PAGE 302 HB-2353 SECOND READING PAGE 302 HB-2354 SECOND READING PAGE 303 HB-2379 SECOND READING PAGE 303 HB-2380 SECOND READING PAGE 303 HB-2380 SECOND READING PAGE 316 HB-2414 SECOND READING PAGE 304 HB-2428 SECOND READING PAGE 304 HB-2444 SECOND READING PAGE 84 HB-2445 SECOND READING PAGE 85 HB-2446 SECOND READING PAGE 305 HB-2453 SECOND READING PAGE 62 HB-2454 SECOND READING PAGE 305 HB-2476 SECOND READING PAGE 305 HB-2477 SECOND READING PAGE 305 HB-2492 THIRD READING PAGE 242 HB-2525 SECOND READING PAGE 86 HB-2525 SECOND READING PAGE 242 HB-2525 OUT OF RECORD PAGE 87 HB-2530 SECOND READING PAGE 306 HB-2537 SECOND READING PAGE 306 HB-2546 SECOND READING PAGE 88 HB-2558 SECOND READING PAGE 306 HB-2574 SECOND READING PAGE 306 HB-2576 SECOND READING PAGE 307 HB-2577 SECOND READING PAGE 307 HB-2590 SECOND READING PAGE 308 HB-2606 RECALLED PAGE 141 HB-2619 SECOND READING PAGE 308 HB-2636 SECOND READING PAGE 309 HB-2636 OUT OF RECORD PAGE 309 HB-2643 SECOND READING PAGE 310 HB-2645 SECOND READING PAGE 310 HB-2694 THIRD READING PAGE 246 HB-2698 SECOND READING PAGE 45 HB-2699 SECOND READING PAGE 310 HB-2717 SECOND READING PAGE 311 HB-2718 SECOND READING PAGE 311 HB-2727 SECOND READING PAGE 311 HB-2729 SECOND READING PAGE 311 HB-2740 THIRD READING PAGE 252 HB-2758 SECOND READING PAGE 312 HB-2774 SECOND READING PAGE 32 HB-2786 SECOND READING PAGE 57 HB-2789 SECOND READING PAGE 312 HB-2793 SECOND READING PAGE 313 HB-2807 SECOND READING PAGE 313 HB-2807 SECOND READING PAGE 319 HB-2810 SECOND READING PAGE 3 HB-2810 OUT OF RECORD PAGE 5 HB-2817 THIRD READING PAGE 21 HB-2823 SECOND READING PAGE 314 HB-2826 THIRD READING PAGE 191 HB-2840 THIRD READING PAGE 256 HB-2842 THIRD READING PAGE 25 HB-2842 OUT OF RECORD PAGE 26 HB-2866 THIRD READING PAGE 199 SB-0001 FIRST READING PAGE 26 SB-0003 FIRST READING PAGE 26 SB-0009 FIRST READING PAGE 26 REPORT: TIFLDAY 13:32 STATE OF ILLINOIS 85TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 14, 1987 PAGE 5 04/01/88 SB-0010 FIRST READING PAGE 27 SB-0031 FIRST READING PAGE 26 SB-0037 FIRST READING PAGE 320 SB-0060 FIRST READING PAGE 320 SB-0076 FIRST READING PAGE 320 SB-0076 FIRST READING PAGE 27 SB-0079 FIRST READING PAGE 320 SB-0091 FIRST READING PAGE 321 SB-0095 FIRST READING PAGE 321 SB-0095 FIRST READING PAGE 27 SB-0115 FIRST READING PAGE 321 SB-0120 FIRST READING PAGE 32 L SB-0123 FIRST READING PAGE 321 SB-0124 FIRST READING PAGE 321 SB-0169 FIRST READING PAGE 320 SB-0179 FIRST READING PAGE 320 SB-0194 FIRST READING PAGE 320 SB-0219 FIRST READING PAGE 320 SB-0243 FIRST READING PAGE 320 SB-0247 FIRST READING PAGE 320 S3-0251 FIRST READING PAGE 320 SB-0257 FIRST READING PAGE 320 SB-0266 FIRST READING PAGE 320 SB-0281 FIRST READING PAGE 320 SB-0360 FIRST READING PAGE 320 HR-0403 ADOPTED PAGE 319 HR-0403 RESOLUTION OFFERED PAGE 318 SJR-0045 ADOPTED PAGE 58 SJR-0045 RESOLUTION OFFERED PAGE 57 SUBJECT MATTER HOUSE TO ORDER REPRESENTATIVE GREIMAN PRAYER REVEREND DOCTOR ROGER ROMINGER PAGE 1 PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 1 AGREED RESOLUTIONS PAGE 2 GENERAL RESOLUTIONS PAGE 2 COMMITTEE ON ASSIGNMENT PAGE 2 MESSAGE FROM THE SENATE PAGE 26 DEATH RESOLUTIONS ADJOURNMENT MESSAGE FROM THE SENATE PERFUNCTORY PERFUNCTORY PAGE 318 PAGE 319 PAGE 319 PAGE 319 ADJOURNMENT PAGE 321