Illinois House Floor Debate — June 26, 1987

"The hour of 9:30 having arrived, the House will be in Session. Members will be at their chairs. Those not entitled to the floor will withdraw. The Chaplain for today will be Father Frank O'Hara, Pastor of St. Peter and Paul's Catholic Church of Springfield. Father O'Hara is a guest of Representative Michael Curran. The guests in the Gallery may wish to rise and join us in the invocation. Father O'Hara."

"In the name of the Father, and the Son, and the Holy Spirit. Oh God, by whose power alone men are enabled to live together as brethren. Look upon the broken body of humanity and grant that whereever people meet in counsel for the ordering of the world, Your Holy Spirit may bring them into unity and lead them in the way of peace. We ask this through Christ, our Lord. In the name of the Father, and the Son, and the Holy Spirit. Amen. Thank you."

"The Gentleman from Will, Mr. Regan, 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. Matijevich, are there excused absences on the Democratic side?"

"To my knowledge none. If there are I'll report later."

"Mr. McCracken, are there any on the Republican side?"

"Yes. May the record reflect the excused absences of Representatives Tuerk, Myron Olson and David Harris."

"Let the record so reflect. Mr. Clerk, take the Roll. 113 Members having answered to the Call of the 1  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE Quorum, a quorum is present. Representative Breslin in the Chair." June 26, 1987

"Agreed Resolutions."

"House Joint Resolution 107, offered by Representative Hensel. 108, Hensel. House Resolution 633, Stern. 639, DeJaegher. 640, DeJaegher. 641, DeJaegher. 642, DeJaegher. 644, Barnes. 645, Churchill. 646, Braun. 647, Novak. 648, Hultgren. 649, Hultgren."

"Representative Matijevich."

"Madam Speaker, we have examined the Resolutions. They are all agreed to. And I move the adoption of the Agreed Resolutions."

"The Gentleman has moved the adoption of the Agreed Resolutions. All those in favor say "aye, all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. Death Resolutions."

"House Resolution 643, offered by Representative Morrow, with respect to the memory of Zinoba Johnson Eaton."

"Representative Matijevich moves the adoption of the Death Resolutions. All those in favor say aye, all those opposed say 'no'. In the opinion of the Chair, the ayes have it. And the Death Resolutions are adopted."

"On page 2, Special Call, Special Order of Business, the subject matter is State Administration, Second Readings. And on that Order appears Senate Bill 47. Out of the record. On this Order appears Senate Bill 749. Mr. Leverenz. Is Mr. Leverenz in the Chamber? Out of the record. 999 and ... Out of the record. 1000 out of the record. 1129 on this Order of Business. Out of the record. And 1488. Out of the record. And now on State Administration, Third Reading. On this Order appears 2  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 Senate Bill 236. Mr. Capparelli. Mr. Clerk, read the Bill on Third Reading."

"Senate Bill 237, a Bill for an Act ..."

"Excuse me, 236, Mr. Clerk."

"Correction. Senate Bill 236, a Bill for an Act in relationship to pensions. Third Reading of the Bill."

"The Gentleman from Cook, Mr. Capparelli."

"Mr. Speaker, this is a vehicle for our pensions, if we should determine or find that we can't do something with the pensions, it would be put on this Bill for the firemen and policemen. I ask for adoption."

"The Gentleman moves for the adoption ... for the passage of Senate Bill 236. And on that is there discussion? There being none, the question is, Shall this Bill pass?" All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk? 'aye', Mr. Levin. Yes. Have all voted who wish? Mr. Clerk, take the record. On this question, there are 72 'ayes', 38 'no', 2 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Preston asks leave to allow the transcript to show that he would have voted 'aye' had he been present in the room. On the next ... On this Order appears Senate Bill 542. Mr. Clerk, read the Bill."

"Senate Bill 542, on page 3 of the Calendar, a Bill for an Act to amend the Hotel Operators Occupation Tax Act. Third Reading of the Bill."

"The Gentleman from Cook, Mr. Keane."

"Thank you, Mr. Speaker. Senate Bill 542 amends the Hotel Operators Occupation Tax Act to allow operators to retain 2.1% of receipts collected, or $25 per calendar year 3  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day whichever is greater. retention as reimbursement June 26, 1987 The operators would be allowed the for expenses incurred in collecting and remitting the Hotel Operators Occupation Tax. I'd ask for a favorable Roll Call."

"The Gentleman from Cook, Mr. Keane, moves for the passage of Senate Bill 542. 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. This is final action. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 76 ayes, 29 "nos', 3 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. And on this Order appears Senate Bill 742. Mr. Clerk, read the Bill. Out of the record. On this Order appears Senate Bill 943. Out of the record. On this Bill Order appears Senate Bill 1138. Out of the record. On this Order appears Senate Bill 1470. Out of the record. Returning again, we'll try State Administration, Second Reading. On this Order appears Senate Bill or Senate Bill 47. Mr. Clerk, read the Bill."

"On page 10 of the Calendar, on the Order of Second Reading, Senate Bill 47, a Bill for an Act to amend the General Obligation Bond Act. Second Reading of the Bill. There are no Committee Amendments."

"Are there any Floor Amendments?".

"Floor Amendment #1 is being offered by Representative McPike."

"The Gentleman from Cook... from Madison, Mr.

McPike. McPike: "Withdraw."

"Amendment #1 is withdrawn. Further Amendments?" 4  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

June 26, 1987 "Floor Amendment #2, being offered by Representative McPike."

"The Gentleman from Madison, Mr. McPike on Amendment #2."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I hope the... I hope this has been cleared with the other side, at least I asked my staff to take it. And I hope it's an Agreed Amendment. It is the GO Bond Bill for the year. The Amendment reflects the GO Bond increases as needed to finance COB's Fy '88 new capitol projects request contained in House Bill 799 by Jeff Mays. It increases the GO Bonds by a total of $167,800,000. There is nothing in here for DOT, as DOT has informed us that without a tax increase, they need no new bond authorization at this time. I move for the adoption of the Amendment."

"The Gentleman from Madison, Majority Leader McPike moves the passage of ... for the adoption of Amendment #2 to Senate Bill 47. And on that, the Gentleman from DuPage, Mr. McCracken."

"Thank you, Mr. Sponsor, or Mr. Speaker. Will the Sponsor yield?"

"He indicates he will."

"Who did you talk to over on this side, Jim? I'm looking around here and no one's familiar with this."

"I didn't talk to anyone. I asked the staff to run this by your staff. Actually, this was the Amendment that we started to offer on one of the vehicle Bills about four weeks ago, and as far as I know it should be agreed to. But I did not talk to anyone."

"Let me ask you this then. You have an Amendment on another Bill purporting to issue $70 million dollars in GO Bonds for the water. Is that Amendment going to be offered? Is that consistent with this Amendment?" 5  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day McPike: June 26, 1987 Then that "Well, that would be voted on separately. isn't ... That is in addition to this. And as you know, that relates to ... I believe that's on DeMuzio's Bill that requires ... That sets up a loan program and requires the locals to pay back the money for that."

"Right."

"So that would not relate to this."

"No, I understand, but when we discussed this last time, either the Water Bonds were a budget buster, or this amount of increase was a budget buster, depending on your point of view. My question is, that with this increase authorization, is it consistent with that Amendment? That's your Amendment."

"I don't follow the question. As I recall, when you offered $70 million dollars in bonding, it was not to be paid back by the locals. If it's going to be paid back by the locals, I presume that's an additional revenue source. Now, if you agree that that's how it should be done, then I guess it's not a budget buster because DeMuzio's Bill says it's going to be paid back by units of local government."

"That's right."

"If you issue GO Bonds and simply say that the State's going to pay them off with GRF, then I would tend to say that you're going to have to provide a revenue source for that."

"Alright. Well, let me ask you this. Can we take this out of the record for just a minute? We can come over and discuss it with you."

"Should be glad to."

"Okay. Thank you."

"Alright. Then this will be out of the record. Next on this Order of Business with ... appears 1486. Ms. 6  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day Wojcik. is you're a June 26, 1987 hyphenated Co-sponsor of this? Alright. Mr. Clerk, read the Bill on Second Reading. 1470. No, I'm sorry. 1488."

"Senate Bill 1488, a Bill for an Act to amend an Act in relationship to State Finance. Second Reading of the Bill. There are no Committee Amendments."

"Are there any Floor Amendments?"

"There are none."

"Ms. Wojcik is a hyphenated Co-sponsor. Third Reading. Mr. Clerk, read the Bill on Third Reading."

"Senate Bill 1488, a Bill for an Act to amend an Act in relationship to State Finance. Third Reading of the Bill."

"The Lady from Cook, Ms. Wojcik."

"Yes, Mr. Speaker and Members of the House. Senate Bill 1488 amends the State Finance Act, creates DCFS Children Services Fund for the receipt of Federal Title 4E Foster Care and Adoption Services monies. There is no stated effective date, and what this Senate Bill 1488 provides that all receipts from Title 4E Funding, excluding receipts related to the Title 4E Foster Care and Adopt and Training Program, are to be deposited in the DCFS Fund. I move its favorable passage."

"The Lady from Cook moves for the passage of Senate Bill 1488. And on that, the Gentlemen from Cook, Mr. Cullerton."

"Yes. If I could ask the Sponsor..."

"She'll yield for questions. Proceed."

"Representative, we have a recommendation by one of our technical review attorneys for an Amendment. I wondered if you could just take this out of the record, we'd come right over right now and explain to you what we think the problem is." 7  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987

"Fine."

"Alright. Out of the record. Now, the next Bill is on the Order of Third Reading where we left off, Senate Bill 943, on this Order. Read the Bill."

"On the Order of Third Reading, page 6, Senate Bill 943, a Bill for an Act to amend the Private Detective and Private Security Act. Third Reading of the Bill."

"The Gentleman from Madison, Mr. McPike."

"Thank you, Mr. Speaker. This is now a vehicle Bill. I believe it's been stripped. I expect the Senate to nonconcur, and I would eventually hope to get it into Conference Committee. I ask for the passage of the Bill."

"The Gentleman moves for the passage of Senate Bill 943. And on that, is there any discussion? There being none, the question is, 'Shall this Bill pass?' All in favor signify by voting 'aye', this ... those ... Those in favor vote 'aye', those opposed 'no'. 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 104 voting 'aye', none ... 1 voting 'no', 5 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 1138. Ms. Wojcik, did you wish to proceed on 1138? Ms. Wojcik? Out of the record. On the Order of Special Call, Economic Development, Second Reading appears Senate Bill 226. Mr. Clerk, read the Bill."

"Senate Bill 226, on the Order of Second Reading, page 9, a Bill for an Act to amend the Revenue Act. It's been read a second time previously."

"Alright. Ladies and Gentlemen, we are going to stand at ease for about 5 minutes or so, so that certain technical problems with... mechanical problems with 8  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 respect to the system can be repaired and restored. So, just stand at ease for about 5 minutes. Mr. Clerk, you had read 226 on the Order of Second Reading. Were there any Committee Amendments? Any Motions with respect to that?"

"Senate Bill 226, Amendment #1 and #2 were adopted previously. There are no Motions. Floor Amendment #3 is being offered by Representative Bernard Pedersen."

"The Gentleman from Cook, Mr. Pedersen."

"Withdraw."

"Withdraw it. Further Amendments?"

"Floor Amendment #4, offered by Bernard Pedersen."

"Representative Pedersen."

"I would like to withdraw Amendment #4."

"Withdrawn. Further Amendments?"

"Floor Amendment #5, offered by Bernard Pedersen."

"Mr. Pedersen on Amendment #5."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #5 provides that the Department of Conservation Forestry Management Plans, which would include land totaling 15 acres or less in Cook County, which were in effect on December 31, 1985, shall be eligible for the property tax break granted to Forestry Management Plans located outside of Cook County. The 15 acre cap will grandfather in three land owners who had established approved plans and made substantial improvements on the basis of the law at the time, only to have the law changed in 1985. In discussing this legislation, Chairman Keane made the suggestion that we add some kind of an acreage cap, in order to avoid exploitation of the Forestry Management Plan, by so-called fat cats. This wording was approved by Cook County Assessors Office, and in effect, eliminates the fat cats. So, I ask for a 'yes' vote."

"The Gentleman from Cook, Mr. Pedersen moves for 9  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 the adoption of Amendment #5 to Senate Bill 226. There being no discussion, the question is, 'Shall the Amendment be adopted?" Those in favor 'aye', opposed 'no". In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Are there further Amendments?"

"Floor Amendment #6, offered by Representative Flinn."

"Mr. Flinn."

"Withdraw #6 and #7."

"Amendments #6 and #7 withdrawn. Further Amendments?"

"Floor Amendment #8, offered by Representative Flinn."

"The Gentleman from St. Clair, Mr. Flinn."

"Thank you, Mr. Speaker. Mr. Speaker and Ladies and Gentlemen of the House, Amendment #8 does the following: First, the current law requires the taxing districts publish notice and conduct public hearings if the proposed tax levy exceeds the amount extended upon the preceding year levy, or estimated levy of more than 105%. What this Amendment does, it adds that the preceding year extensions shall also include any taxes abated by the corporate authorities prior to such extension. The effect of this proposal takes cognizance of the fact that the levies are generally inflated because they are based upon estimated EAV and must be abated when the two EAV are available. And I would move the adoption of the Amendment."

"The Gentleman from St. Clair, Mr. Flinn moves for the adoption of Amendment #8 to Senate Bill 226. And on that, is there any discussion? There being none, the question is, 'Shall the Amendment be adopted?' Those in favor 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further 10  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Amendments?"

"Floor Amendment #9, offered by Representative Flinn."

"The Gentleman from St. Clair, Mr. Flinn, on #9."

"Thank you, Mr. Speaker. This Amendment affects counties of less than 275,000 population. And on request of the County Assessor, or the Supervisor of Assessment or the Township or Multi-Township Assessor requires the Department of Revenue to assess property of sanitary landfills. This is ... This mandate would be repealed September 1989. Currently, the Department of Revenue already assesses railroad property and pollution control facilities of utilities. So this is an extension of that same subject matter. I move for the adoption of the Amendment."

"The Gentleman moves for the adoption of Amendment #9 to Senate Bill 226. And on that the ... is there any discussion? The Lady from Lake, Ms. Frederick."

"Yes, Mr. Speaker, Ladies and Gentlemen of the House. I rise in opposition to this Amendment. It seems to me that this kind of decision does not belong in the Department of Revenue. Department of Revenue now provides advice and technical assistance to counties if they need it, but I would suggest that we oppose this Amendment."

"The Gentleman from Cook, Mr. Keane."

"Thank you, Mr. Speaker. I rise in support of this Amendment. We have asked the Department of Revenue to assist those areas that have problems assessing landfills and we've put a repealer on it of September of 1989. It's just a situation to bring those areas of the State that need assistance ... technical assistance from the Department up to snuff so that from that point on, they can take care of it themselves. And I'd urge support of the 11  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day Amendment." June 26, 1987

"The Gentleman from Lake, Mr. Churchill."

"Thank you, Mr. Speaker. Will the Gentleman yield?"

"He indicates he will."

"Representative, do we provide such assessment assistance to other people for other areas?"

"Mr. Flinn?"

"Yes, right now the Department of Revenue, as I mentioned, already assesses railroad property and pollution control facilities of utilities. And as I stated also, this is also a one shot deal. What it is, is to gut very valuable property which is being used for landfills off of the regular farm assessment. It's very difficult to get this done, SO we're really asking for assistance from the Department of Revenue for what would amount to a one shot deal, come 1989, it's all over with, they're out of the business and everybody's on their own again. It's in order to expedite the assessment of landfills is what it amounts to. It's not putting the Department of Revenue in the business of doing this all the time."

"Mr. Churchill."

"Are you aware of any similar circumstances where the Department of Revenue has gone out and made a special assessment procedure in the past?"

"Well I'm not aware, but there may have been. I've already mentioned the fact that railroads and pollution control is ... but beyond that, are you asking beyond that?"

"Right. Have they gone out and done special assessment procedures for nuclear plants or for large buildings in the City of Chicago, or for ..."

"Not to my knowledge. I'm not asking that either. I'm only asking that they treat landfills the same as pollution 12  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 control facilities of utilities and treat them the same as they do railroads, with the exception of one time. This will amount to a one-time assessment because we have a sunset on this proposal."

"In the past few years we have created a department, or a part of a department, to do special assessment procedures, and I believe if I'm not mistaken, that Representative Wolf and I had passed some money appropriation for money to this department to make special assessment procedures. Can you not go through a separate department to do this already?"

"I think that only affected appeals."

"I'm sorry, I didn't hear you."

"I think that what you're talking about only affected appeals. We're talking about an out and out assessment one time assessment. This ... You were talking about appeals, I believe."

"Alright, thank you. To the Amendment, I rise in opposition to the Amendment also. I don't think it's time for us to set up a special procedure to do this for one piece of land, a sanitary landfill. This is only for one piece of land. I think it sets up a terrible precedent. What we try to do is create a general assessment division so that the assessments of larger and awkward and unusual pieces of land can be done on a basis that the department does it on a continuing basis, rather than doing it on an item by item basis. And I think that this is the wrong way to go at this time. I rise in opposition."

"The Gentleman from St. Clair, Mr. Flinn to close."

"Well, I think it's pretty well explained, Mr. Speaker. I think everyone understands the Amendment, and I move for its adoption." 13  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"The question is, 'Shall the Amendment be adopted?" All in favor signify by saying 'aye', those opposed 'no'. In the opinion of the Chair, the 'ayes' ... All in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 65 voting 'aye', 44 voting 'no', none voting 'present'. Mr. Mulcahey votes 'aye'. 66 'aye', 44 'no'. And the Amendment carries. Further Amendments?"

"Floor Amendment #10, offered by Representative Hicks."

"The Gentleman from Jefferson, Mr. Hicks on Amendment #10. Mr. Keane?"

"I would ask ... Thank you, Mr. Speaker. I would ask to withdraw Amendment #10."

"Well, it's Mr. Hicks..."

"Table it. Move to table Amendment #10."

"Moves to table Amendment #10. Those in favor of the Motion to table signify by saying 'aye', those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is tabled. Further Amendments?"

"There are no further Amendments."

"Third Reading. Read the Bill on Third Reading, Mr. Clerk."

"Senate Bill 226, a Bill for an Act to amend the Revenue Act. Third Reading of the Bill."

"The Gentleman from Cook, Mr. Keane."

"Thank you, Mr. Speaker. Senate Bill 226 as amended, has a number of parts. The Bill mandates that the Department of Revenue must provide technical assistance to the County Assessors or Supervisors of Assessment upon their request with regards to proceedings before a Cook County Board of 14  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Appeals. The equalized assessed valuation of the property must be over $500,000 and not used solely for residential purposes. House Amendment #1 reduced it to $350,000 of a trigger. House Amendment #2 added the Bill ... adds to the Bill a revision of the Revenue Act to increase the Disabled Veterans Homestead Exemption from $30,000 to $47,500 in assessed valuation. Amendment #5, which we just adopted, requires ... deals with the special conservation program for timber in Cook County. And Amendment #8, which we just adopted, amends the truth in taxation portion. And then the final Amendment which we just adopted was the technical assistance to be rendered by the Department of Revenue for landfills with a repealer on it of September of '89. I'd be happy to answer any questions, and ask for a favorable Roll Call."

"The Gentleman moves for the passage of Senate Bill 226. And on that, the Gentleman from Harren, Mr. Hultgren. The Gentleman from Cook, Mr. Pedersen."

"Thank you, Mr. Speaker. Would you ... On Amendment #9 I inadvertently vote 'no'. Will you show the record that I would like to have voted 'yes' on that, please."

"Transcript will indicate that Amendment #9, the Gentleman would have voted 'aye'. 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? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 109 voting 'aye', none voting 'no' and none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears Senate ... On this Order appears House Joint Resolution Constitutional Amendment #13. Mr. Clerk, on the Order of 15  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 Second Reading, read it."

"On page 13 of the Calendar, House Joint Resolution Constitutional Amendment 13 which amends the tax sale section of the Revenue article. It's been read a second time as amended."

"Are there any Amendments?"

"Floor Amendment #2 is offered by Representative Greiman."

"The Gentleman from Lake, Mr. Matijevich. Mr. Matijevich. Yes, Mr. McCracken, for what purpose do you seek recognition?"

"We don't have the Amendment. I wonder if we could take it out of the record for a few moments?"

"Sure."

"Thank you."

"Alright, while we're doing that, we'll return to the Order of Senate (sic State) Administration, Third Reading. On that Order appears Senate Bill 742. Mr. Clerk, read the Bill. 742, Mr. Clerk."

"Senate Bill 742, a Bill for an Act to amend certain Acts in relationship to certain actions for Public Aid fraud. Third, Reading of the Bill."

"The Gentleman from St. Clair, Mr. Stephens on Amendment ... on Senate Bill 742."

"Leave to bring this Bill back to Second Reading for the purposes of an Amendment."

"The Gentleman asks leave of the House to return this Bill to the Order of Second Reading so the Bill may be amended. The leave is granted. Mr. Clerk, are there Amendments?"

"Floor Amendment #3 is being offered by Representatives Stephens and Berrios."

"The Gentleman from St. Clair, Mr. Stephens on 16  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day Amendment #2 ... 03." June 26, 1987

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #3 to Senate Bill 742 amends the Public Aid Code and Administrative Code to establish a special fund for the receipt and disbursement of federal funds to the Illinois ... to Illinois code available under State Legislative Assistance Grant Program. I would move for its adoption."

"The Gentleman from Cook, Mr. Cullerton."

"Okay, thank you, Mr. Speaker. First of all, I wanted to make sure that Floor Amendment #3 would be out of order if #2 was adopted. So #2 was not adopted. Is that correct? Okay, and then I understand that there will be a subsequent Amendment #4 that will also be adopted to supplement Floor Amendment #3. So I have no objection to the Amendment."

"The question is, 'Shall the Amendment be adopted?' Those in favor 'aye', opposed 'no'. In the opinion of the Chair the 'ayes' have it. Are there further Amendments?"

"Floor Amendment #4 is being offered by Representative Currie."

"The Lady from Cook, Ms. Currie."

"Thank you, Mr. Speaker, Members of the House. This is a corrective Amendment, a technical change in the disposition of the monies in the Immigration Reform and Control Fund. I move its adoption."

"The Lady from Cook, Ms. Currie moves for the adoption of Amendment #4 to Senate Bill 742. Is there any discussion? There being none, the question is, 'Shall the Amendment be adopted?' Those in favor 'aye', opposed 'no'. In the opinion of the Chair the 'ayes' have it. The Amendment is adopted. Are there further Amendments?" 17  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"There are no further Amendments."

"Third Reading. June 26, 1987 The Gentleman from St. Clair asks leave of the House so that this Bill may be heard at this time. Does the Gentleman have leave? Leave is hereby granted. Mr. Clerk, read the Bill on Third Reading."

"Senate Bill 742, a Bill for an Act to amend certain Acts in relationship to certain actions for Public Aid fraud. Third Reading of the Bill."

"The Gentleman from St. Clair, Mr. Stephens."

"Thank you, Mr. Speaker. Senate Bill 742, as amended, would provide for preliminary determinations that there is probable cause that the property of a person charged with Public Aid recipient fraud, or vendor fraud, is subject to forfeiture. And also for the granting of injunctive relief prohibiting disposition of such property pending final disposition of the fraud proceedings. It also provides for payment of a portion of the proceeds from the ... from disposition of forfeited property to the Medical Fraud and Abuse Prevention Fund. It creates that Fund and revises the schedule for disposition of the proceeds of forfeitures. It has an immediate effective date also, with the Amendments that we added here today, Amendment 3 and 4. It deals with the Immigration Authority. As a result of action taken by the United States Congress and signed by the President in 1986, the Bill now includes a four year reimbursement to the State of Illinois for costs to the State of Illinois and local governments incurred, because of the implementation of the Immigration Reform and Control Act of 1986. I would be glad to answer any questions. And I would urge and move for the passage of Senate Bill 742."

"The Gentleman moves for the passage of Senate Bill 742. And on that, the Gentleman from Cook, Mr. Cullerton." 18  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"Yes, Mr. Speaker, is the Board accurate? Are we on Floor Amendment #4 or ..."

"No, we're on the Order of Third Reading."

"Fine. And the Board then has been corrected. Representative Stephens, I have a question for you. Now the original Bill, the purpose of the original Bill is to allow for a new procedure in prosecuting Public Aid fraud, is that correct?"

"Yes, Sir."

"Now, as I understand it, there could be a probable cause hearing, which is a hearing that's heard, of course, without a jury to determine whether a defendant committed the offense. So this is ..."

"No. No, not the offense. It's if the court and jurisdiction in its mind believes that there is a probable cause that then they can have a hearing to determine what... in the language of the Amendment is to determine what properties may have... that the person charged may have benefited by his abuse of the system."

"Let me ask you this. On page 3 of the Bill, on line 28..."

"I'm sorry, would you repeat that?"

"Page 3 of the Bill, on line 28, that whole section there. Any action brought by the people of the State of Illinois. So this is where someone is charged with an offense, in which any restraining order, injunction or prohibition in connection with property subject to forfeiture is sought. So if someone is charged with an offense of Public Aid fraud, and the State wishes to seek an injunction, the Circuit Court presiding over the trial of the person charged with this offense shall first determine whether there's probable cause to believe that a person so charged has committed the offense." 19  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"I'm sorry. Yes, that's true." June 26, 1987

"Okay. So at that point in time, where the Judge then could take some action to determine ... And this is what my question is. What kind of action can that Judge take?"

"Well ... the purpose of the Hearing is to determine whether the property or interest is subject to forfeiture under this subsection. To make that determination as we any read on in the Amendment, prior to entering such ... such order, the court shall conduct a hearing at which the people shall establish several things. First of all, that there is probable cause that the person so charged has committed the offense of recipient fraud and ..."

"Right. Okay, I understand."

"Okay and on to 02, that probable cause that the property that they ... or interest may be subject to forfeiture pursuant to this subsection."

"Alright, and then after they're convicted then the property can be seized and distributed to the fund."

"That's right. What the problem is, Representative Cullerton, and I think you're aware of this, is that when ... as the Statute now reads, when we ... these cases are tried, they are able to dispose of these assets and properties and interest in properties when they are pretty well certain that they're going to be convicted and then we have a tough time going back in and we can't get them to forfeit their rights."

"Yes. So, Mr. Speaker, I rise in support of this Bill. This Bill is basically aimed at vendor fraud. The recipient fraud ... most of the recipients don't have enough money to be forfeited. This Bill is aimed at vendor fraud. This Bill is aimed at the doctors and the dentists who provide services to welfare recipients and do it fraudulently. They double bill ... it could be opticians, 20  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 not opticians, optometrists. They provide services, they double bill and the State finds out about it. This is an excellent Bill because not only would they be charged with a criminal offense, but the State can go in and freeze the assets. In many cases, these vendors who are committing these frauds, are very wealthy people, doctors, dentists, people who have made a lot of money off the State illegally. They can go in now and freeze their assets and then after their conviction, they will have that property seized and would go into a fund. One of the funds that it goes to is a Medical Fraud and Abuse Prevention Fund. So, I think it's ... that part of the Bill is an excellent Bill. It also covers recipient fraud, but I doubt that the State would spend much time going after, you know, the Public Aid recipients, unless they really abuse the process such that they had a whole bunch of assets that were subject to seizure. So, I think it's an excellent concept that Representative Stephens has and I would urge an 'aye vote."

"The Gentleman from Macon, Mr. Dunn."

"Will the Sponsor yield for a question?"

"He indicates he will."

"Page four of the Act says that the court may seize any such property or interest subject to forfeiture under this Act as is necessary to insure that the property is not removed and so on. I don't see anything in the Bill which further defines exactly what property is subject to seizure, that may be defined elsewhere, but would you please explain? Supposing in the example just cited by the previous speaker about double billing, what can the department seize upon a finding of probable cause? Seize all the assets of the Medical Clinic? Attach the property, or just certain parts of the property? What limits and 21  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 restraints are there upon the Department of Public Aid?"

"Mr. Stephens."

"Well, I think that the Amendment does not address that. I believe that's in the original language that was passed in the original Bill in the last Session. And just give me a second here, the Amendment does say that if it's established that any property or interest may be subject to forfeiture pursuant to this subsection. Let me see if the original Bill had that in it. I believe that it did, John, but hold on just a second."

"Mr. Dunn, have you concluded your... no, alright proceed, Sir."

"No, I don't have... I'm waiting for an answer."

"Well, John, I guess your question is, what can they take? And I suppose that whatever that the guilty party has an interest in, in an amount ... in an amount high enough to cover the ... all that was taken and to make restitution to the State."

"Well, that's part of my question. If there is a probable cause finding that there has been double billing to the tune of $100, is Public Aid limited in its seizure procedure to grabbing $100 worth of property, or can they attach the entire Medical Clinic?"

"Well, the purpose is to get restitution. I doubt if it was $100 that they would, you know, they would want a $100 in cash back."

"Well but the point is, what limits are there? Are there any?"

"I think there is, if I'm reading in the original Bill, on page 2 of the Amendment. The original language starting at line 17, I believe that this answers your question, limiting it to an amount not to exceed 3 times the amount of such excess benefits or payments and also the sum of 22  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 $2,000 for each excessive claim for benefits or payments. Upon entry of such judgement for repayment of any excess benefits or payments, or for any civil penalties assessed by the Court."

"Where are you ... Where are you reading from? The original Bill?"

"That's ... No, it's current law. It's page 2 of the Amendment."

"What Amendment?"

"Excuse me, Amendment ... I think ... No, I'm sorry. Page 2 of the engrossed Bill. That's the original Bill. Senate Bill 742. We're talking about Section 8(a)-7 Civil Remedies, page 2, line 17 and on."

"So the ..."

"That's current law, John."

"The seizure then is limited to assets which do not exceed three times the value of the ... of the amount of the fraud. Is that correct?"

"That's part of it, yes. And again, John, and it goes on to say the sum of $2,000 for each excessive claim for benefits or payments. And again, I want to point out that our Amendment does nothing to change that current law. That is the law today, and what our Amendment does is to allow for this preliminary hearing ... preliminary judgement of what your assets are."

"Well but I... This looks to me like it says that any person convicted shall be liable for repayment, so on and so forth. But the... page 4 of the original Bill says that the seizure can be any such property or interest subject to forfeiture under this Act. And that doesn't seem to be a forfeiture provision to me. And I don't know where the forfeiture provision is. And the concern I have is that always the dilemma to get after the people who are 23  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 bad actors, but not every finding of probable cause results in a guilty verdict. And for the few who are out there trying to provide medical services to the poor, who find themselves in the awkward position of having been charged with a crime and are later found to be not guilty, they might as well be guilty if all the assets are seized and they can't do business. So I would like to know what restraints there are, and I haven't really heard an answer to that question yet."

"Okay. Well, okay, there are restraints. And there is some discretion for the court if the ... Let's see what Section ...""

"It may be in another Act. I don't know or another Section to the Chapter. But I don't have the Statute books ...""

"Well, let's see, in Section D of or Subsection D of Section 8A-7: any person who commits the offense of vendor fraud or recipient fraud as defined in Section 8A-2 and Section 8A-3 of this Article ...""

"Well, the Bill I have, all of page 7 is crossed off. What are you reading from?"

"Page 2 of that Bill."

"Page 2 of what?"

"Page 2 of that same engrossed Bill that you have, I believe."

"Alright, page 2, line what?"

"Lines 29 on. Gentlemen, what our Amendment says, is that the court shall have at its discretion, if it has this preliminary hearing, it has at its discretion the right to release any funds that the ...""

"Alright. Okay, I see what you're doing. Well then ... Okay, I see what you're saying. Not to prolong this any longer. To the Bill, Mr. Speaker and Ladies and Gentlemen of the House, the forfeiture provisions of this article 24  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 include monies, profits or proceeds which makes a lot of sense. Monies, profits or proceeds obtained from the fraud, but the forfeiture provisions also include any interest or property which the sentencing court determines he has acquired or maintained directly or indirectly, in whole or in part, as a result of such offense. So, without any dollar limitation, if a disgruntled recipient somehow engenders the filing of a fraud claim and there's an unfortunate set of circumstances resulting in a finding of probable cause, the court can seize all the assets of what may be a well-meaning, well-intended clinic, which would ultimately be proven innocent of all charges, yet which would be destroyed wholely, totally and altogether at the threshold because of the seizure of all the assets. Bureaucracy generally needs to be restrained to prevent ..."

"Bring your remarks to a close, please, Sir."

"Prevent from doing this, and I think this Bill has some refining which needs yet to be done. And I would urge a 'present vote on this Bill."

"The Gentleman from Cook, Mr. Williams."

"Will the Sponsor yield for a question?"

"He indicates he will."

"First of all, this Bill, it is not limited to vendor fraud. Am I correct?"

"That's correct. It is for vendor or recipient fraud. We think, though, and I think that evidence to date is, that the fraud that's happening in the State of Illinois and all medicaid fraud, is predominantly vendor fraud."

"But it is not limited to vendor fraud."

"It is not limited. That's right. If a recipient is ripping off the system, yes, then they would be subject to this ... they are subject to the Act now, and this 25  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Amendment would be just as legitimate for recipients as for vendors."

"Okay, which vendors are the largest, would I say, violators of this particular ... "

"I really don't know."

"What about Pharmacists?"

"I do know that Pharmacists are involved ... "

"Dentists?"

"I'm sure there are. I can't give you ... They're medical providers."

"Do you have an opinion from the Dental Society?"

"Pardon me?"

"Do you have an opinion from the Dental Society on this?"

"An opinion on what?"

"On this Bill?"

"On this Bill? No, I doubt that they have taken a position, but if they have and you know about it ..."

"How about the Pharmacists? You're a Pharmacist."

"I'm sure that Pharmacists, because we, as providers of Medicaid benefit ... as Medicaid providers in the State of Illinois, stand fully behind this Bill because ..."

"Are you sure?"

"If there's a bad Pharmacist out there, we don't want them ... we don't want them giving pharmacy a bad name."

"Is this Ron Stephens, or is this the Pharmacist?"

"The Pharmacy Association has not taken a position to my knowledge, neither has the Dental Association or any of the medical providers. But I can tell you as Ron Stephens, Pharmacists, that it's my opinion that Pharmacist stand united in cleaning up Medicaid fraud."

"Now. in terms of the forfeit... and the... say for instance, the Pharmacist and the guy who hands out condoms 26  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 or something of that nature, would those things also be subject to forfeiture all of his assets?"

"We're sold out. We're sold out."

"Okay, to the Bill. This particular Bill is somewhat troublesome to me, because what you have here is, you're creating within the Public Aid Department, a Junior IRS which has the ability to seize your assets prior to conviction, thereupon having your assets at some later date, possibly if conviction is found, your assets have been frozen. In the meantime, you've basically lost all use of them. Two or three, maybe six, maybe even a year later when they give you your assets back, you're broke. You're out of business. There's no way that a person and this doesn't... remind you, even though they may be after vendors, it doesn't stop at vendors. A small little guy who's sitting at home, who may possibly, accidentally do something that the Department conceives to be fraud, or turn around and find himself in a situation, whereas he's going to have all his meager assets frozen, and then two, maybe three years later when they finally go through the adjudicative process, they tell him he can have it back. In the meantime he's lost everything. This is a terrible idea. I don't think the Department of Public Aid should be in a position of the IRS. I don't like the position the IRS is in, and I don't want to make these people in the same way. I urge a 'no' vote. Those of you who like the Dental Society and all those other groups. You might think about this also. This is a bad Bill. Thank you."

"The question is, Shall this Bill ... Yes, Mr. Stephens to close."

"Well, thank you, Mr. Speaker, I'll try to be brief. The Gentleman's remarks are not well taken from this side of the aisle. The fact is, that ... although I can't stand 27  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 here and speak for all the associations, I can say this. Medicaid fraud is a problem in Illinois. It has been. We're doing what we can to clean it up. We've taken the first steps. This is a refinement of the process. The courts do not have ... or do have the right, if they make judgement that they are withholding assets and ruining a businessman, they can come in and have those assets released. The fact of the matter is that Medicaid fraud should be cleaned up in Illinois. The Dental Society and all those who were mentioned, have not come out in opposition to this Bill. We need to proceed with this Amendment, and Senate Bill 742 is a ... will only affect those people who are ripping off the system, those people who are taking tax dollars and stealing from the State of Illinois. Nobody who is providing service in the State, nobody who is receiving service in the State legitimately, is going to be affected whatsoever by this Bill. I move for its adoption."

"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. DeLeo, one minute to explain your vote. Mr. Kubik, one minute to explain your vote. Mr. Clerk, take the record. On this question, there are 86 voting 'aye', 22 voting 'no', 3 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Ms. Barnes, for what purpose do you seek recognition?

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. If many of you were wondering why there was such a good looking group of young high school students up in front of the Podium before, I would like to explain it to 28  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 you. These 25 Illinois high school students are going to the Soviet Union as student ambassadors on the People to People Initiative for Understanding American-Soviet Youth. The program is a comprehensive 21 day education and cultural experience for these young people. This program was founded by President Eisenhower in 1963, in the conviction that steps towards peace begin, not with government, but with the people. And the students and their Legislators are Lisa Butler, who is from Representative Keane's district; Charles Barron, Representative DeLeo's district; Linda Chen, Representative Parcell's district: Joanne Kooney, Representative Pedersen's district; Angela Dahl, Representative Christensen's district; Sen Dinoyer, Representative Novak's district; Elizabeth Fray, Representative Ropp's district; Nicholas Keotos, Representative Harris' district; Tomoko Cazewa, Representative Parcells: Larisa Krenecki, Representative Ryder; Michael Learer, Representative Churchill; Jeff Pattawick, Representative Williamson; Rayford Palmer, Representative Leverenz; Amy Plavick, Representative DeJaegher; Joy Reedy, Representative Christensen; Joseph Romano, Representative Parcells: Lisa Schultz, Representative Hoffman, Keith C. Field, Representative Hicks; Todd Strong, Representative Ackerman: Teresa Valley, Representative McPike; Anna Wagner, Danielle McCarthy and Gabriel Toth, Representative Barnes; John Womick, Representative Richmond; John Lackley, Representative Breslin. And the teachers that are involved are Charles Hart of Orland Park, Patricia Peterson of Wilmette, Lois Enstenstrom of Des Plaines. On behalf of all the Legislators, we wish to wish you well and we would like you to stand up and take a bow. Godspeed and thank you for joining us." 29  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

June 26, 1987 "Thank you. As long as we're in the mood for cheering, I understand Representative Dick Klemm just received a U.S. patent on one of his inventions. Congratulations, Dick. On the Order of the Special Order of Business, Economic Development, appears House Joint Resolution Constitutional Amendment #13 and that is on Amendment stage. The Gentleman from Cook ... By the way, this is on page 13 and this is Constitutional Amendment #13 so Judge Greiman is not superstitious at all. Representative Greiman, on the Amendment."

"Thank you, Mr. Speaker. Amendment #2 just restructures the language and makes certain that there are ... that this Constitutional Amendment and the effect of it is limited to residential units that contain six or more flats or commercial or industrial property and makes clear that you can have six months. The redemption period can be limited to six months on all the scavenger sales, and brings down from five to two years on the general taxes which are delinquent and would be in Scavenger Act. I would ask you to adopt it. I think it's been agreed by most everybody who's involved in this issue."

"The Gentleman from Cook moves the adoption of the Amendment number ... Floor Amendment #2 to House HJR Constitutional Amendment #13. All in favor say 'aye', opposed 'no'. The 'ayes' have it and the Amendment is adopted. Further Amendments?"

"No further Amendments."

"If we could all have your attention, we ask leave of the Body ... it would move the Resolution to Third Reading. Third Reading. Leave of the Body that we go to the Order of Resolutions. We've got a Resolution we want to read that I think everybody knows this person. It's a special person to all of us here. The Clerk will read 30  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 House Resolution 650."

"House Resolution 650, offered by Speaker Madigan. Representative Daniels ..."

"Could we have your attention please?"

"Whereas, on June 26, 1937, after a lengthy courtship, Mary K. "Marina" Tepatti and Joe Lucco stood before Father Wubbee of St. Nicholas Church in Pocohontas, Illinois, and pledged themselves to one another; and Whereas, a former teacher and coach, and a Member of this Body from 1974 to 1978, Joe currently serves on the House Speaker's staff and is a member of the Illinois Basketball Coaches Hall of Fame; and Whereas, continuing a tradition which Joe started last year (when he forgot his anniversary), Marina and Joe Lucco will celebrate their Golden Wedding Anniversary belatedly, with a reception at the Knights of Columbus Hall in Edwardsville on July 19th; and Whereas, when they were wed, Joe and Marina could only imagine the rewards of their career that they were about to embark upon, but the example that they have set over the last fifty years will forever be reflected in the attitude of their children and grandchildren have regarding the institution of marriage; and whereas, the Luccos will be joined in their celebration by their son, Bill, and their daughter Marina, their four grandchildren, and many of their friends; Therefore, be it resolved by the House of Representatives, the 85th General Assembly of the State of Illinois, that we congratulate Joe and Marina Lucco on their Golden Wedding Anniversary; That we rejoice with them as they celebrate with family and friends, and that we wish them continuing happiness; and be it further resolved, that a suitable copy of this preamble and resolution be presented to Joe and Marina Lucco with our esteem and best wishes." 31  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

June 26, 1987 "Leave of the Body that all names be added as Sponsors of the Resolution and Representative Giorgi moves for adoption. And Representative Lucco would like to say a few words to the Body. Is Coach Lucco here? First of all, it is my honor to present Joe Lucco with this Resolution. With the Resolution Joe, this embodies our respect for all that you have done, both as a former colleague; as a member of the Speaker's Staff; as one who is known all around Illinois; and even in the country as a Coach. And for all that you have done for the youth, you have struck your mark. And also, we want to express our wishes for many more years of health and happiness to you and your loving wife. God bless you, Joe." "Thank you. Thank you very, very much. And thank you, friend, John. I have one regret, and I must apologize, and she sends her regrets. Marina, my wife, planned on being here today, but couldn't come. Our granddaughter, #3, who is ten years old is just returning from France, tonight at 9:50. She has been over there as an exchange student for three weeks. So, she must go down there, and I must be home to help pick up the granddaughter, if nothing else. I after the act that we had here yesterday, remember the gentleman that was here, 103 years old? I'm sort of thinking of a poem that a friend of mine wrote me and sent to me just a couple days ago. He said fifty years isn't very long, but it's a good start. And when you're 103 years old, and we are not quite that age, but we look forward to that particular age. This is the kind of an age of vacations. Everybody takes vacations. Everybody said where are you going when you get through? What are you going to do when you retire? I always say, "retire to what'? You going to retire, what are you going to do, go off in a hole? Are you going to fish for three weeks? Are 32  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day you going to play golf for six months? twice? That's great. Go to Florida That's great. After that, why you'll be like we school teachers were, and the school kids. Kind of good to see school open up again. I'd always look at life this way. If you enjoy your work, you have a lifetime full of vacations. And that's the way I've looked at it. We have been here 75 years, been very, very fortunate. Marina and I have been together for 50. Our fathers got us together years before that, so I was kind of bashful, you know how it is. So, we only have two children, a son and a daughter, and we have four grandchildren. I came here in the Class of '75. The Class of '75, and they are all back there. We have ... that was a great class. There's been many of them, nice ones since then, but not to excel the Class of '75. Mautino and Mulcahey and Dunn etc., Hi Barnes. Right ... quite a few of us came in at that particular time. The ... I had a poem in my pocket. The fella that sang yesterday, I'm not even going to try to equal his. I'm saying 75 years isn't very old, really. But, we have been around a long time. Down in Southern Illinois, where Phelps comes from, they have an expression. You haven't been here long, but I've been around. I've been to two county fairs and a rodeo, and that kind of brings you up to date, and we in Southern Illinois. I had a poem, and it's something like this, but I'm not going to read it all. I would just like to read the first part of it to you about lifes clock. It's in my den at home, and if you ever get down there, you get to read the whole thing. The clock of life is wound but once, and no man has the power to tell just where the hands will stop, at late or early hour. I think you ought to think about that once in awhile. I do. And I always read the sign every morning I get up. Not, quit your belly 33  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day aching, June 26, 1987 that's on the other wall. But, it says today is the first day of the rest of my life. This has been a good year, our 50 years. I'll read this other poem. I stutter. At age 75 you develop a stuttering thing. Isn't that terrible? 'I believe for every drop of rain that falls, a flower grows. I believe that someone in the darkest night... somewhere in the darkest night; a candle glows. I believe for everyone who goes astray, someone will come to show the way. I believe. I believe above the storm the smallest prayer will still be heard. I believe that someone in this great somewhere, hears every word. Every time I see a newborn baby cry... hear a newborn baby cry, or touch a leaf, or see the sky, then I know why I believe'. This is a great place, I have enjoyed it, tremendously. When I stand with Greiman, Matijevich, and the rest of you out there, I know what I believe. I really don't know what they believe, but I really don't care, as long as they believe. Thank you so much."

"Now on the Order of Special Call, Economic Development, Third Reading appears Senate Bill 144. Mr. Hicks, do you wish to proceed? 144. Out of the record. Ladies and Gentlemen, this is, as you know, the deadline date for Senate Bills on Third Reading. There is no guarantee that we will return to any Bill once it is taken out of the record. Once it has passed, we will try to accommodate everyone. but there is no guarantee. Mr. Hicks, 144? Out of the record. On this Order appears Senate Bill 591. Out of the record. On this Order appears Senate Bill 1123. Mr. Clerk, read the Bill."

"Senate Bill 1123, a Bill for an Act to amend an Act in relation to Solid Waste Management. Third Reading of the Bill."

"The Gentleman from Kane, Mr. Kirkland." 34  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987

"Thank you, Mr. Speaker. I explained this Bill a couple of days ago and then briefly took it out of the record. I'll explain it again. There's three parts to it. One part of the Bill creates the Illinois Solid Waste Loan Repayment Fund. The second part of the Bill allows a unit of local government to establish a tax or surcharge on the receipt or disposal of solid waste. The funds generated from that ... from those must be used for Solid Waste Management purposes of long term ..."

"Excuse me. Excuse me. Mr. Kirkland. Mr. McPike, for what purpose do you seek recognition?"

"Excuse me. Was this Bill amended on Second Reading? I thought the Gentleman agreed to take this back to Second for an agreement."

"I don't think I agreed to take it back. I agreed to take it out of the record."

"Pardon me?"

"I agreed to take it out of the record before, but you know, we've been going back and forth about the Amendment."

"Okay, fine, thank you."

"Proceed, Sir."

"Funds generated would be used to ... The third part of the Bill would indicate that ... just a moment ... would require that the proceeds from the sale of waste paper collected by State agencies through Paper Recycling Programs, be put in a special fund, rather than just into the Paper and Printing Revolving Fund. I ask for passage of the Bill, please."

"The Gentleman from Kane moves for the passage of Senate Bill 1123. And on that, the Gentleman from Madison, Majority Leader, McPike."

"Thank you. Hould the Sponsor yield?"

"He indicates he will." 35  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 25, 1987

"As the Bill stands now, does this impose a new tax?"

"It allows the local governments, in addition to having authority to impose a fee, to now impose what would be a tax. They would call it tax or a surcharge."

"So the answer is yes. This allows local governments to impose a new tax. Is this ... This tax that the local governments impose, does this provide for a back door referendum?"

"No."

"Does it call for a front door referendum?"

"No."

"Is there any limits, whatsoever, as to the amount of this tax, or is it unlimited?"

"No limits on it."

"No limits whatsoever. To the Bill, then, Mr. Speaker."

"Proceed."

"I asked the Gentleman if he would take this back to Second Reading so that we could work out a compromise to try to put some kind of reasonable limit on this tax, but the Gentleman decided that he would rather go with it as it is. So, I'm forced to rise in opposition to the Bill. We have generally, over the last few years, been reluctant to impose or to get the authorization to impose new taxes, unless there is some provisions for our back door referendum or a front door referendum, or at least that we put some kind of limitations on the ability to tax. This is a tax on solid waste disposal and I understand the reasons for that type of tax. But I think there should be some kind of limitations as to what we should put on it. So if the individuals on the House Floor want to vote for a new tax ... unlimited tax, a tax that has no front door or back door referendum on it, then they should vote for the Bill. But if they think there should be some kind of 36  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day reasonable vote."

June 26, 1987 limits imposed, then I would ask for a 'no' "The question is, 'Shall this Bill pass? I'm sorry, Mr. Kirkland to close."

"First of all, we had some discussion about the limits. It wouldn't apply just to a tax. There's also fees and surcharges allowed here and they are commonly known as tipping fees. There is a real question as to what any limit on those fees should be. There has been no limit for at least a year that these fees have been authorized. There are some communities that charge higher fees than the limits Mr. McPike's Bill would set. There are reasons for those, trying to set up clean up funds and so forth. Good reasons for those to not have the limits be as low as Representative McPike would ask for. And so I think the Bill makes sense and move for passage."

"The question is, 'Shall this Bill pass? All those 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 19 voting 'aye', 84 voting 'no', 7 voting 'present'. The Bill fails. On this Order appears Senate Bill 1384. Mr. Clerk, read the Bill. Mr. Van Duyne, do you wish to proceed? Mr. Clerk, read ... Out of the record. On this Order appears Senate Bill 1400. Mr. Clerk, read the Bill."

"Senate Bill 1400, a Bill for an Act to amend the Steel Products Procurement Act. Third Reading of the Bill."

"The Gentleman from Cook, Mr. Panayotovich."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I think Senate Bill 1400 was debated quite well 37  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 during the Amendment, which then became the Bill. It's the Buy American legislation for State only ... for the State only and I'll stand for any questions that need be answered."

"The Gentleman from Cook, Mr. Panayotovich moves for the passage of Senate Bill 1400. And on that, the Lady from Cook, Ms. Parcells."

"Thank you, Mr. Speaker, would the Sponsor yield?"

"He indicates he will."

"First of all, I'd like to thank the Sponsor because he came over and explained some of my concerns with this Bill this morning, and I truly appreciate that. But I did notice that in Amendment #1, you put Canada into the Bill. Isn't that correct?"

"Yes, Ma'am."

"But then Amendment #2 appears to have taken it out. Is that correct?"

"No, Ma'am. Not to my intent."

"I think if you look at it, and it may have been by accident, but I think you amended on page 2, line 20 to put them in, and then the second Amendment amended lines 20 and 21 without putting Canada in again."

"Amendment #2? I'm sorry. Amendment number... I'm sorry, would you go back to that, Representative."

"I think Amendment #1... and I don't have it in front of me either. Do you have... I think it was page 2 that Amendment #1 amended, line 20 to put Canada..."

"Page 2, line 17 and line 19 which was ..."

"I have it... reading Amendment ..."

"No it doesn't."

"It says in line 21 by inserting 'or Canadian' after 'States' and on page 3 in line 1 by inserting 'or Canadian' after 'States'. Is that the same Amendment you're looking 38  69th Legislative Day at?" STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987

"Yeah, well that would come out after the 'and', so it doesn't delete it."

"Okay, well it appears ... and maybe we better look at this technically if you intend to keep Canada in it, because then in Amendment #2 you say on Page 2, by deleting lines 20 and 21, which would then take Canada out and go on talking about the 50, 60, and 70 percent. And I just thought you ought to know that if your intention was to leave Canada in it."

"Thank you."

"And then to the Bill, Mr. Speaker. I think this is ... "

"Proceed."

"I think this is one of those things that looks good on paper, and it looks very patriotic, but in fact it can be very detrimental to our State. First of all, it will destroy competition because those companies from foreign countries that are bidding, will eventually realize they have to come in at a figure 10% less than any of the U.S. competition, and they not only won't be able to do it, but they will eventually drop out of the bidding, and then the U.S. companies can go higher and higher, which will cost our agencies more and more money. The agencies themselves will have to hire help to figure out this 50, 60 and 70 percent. And then it's going to cost the agencies of the State and all our universities a great deal more money. We spend, oh, a billion and a half dollars in commodities and this could conceivably rise by that 10% figure, and I think that would be a bad thing to do. There is one other thing that it would be very detrimental, and that is the case of retribution. We've seen this happen before, the foreign countries will say, 'Hey, Illinois, you've been out here 39  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day trying to sell us and now you don't want our products? don't want your products either." And we've been working very hard on this and I think it would be very detrimental. It would be very detrimental to our farmers. Because an easy way to retaliate is in agricultural products. We export one third to one half of our agricultural products, and our poor farmers, who know nothing about this, are going to be the guys to pay for this when the retaliation comes from foreign countries. I think this is very bad Bill. I think it's a great idea and the Sponsor means well, but I think it will serve to hurt the State of Illinois. And I ask for your "no vote."

"The Gentleman from McLean, Mr. Ropp."

"Thank you, Mr. Speaker. Would the Sponsor yield, please?"

"He indicates he'll yield."

"Why are you interested in increasing the cost of government by allowing some of these ... this 10% provision that you have in this Bill? Why would you want to do that?"

"Well, I don't know that it would increase that. That's your words. I would think that 10%... even if it's 10%, in some instances when we're going to go out and buy that foreign car, or a car for State... again I repeat State, so everybody is clear on that, this is only for State government, that its worth putting the people, or keeping the people in Peoria or the people in Chicago working and bringing them back to work, the ones that have been layed off if we're going to turn around and buy American made cars, instead of foreign cars."

"Well it just looks to me like, if you really didn't mean it, as you kind of indicate, it might not be there, I would have left that out. Now in the next regard, it seems a bit unusual to have these percentages in. Because what in fact 40  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 you're stating that we have businesses in Illinois now that you are going to not even allow to sell to Illinois because of this percentage factor. Why is that percentage factor in there?"

"The percentage factor is in there, again, to make sure that we are buying American made products. Let me just ... Do you know by chance, Representative, I'm not going to try to cross examine you here... Western Europe, do you know what their content law is in America... to buy anything out of Western Europe? Do you have an idea? Would you like to know, I guess, is the question? 80 percent."

"Am I asking the questions, or are you asking the questions?"

"Western Europe says 80% content. Protecting themselves, Western Europe. So I think that if we get up to 50, 60 and 70% in the United States, we're still under Western Europe. And they're protecting themselves. You mean you don't want to protect the people in your district? You go back and tell them."

"What you're going to do though, you're going to say in my automobile plant that we're not going to buy your car, and that's being built right in McLean County. Why do you want to prohibit that?"

"No, we want to buy your car right in your district. And if your car is made with 50 and 60 and 70% content American, which Caterpillar is even today, this day at 70%, you're going to buy that American made car instead of going and buying a foreign car."

"No, under your provisions we won't be able to buy it. Because we're... maybe 50 or 60% may be foreign parts."

"It's not, but that's alright."

"But, what you're telling me is that we're not really 41  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 interested in trying to keep those people employed, but we want to come up with some new kind of a fabricated provision. Well, Mr. Speaker, to the Bill. This Bill has been around for a number of years. The intention is well intended by the Sponsor, but really we're not going to improve the situation at all. I might give a little definition, or an example to the Sponsor. I saw in a newspaper not too long ago, there was this businessman who was seated behind his desk with one of the employees coming in, and they had a chart in the background and the graph was going down, indicating business was not too good. And the caption under the cartoon was, and I'm not sure it was a cartoon, I think it was kind of factual, it says, 'I just had this crazy idea. Why don't we produce a superior product and provide superior service?' Now this Bill does anything but attempt to do that. And one of the things that we really need in the United States, is to produce that superior product, as we did a few years ago, and to provide a superior service to go along with it. The other thing that we've talked about any number of times, is the fact, the International feeling that will come about as this Bill moves along. We're telling our foreign buyers, "We don't really want to trade with you'. We're telling them that we now are restricting our concern with a two-way street dealing with trade and that now ..."

"Bring your remarks to a close, Sir."

"The biggest thing that's going to hurt this area is our agricultural trade. Ladies and Gentlemen of the House, agricultural trade in the United States is one of the pluses that we used to have, and we have even seen that diminish. I urge a 'no' vote on this so that we can continue to try to produce a superior product and provide superior service. That's how we retain our world market, 42  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 not by legislation of this type."

"Ladies and Gentlemen if I might ... if the Chair might point out some statistics at this time. There were 164 Bills on the Calendar when we began this morning, and in two... in an hour and 55 minutes, we have done six Bills. This is the seventh Bill we will have done. The Chair does not mean to intimidate or cut off debate at all, but I think we should consider restraint, and where we are that these Bills have been debated often long on Second Reading. And on that, Mr. Wennlund, the Gentleman from Will."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I don't think there's a Member in this House that does not have either a manufacturer, or a retailer of products from General Motors, Ford, Chrysler, American Motors, Mercury Motors, Navi-Star, International Harvester, John Deere, Ford Tractors, 3M, Eastman Kodak, General Electric, Motorola, Xerox, IBM, Pitney Bowes, Ad Dick and on and on. These established major companies in Illinois, huge employers in Illinois, would be ineligible to bid on State contracts and would become nonqualified vendors under this Bill. Not one district in this State would be left out. Vendors of all those products would be ineligible under this Bill. CMS is violently opposed to this Bill. And they're opposed to it because it's going to result in higher taxes and you're going ... when at a time when this State is trying to have a bare bones budget, the taxpayers of the State of Illinois are going to be forced to pay bigger dollars because of this Bill. I urge your 'no' vote on this legislation. Remember all those vendors and manufacturers in Illinois, who are the employers of Illinois, who are going to be destroyed by this type of legislation." 43  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

June 26, 1987 "The Gentleman from Warren, Mr. Hultgren."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Earlier in debate, Representative Parcells indicated that the Sponsor of this legislation had really gone out of his way to try and explain his intention and I, too, benefited from several conversations with him and I appreciate very much his working so diligently to explain what's happening with the Bill. I have some concerns about the definition in the Bill. And looking at the Amendment, it defines products that consist of at least 50% United States content and then it goes on to say 60%, 70% and so forth. But it doesn't, I don't believe, provide any further explanation as to what domestic content would be. And in talking with manufacturers, and specifically manufacturers in my district, they have some concerns that as this Bill is currently worded, that they may not be able to sell products, that employ people right in Peoria and Galesburg, to the State of Illinois. Now the Sponsor has indicated to me, in no uncertain terms, that he doesn't intend that, but I fear that the language in the Bill itself is not specific enough to prohibit that result. And so for that reason, because I think the Bill may reach further than the Sponsor intends, and he certainly is well-intentioned, because I fear that it may in fact cost jobs in the Central Illinois area, I am compelled to vote against it and would urge others to do so."

"The Gentleman from Madison, Mr. Wolf. Mr. Wolf moves that the previous question be put. All in favor signify by saying 'aye', those opposed "no". In the opinion of the Chair, the previous question be put. Mr. Panayotovich to close."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. In closing, to respond ... to respond to some 44  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 of things that were said. All of the UAW Plants, GM, Ford, Chrysler, Deere, Caterpillar, all today fall under even the highest content of 70%, still fall under that. And these companies that were mentioned by one of my colleagues would still be able to go ahead and bid to sell the State. Now, Representative Ropp gave me the greatest part that can be said about this Bill. It's a two-way street. And he's right, it's a two-way street. Listen to this two-way street in this morning's Springfield paper, "Foreign car makers make inroads but Japan's not worried". Because last year, Japan sent 2.3 million cars to America, and America sent 2,345 to Japan. That's a two-way street if you're on Representative Ropp's words. Also the two-way street that we have, other countries with domestic content that worry about themselves, Spain, Portugal, Mexico, Venezuela, Columbia, Brazil, Chile, Argentina, Australia, New Zealand, South Korea, India, Indonesia, the Phillipines, South Africa, Western Europe, 80% content. England requires that you come in and be 80% within their country from Japan if you're going to build cars. It's a two-way street out there. Other people are worrying about themselves. We better start worrying about people in Illinois. We better start worrying about putting them to work and keeping them working. Keeping money coming in. Keeping food on the table. Taking the people that aren't working out there now off the welfare lists. Ten percent? Let's put a thousand people back to work, the 10% is gone. I move for passage of Senate Bill 1400."

"The Gentleman from Cook, Mr. Panayotovich moves for the passage of Senate Bill 1400. All those in favor signify by voting 'aye', those opposed vote "no". Voting is now open. This is final action. Mr. Bowman, one minute to explain your vote." 45  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'm voting 'no' on this because I think what we need is a trade policy that is symmetric. That is useful in good times as well as in bad times. And just because we're going through some bad times now with the Japanese and the Germans being the big bullies on the block, we shouldn't run behind our mothers' skirts. I think what we need is a symmetric trade policy. Now Representative Panayotovich made a very good point in his closing, that some other countries have domestic content legislation. Well, maybe what we need is a quid pro quo. A policy that says, well, if another country has it, then we'll have it. But not with respect to countries that do not have such legislation. This legislation, in my opinion, is too broad, and that is why I'm voting 'no'. Thank you."

"The Gentleman from DuPage, Mr. Barger. One minute to explain your vote."

"Thank you, your Lordship. Ladies and Gentlemen of the Assembly, it's quite often that Representative Bowman and I disagree, and very seldom that we do agree. In this particular case, though, he and I agree exactly. The international trade regulation should be set by the Federal Government, rather than by each individual state. John Deere is as 'Illinois' as any corporation ever could be, and they are now advertising on television that their lawnmowers have Japanese motors, and the motor is more than half of a lawnmower. I think we should consider very strongly opposing this Bill. It is not in our best interest. It's not in the best interest of those people who would like to manufacture in this country. I think it's very bad and I would suggest voting against it."

"The Gentleman from Vermilion, Mr. Black. One minute to explain your vote." 46  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

June 26, 1987 "Thank you very much, Mr. Speaker. I am voting 'aye', and I think many of you here would say, 'Well, a Republican shouldn't do that.' Well, let me just tell you that I'm not worried about tradition and I'm not worried about my It may well cost rating with the manufacturers' community. me the election. But I'm telling you I represent a district where we're trying some new things and some new ideas. People, it's time we be creative. I have a plant in my district that if it stays open, and it's in trouble, it's going to because... it's going to happen because labor and management are going to work together and cooperate and sit down and talk together. The Gentleman has come over here and we've talked at length about this. It has a sunset clause. He said if it doesn't work, we'll do away with it. We're simply trying to keep people working, that's all. If you think we're going to pay higher taxes because of this Bill, wait until you see what we pay if we continue to let plants close and plants move overseas. That creates a tremendous desire and demand for public services, and, in fact, drives our tax base down when these plants close and move out. I... "

"The Gentleman from Cook, Mr. Pedersen."

"Thank you, Mr. Speaker."

"One minute to explain your vote."

"This is just another example of outworn, out-of-date, '30's style government intervention, which... Overall it just doesn't work. All of these things fall into the same kind of category, like 'Smoot Hawley', which caused the Depression. It protects one group, but whenever you do that, there are these ripples that affect all these other groups detrimentally. You get countries retaliating. So this is a big mistake. What we should be doing is working it up so it's more free trade, not all these obstacles to 47  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 69th Legislative Day free trade that's bad for all of us."

"Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 73 voting 'aye', 41 voting 'no', none voting 'present'. This Bill, having received the Constitutional Amendment... Constitutional Majority, is hereby declared passed. And now Mr. Capparelli on a Motion with respect to Senate Bill 236. The Gentleman from Cook, Mr. Capparelli, moves that the House reconsider the vote by which Senate Bill 236 was considered and passed. Now is there any discussion? There being none, the question is, 'Shall this Bill... shall this vote be reconsidered?' Mr. Capparelli, we're going to check the transcript to see whether, in fact, the Motion was tabled or not. There seems to be a question between whether the Motion... the Amendment that previously was adopted that would have put this in the posture of a Conference Committee was, in fact, tabled or not. There is recollection of the Membership is different than that of the computer, so we're going to hold your Motion for a little while. We'll come back to it. On the Order of Economic Development Third Reading appears Senate Bill 1416. Mr. Clerk, read the Bill."

"Senate Bill 1416, a Bill for an Act to amend the Illinois Banking Act. Third Reading of the Bill."

"The Gentleman from Cook, Mr. Capparelli. Mr. Capparelli."

"Thank you. Thank you, Mr. Speaker. Senate Bill 1416 amends the Investment Section of the Illinois Banking Act to bring in the definition of 'money market fund' into conformity with the definition provided by the Federal Securities Law. I know of no opposition and I ask for a favorable Roll Call."

"The Gentleman from Cook, Mr. Capparelli, moves 48  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 for the passage of Senate Bill 1416. There being no 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? Have all voted who wish? Mr. Clerk, take the record. On this question there are 105 voting 'aye', 1 voting 'no', 5 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order of Business appears Senate Bill 1493. Mr. Clerk, read the Bill."

"Senate Bill 1493, a Bill for an Act to amend Sections of the Forest Products Transportation Act. Third Reading of the Bill."

"The Lady from Sangamon, Ms. Hasara."

"Thank you, Mr. Speaker. This legislation would allow the Department of Conservation to clearly determine ownership of logs being transported. They feel this legislation is needed to enable them to stop logs from leaving the State of Illinois illegally. I know of no opposition to the Bill and I move for its adoption."

"The Lady from Sangamon moves for the passage of Senate Bill 1493. 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 109 voting 'aye', none voting 'present', none voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill... I'm sorry, House Resolution 216. Mr. Ronan, do you wish to proceed on 216? Mr. Clerk."

"House Resolution 216 urges the Illinois Commerce 49  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 Commission to investigate the sale of the Chicago and Illinois Midland Railway. Transportation and Motor Vehicles Committee recommends 'be adopted'."

"The Gentleman from Cook, Mr. Ronan."

"Thank you, Mr. Speaker, Members of the House. I urge the adoption of House Resolution 216. It's a request brought to me by some of the rail unions in the state to look at the sale of the Chicago and Illinois Midland Railway to make sure that it's not a detriment to the citizens of the State of Illinois. It passed out of my Committee 18 to 0. Be glad to answer any questions concerning it."

"The Gentleman from Cook, Mr. Ronan, moves for the adoption of Resolution... House Resolution 216. On that is there any discussion? There... the Gentleman from Adams, Mr. Mays."

"Will the Gentleman yield for a question?"

"Indicates he will."

"What does this Resolution do, Mr. Ronan?"

"I just read it. It... what it does, it asks the Illinois Commerce Commission to review the sale of the Chicago and Illinois Midland Railway. What we're trying to do is see if we want the Commerce Commission to review to make sure there's not going to be any irregularities in that sale, to protect the taxpayers of the State of Illinois and the individuals who work for that railway line."

"Is there any reason to believe that there is any goings-on with that?"

"Well, there's... there's been a concern brought to me by a number of employees who work for the... for the railway line, to make sure that this is in the best interests in the... best interests of the State of Illinois."

"Does the State of Illinois do this with all railroad purchases or sales?" 50  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"Well, we... " June 26, 1987

"What role does the ICC play now in that kind of ... "

"ICC regulates railroads in Illinois."

"And so they... do they approve or disapprove or investigate the purchases or sales or anything?"

"I think the ICC absolutely has the jurisdiction to do this, number one. Number two, it gives them something to do to make sure that the taxpayers are well served."

"And how will the tax... "

"ICC had no problem with this Resolution in Committee, as you remember, Representative Mays, because as I remember you were sitting there that day in Committee when we passed it out 18 to 0."

"This has been... what are the interests of the taxpayers in this process here? I mean, what are those interests we're going to serve the taxpayers by passing this Resolution that is something that can already be done by the ICC?"

"Make sure... We want to... What we're going to do is we're... I'm just going to urge the ICC to make sure that they review this so that the taxpayers and the citizens of this State are protected and the employees who happen to work for that railway line."

"Thank you very much."

"The question is, 'Shall the Resolution be adopted?' All those in favor signify by saying 'aye', those opposed 'no'. In the opinion of the Chair the 'ayes' have it. The Resolution is adopted. On the Order of House... House Joint Resolutions appears House Joint Resolution 73. Mr. Clerk."

"House Joint Resolution 73 urges the U. S. Congress not to pass disruptive Federal Acid Disposition Legislation." 51  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"Thank you, June 26, 1987 "The Gentleman from Franklin, Mr. Rea." Mr. Speaker, Hembers of the House. House Resolution 73 would urge the Congress to pass Federal Legislation that would assist in the clean... the use of clean coal technologies which will be very supportive of the... of support for the various types of methodologies that can be used for burning coal cleanly. This is an issue that's before Congress and I would ask for your favorable vote."

"The Gentleman from Franklin moves for the adoption of House Joint Resolution 73, and on that, is there any discussion? The Gentleman from Winnebago... Winnebago, Mr. Hallock."

"Thank you, Mr. Speaker, Members of the House. I rise in support of the Resolution. We here in Illinois sit on a virtual gold mine of coal, which I think is our best asset, but yet because of its nature, we can't really utilize it to its full extent. This Resolution hopes that we can get to that coal and I think it's a good idea and I urge it be adopted."

"The question is, 'Shall the Resolution be adopted?' All those in favor signify by saying 'aye', those opposed 'no'. In the opinion of the Chair the 'ayes' have it. The Resolution is adopted. We will now proceed to the Order of State and Local Construction Second Reading on Special Call. And on that appears Senate Bill 1243. Mr. McPike. Mr. McPike in the chamber? And on this Order... On the Order of Third Reading appears Senate Bill 43. Mr. Giorgi? Mr. Giorgi? Mr. Clerk, read the Bill."

"Senate Bill 43, a Bill for an Act to amend the Illinois Development Finance Authority Act. Third Reading of the Bill."

"The Gentleman from Winnebago, Mr. Giorgi." 52  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

June 26, 1987 "Mr. Speaker, I'd like leave of the House to return this Bill to the Order of Second Reading for the purpose of several Amendments."

"The Gentleman asks leave of the House to return this Bill to the Order of Second Reading for the purposes of Amendment. The Gentleman has leave. Leave is granted. Mr. Clerk, are there any Amendments?"

"Floor Amendment #3, being offered by Representative Anthony Young."

"Withdrawn. Further Amendments?"

"Floor Amendment #4, being offered by Representatives Hoffman and Churchill."

"The Gentleman from DuPage, Mr. Hoffman."

"Thank you, Mr. Speaker. I'd like to withdraw this Amendment and all other Amendments except Amendment #10."

"Are you the Sponsor of those Amendments?"

"Any that I'm Sponsor of I'd like to withdraw."

"The Gentleman has asked leave to withdraw... "

"Amendments #5 through 9, Representative Hoffman is the lead Sponsor."

"Alright. They are withdrawn. Further Amendments?"

"Floor Amendment #10, offered by Representatives Hoffman, McPike and Churchill."

"The Gentleman from DuPage, Mr. Hoffman."

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Representative McPike and Representative Churchill and our staff... staffs, have looked long and hard at this asbestos abatement problem that we have in the school districts of this state. Amendment #10 proposes to do a number of things and I would just like to list those for you. They are all predicated on the... on the premise that there is no way that the state can afford to fund the 53  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 program that we put in place last year, and in a little calmer times, we are looking at a way to address this problem. And what we do about this Amendment is we transfer the responsibility and authority for administering the provisions of the Asbestos Abatement Act from the Department of Public Health to the Department... or to the Capitol Development Board, because it is a... is a building problem. Some of the discussion has come to us that it's important to have one agency in charge of this and we just transfer the responsibilities from the Department of Public Health to the the Capitol Development Board for inspection. Secondly, we authorize downstate school districts and the Chicago school districts to levy a tax of... very similar... well, the same... basically the same as the Life Safety Code for asbestos abatement. Due to the differential levels of local ability to deal with this problem, they have the authority to levy this tax. We have not set a cap on that tax because, depending on how much asbestos in the school district will determine what it wil1 cost. This is going to be under the Capitol Development Board so there is... there is control there, and this fund can only be used for asbestos abatement. It also authorizes downstate school districts and the Chicago school district to bond themselves in order to pay for the asbestos abatement work against the... against the tax levy. As I said before, CDB will assume all authority and responsibility; however, all the rules and regulations that have been promulgated by the Department of Public Health pursuant to the Act are not affected by this Amendment. They will just be administered by the Capitol Development Board. It permits school districts to initiate asbestos abatement projects in the absence of an order to do so, SO if they have a problem they can go ahead and do it. Such 54  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 projects, however, are going to have to be approved by the Capitol Development Board. It leaves all the current language of the Asbestos Abatement Act in place, because if at some future point in time we get some funding for this program from the State, that Act will be in place to distribute funds to the school. I'll be glad to respond to any questions."

"The Gentleman has moved for the adoption of Amendment #10 to Senate Bill 43. Does anyone rise in opposition? Hearing none, the question is, "Shall Amendment #10 be adopted? All those in favor say 'aye, all those opposed say 'no". In the opinion of the Chair the 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

"No further Amendments."

"Repre... Third Reading. Representative Giorgi now asks leave for immediate... Representative Giorgi."

"Madam Speaker, I took this Bill off of Third and put it back to Second for the purpose of Amendment. I'm told there is another crucial Amendment being drafted for this Bill so I'd like to leave it on Third as long as I have a promise from the Chair that it will call it later in the day so that these people are going to have a chance to put their Amendment on."

"We will certainly try to do that, Representative Giorgi."

"And I don't want to be flim-flammed around."

"Remember, Ladies and Gentlemen, that today is a deadline day. We are going to have to start moving much faster on these Bills. We cannot guarantee that we are going to get to come back to Bills. We will certainly try to accommodate you, Representative Giorgi, and every other Sponsor. What?" 55  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987

"Madam. This is a crucial Bill. It has to deal with the asbestos problem, asbestos is... We don't want to play with people's lives. You're going to have to tell me you're going to come back to the Bill or we're going to have a filibuster."

"We are going to do our best, Representative Giorgi, but as to all Members, we must start moving faster. This Bill is on Third Reading. Out of the record. Senate Bill 117, Representative McPike. Out of the record. Senate Bill... Senate Bill 130, Representative McNamara. Out of the record. Senate Bill 432, Representative Weaver. Representative Weaver? Clerk, read the Bill."

"Senate Bill 432, a Bill for an Act to amend the Illinois Historic Preservation Act. Third Reading of the Bill."

"Representative Weaver."

"Thank you very much, Madam Speaker. I would ask leave of the House to bring this back to Second Reading for purposes of an Amendment."

"The Gentleman asks leave to return this Bill to the Order of Second for the purposes of an Amendment. Does he have leave? Hearing no objection, the Bill is on Second. Are any Amendments filed? Mr. Clerk."

"Floor Amendment #1 is being offered by Representative Brunsvold and De Jaegher."

"Representative Brunsvold, on Amendment #1 to Representative Weaver's Bill on Historic Place Registration. What's the Amendment..."

"Madam Speaker, withdraw Amendment #1. It's technically incorrect."

"Withdraw #1. Are there any further Amendments?"

"Floor Amendment #2, offered by Representative 56  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 69th Legislative Day Brunsvold."

"Representative Brunsvold."

"Amendment #2 is a substantive language for the transfer of Blackhawk State Park, Campbells Island Historic Site and Albany Mounds from the Department of Conservation to Historic Sites, and I move for the adoption."

"The Gentleman has moved for the adoption of Amendment #2 to Senate Bill 432. Is there any opposition? Hearing none, the question is, 'Shall Amendment #2 be adopted?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair the 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

"There are no further Amendments."

"Third Reading. Representative Weaver... Floor

"Correction. There is a third Amendment. Amendment #3, offered by Representative Rea."

"Representative Rea. Representative Rea on Amendment #3."

"Thank you, Madam Speaker, Members of the House. Amendment #3 is similar to an Amendment that we passed earlier which gives the Department of Conservation authorization to include the Wayne Fitzgerald State Park in their cash incentive program. I would move for an 'aye' vote."

"The Gentleman has moved for the adoption of Amendment #3, and on that question the Gentleman from Adams, Representative Mays."

"Will the Gentleman yield, please?"

"He will."

"What Bill was this on that we passed earlier?"

"Representative Rea to respond. Turn on Representative Rea."

"I believe it was on House Bill 916 and there appeared that 57  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 there might be some problem with the Bill, not with the Amendment, but with the Bill. And this will only... there's no moneys that... this does not involve any moneys whatsoever. What it does is give them authorization the same as the other State Parks which they already... some of the other State Parks, they already have authorization so at and when that they should have moneys available, that they could enter into that same type of program."

"Is it your intent this year or next year to ask for $500,000.00 to back this authorization up? Or ask for any money for that matter. Because we've opposed that in Committee and we beat it."

"Only when the... when the money would be available, Representative Mays, and that... that would depend upon... and that would depend upon the Department of Conservation as to what their plans would be."

"So with the tax increase... So you would not ask for an appropriation without a tax increase. Is that right?"

"I would not ask for an appropriation unless the moneys would be there."

"Thank you. To the Amendment. We have addressed the dollar side of this, I think, as often as we have addressed the authorization side, and that's why I raised the question as to whether we should go about doing this at this time. Clearly there are not any dollars in the budget to go ahead and effect this type of authorization and I would simply ask for a Roll Call Vote against this Amendment."

"The question is, 'Shall Amendment #3 be adopted?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Representative Rea, one minute to explain your vote."

"Thank you, Madam Speaker. As I said, there's no moneys 58  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 Speaker involved. In fact, yesterday, if you recall, there was an Amendment which did have moneys, which I withdrew because of the moneys not being available. So I... "

"Have all voted who wish? The Clerk will take the record. On this question there are 57 voting 'aye', 43 voting 'no' and none voting 'present' and the Amendment is adopted. Are there any further Amendments?"

"No further Amendments."

"No further Amendments. The Bill moves to Third Reading. Representative Weaver now asks leave for immediate consideration of this Bill, as amended. Does he have leave? Hearing no objection, he has leave. Read the Bill, Sir."

"Senate Bill 432, a Bill for an Act to amend Sections of the Illinois Historic Preservation Act. Third Reading of the Bill."

"Representative Weaver."

"Thank you, Madam Speaker. Ladies and Gentlemen of the House, the Bill, as we've already heard on the adopted Amendment, the underlying Bill deals with the Historic Preservation Agency and its ability to place properties on the Historic Register of Illinois without the permission of the owners. This... the basic underlying Bill simply requires that the owners permission be gained before that building is placed upon the Illinois Historic Register, and I ask for your affirmative vote on the Bill."

"The Gentleman has moved for the passage of Senate Bill 432. And on that question, does anyone rise in opposition? Hearing none, the question is, 'Shall Senate Bill 432 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 103 voting 'aye', 3 59  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE voting 'no', and 6 voting 'present'. June 26, 1987 This Bill, having received the Constitutional Majority, is hereby declared passed. With leave of the Body I would like to go back to Senate Bill 117 for Representative McPike. Hearing no objection, read the Bill, Mr. Clerk."

"Senate Bill 117, a Bill for an Act in relationship to waste water treatment. Third Reading of the Bill."

"Representative McPike."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Senate Bill 117, as amended, would provide for the state to issue 70 million dollars in GO bonds that would be used to match 350 million dollars coming from the Federal Government, and the total of that would be put into a revolving loan fund and the cities that are in non-compliance with the Clean Water Act, that is the 226 cities in Illinois that have been working with EPA, to provide plans to the EPA, that will allow for construction of new waste water treatment facilities to bring them into compliance. This would allow those 226 cities access to this revolving loan fund. They would borrow the money, build the waste water treatment facilities, and then pay the state back, with interest, the money that they borrowed. When the money... when the fund was built up again, then the secondary borrowers would be allowed to come in, and those would be those cities or townships, etc., in Illinois that need to have an extension, that are now in compliance, but would need an extension or modernization of the plant to provide for any new construction in their area. Be glad to answer any questions on the Bill."

"The Gentleman has moved for the passage of Senate Bill 117, and on that question, does anyone rise in opposition? The Gentleman from Winnebago, Representative 60  69th Legislative Day Hallock." Hallock: STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 "That you, Mr. Speaker... Madam Speaker, Members of the House. I'd like to indicate that we all support this on this side of the aisle. We have debated this issue for several months this Session. Mr. McPike, I believe, has a very good idea here. He presents the approach that we think is most feasible. With the GO bonds we can, in fact, help to repay these loans. It will make sure that the 236 communities in our state which have an immediate crisis can be addressed. It's a good idea and I urge it be passed."

"Okay, we are trying to move along quickly. Does anyone rise in opposition? The Gentleman from DuPage, Representative McCracken."

"Representative McPike came up with a good idea. We had this idea as well, and I stand in support of it."

"The Gentleman from Will, Representative Wennlund."

"Thank you, Madam Speaker. Will the Sponsor yield?"

"He will."

"Mr. McPike... Representative McPike, will communities who have already commenced compliance construction also be McPike: eligible?" "Well, I don't have the list of 226 here, but I think it's been sent to every Legislator, so if you happen to have one of those 226 communities, you are on the list."

"Thank you. Even though they have commenced construction?"

"The question is, 'Shall Senate Bill 117 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 111 voting 'aye', none voting 'no', none voting 'present'. This Bill, having received the 61  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 Constitutional Majority, is hereby declared passed. Ladies and Gentlemen, again with leave of the Body, I'd like to go to Second Reading on State and Local Construction while Representative McPike is still on the Floor. The Bill is Senate Bill 1243. Clerk, read the Bill."

"Senate Bill 1243, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."

"Are there any other Amendments or Motions?"

"Floor Amendment #2 is being offered by Representative McPike."

"Representative McPike."

"Amendment #2 is a technical Amendment. I would move for its adoption."

"The question.. the Gentleman has moved for the adoption of Amendment #2. Is there any discussion? Hearing none, the question is, "Shall Amendment #2 be adopted?" All those in favor say 'aye', all those opposed say "no". In the opinion of the Chair the 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

"No further Amendments."

"Third Reading. Representative McPike now asks leave for immediate consideration of Senate Bill 1243, as amended. Does he have leave? Hearing no objection, he has leave. Read the Bill on Third, Mr. Clerk."

"Senate Bill 1243, a Bill for an Act to amend the Illinois Municipal Code. Third Reading of the Bill."

"Representative McPike."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I don't know if the Governor will sign the previous Bill that... that we passed, and this is a second approach, a second method to allow these communities to fund these 62  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 waste water treatment facilities that have to be built. This allows for a.. a local unit of government to issue a... bonds and to pay for it with a tax increase. Currently they can do it if they have received a compliance order issued by the United States Environmental Protection Agency or the Illinois Pollution Control Board and this would add, rather now it's a compliance order issued to comply with the Federal Clean Water Act. As I said, they currently have this authority if they receive the... if they receive the compliance order from either of those two agencies and this would add a third provision, and it also adds, as a precaution, a back door referendum. So I would move for the passage of this Bill."

"The Gentleman has moved for the passage of Senate Bill 1243, and on that question, is there any discussion? Hearing none, the question is, 'Shall Senate Bill 1243 pass?" Those in favor vote 'aye', all those opposed vote "no". Voting is open. Mr. Clerk, take the record. On this question there are 96 voting 'aye', 12 voting "no", 5 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of... Special Order of State and Local Construction Third Reading, the next Bill is Senate Bill 498, Representative Flinn. Clerk, read the Bill."

"Senate Bill 498, a Bill for an Act to amend the Illinois Manufactured Housing and Mobile Home Safety Act. Third Reading of the Bill."

"Representative Flinn."

"Madam Speaker, Senate Bill 498 is a Bill that dealt with pre-fab housing... Wait a minute. I think I promised somebody I'd take that out of the record. Take that out of the record right now."

"Out of the record. Senate Bill 505, 63  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 Representative Kirkland. Clerk, read the Bill. Clerk, read the Bill."

"Senate Bill 505, a Bill for an Act in relationship to the conveyance of certain state land. Third Reading of the Bill."

"Representative Kirkland."

"Madam Speaker, I seek leave of the Body to return the Bill to Second Reading for some Amendments."

"The Gentleman wants to return this Bill to Second. Hearing no objection, the Bill is on Second. Are there any Amendments filed?"

"Floor Amendment #1, being offered by Representatives Richmond and McPike."

"Representative Richmond."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. This Amendment... Amendment #1 to Senate Bill 505, contains the conveyances which have already passed in House Bill 932 and Senate Bill 549, which is currently in the House. The Amendment also contains the language previously contained in every Bill that we passed out of the House dealing with conveyances. This is an agreed Amendment. I ask for your support."

"The Gentleman has moved for the adoption of Amendment #1 to Senate Bill 505. Is there any opposition? Hearing none, the question is, 'Shall Amendment #1 be adopted?" All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair the 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

"Floor Amendment #2 is being offered by Representative Van Duyne."

"Representative Van Duyne."

"Thank you, Madam. There was an altercation with the 64  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Department of Conservation as to a piece of ground called *Treat Island', and this Amendment removes that from the Bill, and I move for its adoption."

"The Gentleman has moved for the adoption of Amendment #2 to Senate Bill 505. Is there any opposition? Hearing none, the question is, Shall Amendment #2 be adopted?" All those in favor say 'aye", all those opposed say 'no". In the opinion of the Chair the 'ayes have it. The Amendment is adopted. Are there any further Amendments?"

"Floor Amendment #3, being offered by Representative Ewing."

"Representative Ewing."

"This provides for a lease of approximately six acres of land to the American Legion Post in Pontiac from the Department of Corrections at a dollar a year. The land being leased is river bottom land and is subject to flooding."

"The Gentleman has moved for the adoption of Amendment #3 to Senate Bill 505. Does anyone rise in opposition? The Gentleman from Cook, Representative Cullerton."

"Yes. A question? This authorizes the Department of Corrections to lease land from the American Legion Association and what will the land be used for?"

"No. Representative. The American Legion Post has a building that had their headquarters at the edge of Pontiac and it's back from the Vermilion River a little bit. Across the river the Department of Corrections owns a farm which has about six acres of bottomland in brush, trees, it's not used for anything, that's adjacent to the property the American Legion sits on."

"So, this allows the American Legion to lease..." 65  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"To use it for a dollar a year, they are going to clean the brush out of it and they use it for recreation purposes. It is not good for farming or anything because it... every time the river comes up, it goes under."

"Fine. Thank you." June 26, 1987

"The question is, 'Shall Amendment 33 be adopted?" All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair the 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

"There are no further Amendments."

"Third Reading. Representative Kirkland now asks leave for immediate consideration of Senate Bill 505, as amended. Hearing no objection, he has leave. Read the Bill on Third."

"Senate Bill 505, a Bill for an Act in relationship to the conveyance of certain state land. Third Reading of the Bill."

"Representative Kirkland."

"Thank you, Madam Speaker. The Bill authorizes the Directors of Central Management Services, Agriculture Department, and Mental Health and Developmental Disabilities to convey certain state properties. The Bill is... in its form now, is a collection of several conveyances."

"The Gentleman has moved for the passage of Senate Bill 505, and on that question, does anyone rise in opposition? Hearing none, the question is, 'Shall Senate Bill 505 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 112 voting 'aye', none voting 'no', none voting 'present'. This Bill, having 66  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 received the Constitutional Majority, is hereby declared passed. Senate Bill 1308, Representative Farley. Clerk, read the Bill. Representative McCracken, for what reason do you seek recognition?"

"Thank you, Madam Speaker. This Bill has already been considered and is on the Order of Consideration Postponed. Today is a deadline day. This Bill has already had its opportunity. Let's move on to Bills that have not yet had the opportunity and if there is time left, come back to these Considerations Postponed."

"You are overruled, Representative McCracken."

"This was... This was debated at length."

"Representative... Turn the Gentleman off. You are overruled, Representative McCracken. We will not take a lot of time on this Bill. Representative Farley to present your Bill."

"Senate Bill 1308, a Bill for an Act to amend the State Space Needs Act. Third Reading of the Bill."

"Representative Farley."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. We did discuss this Bill the other day. There was a little confusion which, in the meantime, I have talked to a few of my colleagues and explained a little bit more to them about their questions on the Bill, and I think everybody knows what the Bill does. What we're asking for is the Space Needs Commission to be part of the process of payout on jobs that is done in the Capitol Complex area and I would move for a favorable Roll Call."

"The Gentleman has moved for the passage of Senate Bill 1308, and on that question the Gentleman from Winnebago, Representative Hallock."

"Well, Madam Speaker, Members of the House, to the Bill. I must say first of all, there's absolutely no need for 67  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 this Bill. There's absolutely no need that... no reason why the Space Needs Commission should be in the power position whereby they have absolute oversight on everything that goes on in this Capitol Complex. We have the Secretary of State's Office, we have the Capitol Development Board, and many others who may, in many cases, have a need to be in charge of certain programs. To give the Space Needs Commission this absolute power is totally to abrogate the power of those other entities we talked about. This Bill is unnecessary. It's a bad idea. We voted on it yesterday and defeated it then. Let's defeat it again now. Vote 'no'."

"The Gentleman from Adams, Representative Mays."

"Thank you very much. Would the Gentleman yield?"

"The Gentleman will yield, but I would suggest, Representative Mays, that it is more appropriate at this time to speak to the Bill."

"Alright. I'll forget the questions. Let me just... Let's get right to the heart of this issue."

"Okay, let's go straight to the Bill."

"The thing that got us all going last yesterday when we addressed the thing was that this is a turf-building Amendment or Bill for the Space Needs Commission. They have the power right now of approval of a project conceptionally. They've got the power of oversight as the project is going on. They don't need anything else, because there's already two other agencies that have the power for the final payment. In Committee, when this was brought... I think this went through the Appropriations Committee, for some reason... but when it came through that Committee, whichever one it was, it was asked, "How are we really going to save any money on this deal? How are we really going to expedite projects or keep them from being 68  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 delayed. Who's really going to have any... or, you know, what's really going to change in determining who's going to decide what projects get funded and what ones don't?" And the resounding answer to each and every one of those questions was, "Not a thing." And that is why I reassert that this is simply a turf-building thing. It's giving somebody a job to do that wants something a little bit more. It may be well placed somewhere. I don't think we should do it. I think we've cast a wise vote last time and we should reaffirm it."

"The Gentleman from Lake, Representative Churchill."

"Thank you, Madam Speaker. I rise, also, in opposition to this Bill. We've had a lot of Bills on this Calendar over the past week. In fact, it was my impression that we probably could have put Bills on an agreed Bill list a long time ago, argued over the 10 or 20 Bills that we disagreed on, and we probably could have been out of here a week ago. You know, this is ridiculous. So fine, we keep the Calendar nice and fat. We go through all these Bills. Now there are Members here on the deadline day who have Bills that they want to pass, they want to get out of here, and we go back to a Bill that's been already considered. I think what we ought to do is everybody ought to vote 'no' on this, everybody ought to vote 'no' on every Bill that's on Postponed Consideration, until every other Member has had a chance to hear any Bill that they want to hear for the first time."

"The Gentleman from Cook, Representative DeLeo."

"Thank you, Madam Speaker, Members of the House. I rise in support of Senate Bill 1308. I am a Member of the Space Needs Commission and I think this is a very important issue here this year. We've had projects in this Capitol 69  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 Complex, and with the overruns and the restoration and they come back in and they want more and more money. I think if the Space Needs Commission had this authority and had this power, we could save a lot of money in the budget. I urge an aye vote on Senate Bill 1308."

"The Gentleman from Cook, Representative Kulas."

"I move the previous question."

"There is no need to do that. Representative Farley to close."

"I think everybody knows the issue."

"The question is, Shall Senate Bill 1308 pass?" All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Representative Hicks votes 'aye'. Would someone help him, please? Thank you. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 62 voting 'aye', 51 voting 'no', none voting 'present'. Representative McCracken asks for a verification. Poll the Absentees, Mr. Clerk."

"A Poll of those Members not voting. Representative Williams is the only Member not voting."

"Representative Williams votes 'aye'. Poll the Affirmative. Would all Members please sit in their seat so that a proper verification can be performed. Mr. Clerk, proceed."

"Poll of the Affirmative: Berrios, Bowman, Braun, Bugielski, Capparelli, Christensen, Cullerton, Currie..."

"Excuse me. Representative Keane asks leave to be verified. He has leave. Proceed."

"... Daley, Davis, DeJaegher, DeLeo, Farley, Flinn, Flowers, Giglio, Giorgi, Granberg, Greiman, Hannig, Hartke, Hicks, Homer, Huff, Jones, Keane, Krska, Kulas, Laurino, LeFlore, Leverenz, Levin, Martinez, Matijevich, Mautino, 70  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day McGann, McNamara, McPike, O'Connell, Panayotovich, June 26, 1987 Morrow, Mulcahey, Novak, Phelps, Preston, Rea, Rice, Richmond, Ronan, Saltsman, Satterthwaite, Shaw, Stange, Steczo, Sutker, Terzich, Turner, Van Duyne, Williams, Wolf, Anthony Young, Wyvetter Younge, and Mr. Speaker."

"Any questions of the Affirmative?"

"Yes. Thank you. Representative Hicks?"

"Representative Hicks voted personally, and he is also still here."

"Where is he?"

"He voted personally."

"He didn't... He voted personally. personally? How do you vote Did he stand up and say it?"

"Yes. He stood up and said he wanted to vote "aye*."

"Okay. Well, alright. Representative Shaw?"

"Representative Shaw? Representative William Shaw. Is the Gentleman in the chamber? He is not. Remove him from the Roll Call."

"Representative Giglio?"

"Representative Giglio. Frank Giglio is in the chamber."

"Representative Mautino?"

"Representative Mautino is in the chamber. Representative McCracken? Would you turn him on, please?"

"Representative Leverenz?"

"Representative Leverenz? Representative Ted Leverenz? He is not in the chamber. Remove him from the Roll Call."

"Representative Laurino?"

"Representative Laurino is in the chamber."

"Representative Steczo?"

"Representative Steczo? Terry Steczo. Is the 71  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day Gentleman in the chamber? He is not. June 26, 1987 Remove him from the Roll Call."

"Representative Christensen?"

"Representative Christensen is in his chair."

"Representative Satterthwaite?"

"The Lady is in her Chair."

"Representative... Representative LeFlore?"

"The Gentleman is in the chamber."

"Representative Bowman?"

"The Gentleman is in the chamber."

"Representative Sutker? Representative Matijevich?"

"Representative Matijevich is in his chair."

"Representative White?"

"Mr. White is not voting."

"Representative Hartke?"

"Representative Shaw has returned to the chamber. Add him to the Roll Call. The Gentleman... Representative Hartke is in the chamber."

"Representative Huff?"

"Representative Huff is in the chamber."

"Nothing further."

"On this question there are 61 voting 'aye', 51 voting 'no', none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1463, Representative Giorgi. Clerk, read the Bill."

"Page 8 of the Calendar, Senate Bill 1463, a Bill for an Act in relationship to asbestos. Third Reading of the Bill."

"Madam Speaker, I request leave of the House to move Senate Bill 1463 back to Second Reading for the purpose of an Amendment."

"Representative Giorgi asks leave to bring this 72  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 Bill back to the Order of Second. Hearing no objection, he has leave. Are there any Amendments filed?"

"Amendments #1, 2 and 3 were withdrawn. Next Amendment is Amendment #4, offered by Representative Young."

"Representative Young withdraws the Amendment. Any further Amendments?"

"Floor Amendment 35, offered by Representative Anthony Young."

"Withdraw. Any further Amendments?"

"Floor Amendment #6, offered by Representatives Churchill and Hoffman."

"Representative Churchill withdraws. Any further Amendments?"

"Floor Amendment #7, offered by Representative Churchill."

"Representative Churchill withdraws the Amendment. Any further Amendments?"

"Floor Amendment #8, offered by Representatives Churchill and Hoffman."

"Withdraw the Amendment. Any further Amendments?"

"Floor Amendment #9, offered by Representative Giorgi."

"Representative Giorgi."

"Madam Speaker, Amendment 9 is (tape malfunction). But what it does is creates an authority for asbestos abatement authority made up of the Director of Public Health, the EPA, the CDB, Comptroller and Attorney General, and there will be... they will have authority to identify and plan a program for abatement of the hazard from asbestos. They will coordinate all activities to the effect that public entities, and creates in the office of the Attorney General 73  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 an Asbestos Litigation Division. I think most people are familiar with the Bill and I urge the support of this Amendment."

"The Gentleman has moved for the adoption of Amendment #9 to Senate Bill 1463. Does anyone rise in opposition? The Lady from Cook, Representative Pullen."

"Madam Speaker, Ladies and Gentlemen of the House. I simply think that it would be a good idea if the Members of the House realized that included in this Amendment is an Asbestos Litigation Division in the Office of the Attorney General to go after manufacturers, suppliers, and installers, and I think that we should know that we are doing that when we vote on this Amendment."

"The question is, 'Shall Amendment #9 be adopted?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes have it. The Amendment is adopted. Are there any further Amendments?"

"No further Amendments."

"Third Reading. Representative Giorgi now asks leave for immediate consideration of Senate Bill 1463, as amended. Does he have leave? Hearing no objection, he has leave. Read the Bill on Third, Mr. Clerk."

"Senate Bill 1463, a Bill for an Act in relation to asbestos. Third Reading of the Bill."

"Representative Giorgi."

"I repeat. This creates an Asbestos Abatement Authority made up by the Director of the Department of Public Health, EPA, CDB, Comptroller and Attorney General. They will correlate all activities, and I did mention that it creates an Office of Litigation, because we do have some people that are guilty of this hazard, so we want this Bill put into force. I urge the adoption of the Bill." 74  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"The question is, 'Shall... The June 26, 1987 Gentleman has moved for the passage of Senate Bill 1463, and on that question the Gentleman from Cook, Representative Preston."

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. I rise in support of this very good Bill. The asbestos problem that we've experienced throughout the state, and particularly in the City of Chicago, is not a hazard that will jeopardize lives some time in the future, but it is a hazard that jeopardizes lives today, and though the effects might not be felt till some time in the future, those effects begin today with the inhaling of this really poisonous substance that is cancer-causing, health-affecting, and it is imperative that we take immediate steps today to start a course of action that will cure us of this asbestos that we find throughout construction projects in the State of Illinois, so I urge an 'aye' vote. We need it."

"Does anyone rise in opposition? The Gentleman from McLean, Representative Ropp."

"Madam Speaker, I just want to raise one question with the Sponsor. Would he yield?"

"He will yield to one question. Representative Giorgi."

"Is asbestos more hazardous to your health than secondary smoke?"

"I wish I had the answer to that question."

"The Gentleman from Champaign, Representative Johnson. Do you rise in opposition, Sir? Proceed, Sir."

"I rise in support of Senate Bill 14... "

"The Gentleman supports the Bill. The question is, 'Shall Senate Bill 1463 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk 75  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 will take the record. On this question there are 75 voting 'aye', 35 voting 'no', and 3 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. By agreement of both sides of the aisle, I'm going to a subject matter Call on Economic Development. There will be two Bills on that Call. The first Bill is 11... Senate Bill 1112, the second is Senate Bill 1113. The first Bill, Senate Bill 1112, Representative McPike. Clerk, read the Bill."

"Senate Bill 1112, a Bill for an Act in relation to finance and development. This Bill has been read a Second Time previously. No Committee Amendments."

"Are there any Floor Amendments?"

"Floor Amendment #1, offered by Representative Turner."

"Representative Turner withdraws the Amendment. Are there any further Amendments?"

"Floor Amendment #2, offered by Representative McPike."

"Withdraw the Amendment. Are there any further Amendments?"

"No further... no further Amendments."

"Third Reading. Read the Bill on Third, Mr. Clerk."

"Senate Bill 1112, a Bill for an Act in relation to finance and development. Third Reading of the Bill."

"Representative McPike."

"Thank you, Madam Speaker, and Ladies and Gentlemen of the House. Senate Bill 1112 amends the Illinois Development Finance Authority Act, IDFA to expand the powers and duties of the Act. It really allows IDFA to continue to operate under the provisions of the new Tax Reform Act. It will make it a lot easier for local 76  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 governments to access bonding through IDFA. It's intent, other than that, I think the primary effect of the legislation is to expand the financing options available to IDFA, and thereby expand the financing options that are going to be available to units of local government. Be glad to answer any questions on the Bill and I move for its passage.

"The Gentleman has moved for the passage of Senate Bill 1112. Does anyone rise in opposition? The Gentleman from Lake, Representative Churchill."

"Thank you, Madam Speaker. I rise to support this concept. At times there are economies of scale that can be offered, and in this particular piece of legislation that's exactly what we are doing is offering an economy of scale from the state to the local governments. And I think it's a good program, something that we should put in place to allow the local governments to proceed on projects that they would not otherwise be able to accomplish."

"The question is, 'Shall Senate Bill 1112 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? The Clerk will take the record. On this question there are 88 voting 'aye', 16 voting 'no', and 9 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1113, appearing on page 3 on your Calendar. Clerk, read the Bill."

"Senate Bill 1113, a Bill for an Act in relation to the disposition of unclaimed property and to make uniform law with reference thereto. Third Reading of the Bill."

"Representative Countryman."

"Thank you, Madam Speaker. I ask leave to move this Bill back to Second for purposes of tabling an Amendment." 77  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"The June 26, 1987 Gentleman moves the Bill back to Second. Does he have leave? Hearing no objection, the Bill is on Second. Are there any Amendments filed? Representative Countryman, do you wish to make a Motion?"

"Yes. I move to table Amendment 2, I believe it is."

"The Gentleman moves to table Amendment #2 to Senate Bill 1113. Is there any objection? Hearing none, the question is, 'Shall Amendment #2 be tabled?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Amendment #2 is tabled. Are there any further Motions or Amendments?"

"No further Motions or Amendments."

"Third Reading. Representative Countryman now asks leave for immediate consideration of Senate Bill 1113. All those... Does he have leave? Hearing no objection, he has leave. Read the Bill on Third, Mr. Clerk."

"Senate Bill 1113, a Bill for an Act in relation to the disposition of unclaimed property and make uniform law with reference thereto. Third Reading of the Bill."

"Representative Countryman."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Senate Bill 1113 creates the Uniform Unclaimed Property Act. It provides for the disposition of unclaimed property including intangible property claimed by two or more states. It specifies where the property will presume to be abandoned. It requires filing of reports of abandoned property with the Director of the Department of Financial Institutions and authorizes the Director to adopt rules necessary to carry out the provisions of the Act. Provides for enforcement of the Act and provides penalties for failure to comply with the Act. Repeals the Uniform Disposition of Unclaimed Property Act. I'll be happy to answer any questions and I move for its passage." 78  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"The Gentleman June 26, 1987 has moved for the passage of Senate Bill 1113. Does anyone rise in opposition? The Gentleman from Cook, Representative Kulas."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Better look carefully at this Bill. Senate Bill 1113 makes some changes in the Banking Act. Now, originally, when the Bill was introduced in the House, we wanted to allow the banks and financial organizations to refrain from presuming that an account was abandoned when an owner had a number of accounts and there was activity on one account, then the other accounts would be presumed to be active. Now if you live in Chicago or if you bank with the First National Bank of Chicago, or Continental, where they have all these computer printouts and you can have all your different bank accounts under one statement, that's fine, because you get one statement for four or five different accounts, CDs, Money Markets, and so on. But if you live downstate, and if you deal with a small bank who doesn't have these services, and you might have five accounts, one account for your children, for your... for their education and so on, after five years, because there's no activity on that account, that account is presumed abandoned. So look carefully at this. The other part is, now the banks, when an account does not have any activity on it, when you sign a signature card, there's a written contract between you and the bank. Now this would require another enforceable written contract requirement that would allow the bank to charge you certain money for not having any activity on that bank. This is a terrible Bill. It's opposed by the Illinois Bankers Association, and I would ask for a 'no' vote."

"The Gentleman from Cook, Representative Piel."

"Thank you, Madam Speaker. Will the Gentleman yield?" 79  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"He will."

June 26, 1987 "Representative Countryman, I was under the assumption that there was an agreement made that this was going... that there was still problems with the Bill and that the Bill was going to go to Conference Committee and all the different parties were going to work this out. Am I correct?"

"I was never party to that agreement. We put an Amendment on which was unnecessary. We took it off."

"To the Bill, Madam Speaker."

"Proceed."

"Madam Speaker, Ladies and Gentlemen of the House. I... I reluctantly stand in opposition to the Bill. I was, you know, just approached about 15, 20 minutes ago in reference to the Bill and the Bankers groups conveyed to me that they were under the assumption that the Bill would go to Conference Committee to where the different parties were going to work out their problems with the potential Bill. Now, unfortunately, the Bill is sitting in a situation to where it will go directly to the Governor's desk if it is passed, and so I would ask, at the present time, for either the Gentleman to either take the Bill out of the record until the parties can try and work out their problems or for a 'present' or a 'no' vote if he wishes not to take it out of the record at the present time."

"The Gentleman from DuPage, Representative McCracken."

"I rise in support of this Bill and ask my friends on either side of the aisle to support it. Whether or not it's in the perfect form, it certainly has a purpose. We want to clean this up and we need to move this Bill for that purpose. Representative Countryman has acted very responsibly in dealing with this issue. He is open to 80  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day cleanup language, but let's move the Bill. important to get it going. So vote 'aye'." June 26, 1987

It's very Speaker Breslin: "The Gentleman from Cook, Representative Terzich."

"Yes. Representative Countryman. Why do we need this Bill?"

"We need this Bill because it, in essence, it's the uniform Bill developed by the uniform law commissioners and it provides for disposition for unclaimed intangible personal property where there may be disputes by more than two states, and it changes some of the language where it specifies where property will be presumed to be abandoned."

"I know, but we already have a law. I noticed you mentioned something that it would reduce from... to five years to cover unclaimed property. Is that correct? Was it seven and now you're doing it to five?"

"That's right. Well, no, it's at seven. Excuse me. It's at seven, under the terms of the Bill. It was changed in the Senate to seven. The... but to answer your other question, there's several millions of dollars, which are waiting in other states to be turned over to Illinois, that are really legitimately would come into Illinois as abandoned property, as soon as we adopt this Bill."

"What is the definition of abandoned property?"

"Anything left inactive in a financial institution for seven or more years."

"What happens if I have a CD or something like that and I just leave it in the... for example, my IRA account that I have money in a CD IRA account, and I never make another deposit into that. Is that an abandoned account?"

"IRA's are excluded."

"Specifically excluded?"

"And CDs. Yes. And CDs may be rolled over twice 81  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 69th Legislative Day before they even fall in the category."

"For example, if I took out a CD six or seven years ago and I'm just leaving there, that would not be considered an abandoned property?"

"No. Until it rolled over twice. So if you took out a five year CD it would have to roll over twice. It would take 15 years before it would even fall... fall in the category of being abandoned."

"So if someone had a CD for say one year, on their IRA account, or two years and it was rolled over twice and there was no additional activity, then that would be considered an abandoned property if they didn't take any other action on it?"

"I'm sorry, I... people were asking me other things here. Can you repeat that?"

"If I took out an IRA and I had a CD and it was say a three year CD, and I rolled it over twice and I didn't, you know, then do you mean to say the third time or something like that, that it would be considered abandoned?"

"No. It would be rolled over automatically. If you went in the bank to renew it, it wouldn't even fall in this category. So if you just abandoned it, if you didn't go into the bank, it would have to be rolled over twice, and I presume it would be for the same period of time... "

"What amount of money are we talking about that it supposedly would generate to the state?"

"Well, I answered... "

"Representative Countryman."

"Thank you, Madam Speaker. That there are several millions of dollars that will come to the state because they are in other states, if we adopt this Act, and that's the purpose of this Bill.

"The Gentleman from Madison, Representative 82  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 McPike."

"Thank you, Madam Speaker. Will the Sponsor yield?"

"He will."

"Under current law, after the property is finally abandoned, that money comes back to the state, doesn't it?"

"Yes. It does."

"Where does the majority of that money currently go?"

"State Pension fund."

"And this Bill reduces the abandoned property time limits from seven to five years?"

"No. Not as it stands right now. It's at seven years."

"I thought the intent was to reduce it to five years."

"There was an Amendment on the Senate to reduce it... it started out as reducing to five years, and there was an Amendment in the Senate to bring it back to seven years. The intent of the Bill, Representative, is to gain the benefit from this money that's out of the State of Illinois, but which was abandoned by Illinois residents by bringing in the Uniform Act SO that the directors of financial institutions and other comparable units of government in the state can... can turn that property over to Illinois and that will increase money into the pension funds and those other funds."

"Right. Thank you. Madam Speaker, to the Bill. Everyone recognizes that we have a very, very tough budget year and usually it's Representative Dunn that gets up and hollers and screams on the House Floor because we don't fund pensions adequately. Now along comes a Bill that allows us to get more money into pensions and everybody starts nit-picking about the Bill. Most... the great majority of the money that currently comes to the State of Illinois from unclaimed property goes into the pension 83  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 fund. I think that's about 18 million dollars a year. Here we have an opportunity to get money that is legitimately owed to the State of Illinois that is currently being held in Indiana or Kentucky or Iowa or some other state. We have an opportunity to get that property, get that money and put it in the pension funds and people are saying this is a bad Bill. I think the Gentleman has been very responsible in trying to move this along and get a compromise and at this point we have a choice between rather or not we want more money for state pension funds or less money. I think we should opt to take the money, put it in the pension funds where it belongs, and not leave it in Indiana, but pass this Bill out of here."

"The Gentleman from Cook, Representative McAuliffe."

"I move the previous question."

"The Gentleman has moved the previous question. The question is, 'Shall the main question be put?" All those in favor say 'aye', all those opposed say 'no". In the opinion of the Chair, the ayes have it. The main question is put. Representative Countryman to close."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. The Majority Leader really aptly indicated what the benefits of this Bill will be to us and to the pension funds, but it also, it will inure for the future so that we're able to get this money from out of states into the... into the State of Illinois and into the pension funds. In addition to that, the present form of the Bill, and this Bill will go to the Governor as it stands with seven years, it doesn't change the underlying law. We already have an Act similar to this in place. We aren't changing, really, the substantive underlying Bill. What we are doing is we're giving the other states the ability, that are holding 84  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 property that will inure to our benefit, the ability to turn that property over to us. I think this is a good proposal, particularly in a tight budget year, and I ask for your favorable vote."

"The question is, 'Shall Senate Bill 1113 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Representative Dunn. One minute to explain your vote. Representative Dunn. One minute to explain your vote. The Gentleman has decided not to explain his vote. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 76 voting 'aye', 35 voting 'no', and 3 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. The next Special Order of Business is State and Local Government Second Reading. It is page 5 on your pink sheet. The first Bill is Senate Bill 451, Representative DeLeo. Representative DeLeo. Out of the record. Senate Bill 487, Representative Flinn. Clerk, read the Bill."

"Senate Bill 487, a Bill for an Act to amend the Energy Assistance Act. Second Reading of the Bill. This Bill has been read a Second Time previously. No Committee Amendments."

"Any Floor Amendments?"

"Floor Amendment #1, offered by Representative Ewing."

"Representative Ewing. Representative Ewing? Representative Flinn, for what reason do you rise?"

"Yes. Well, Madam Speaker, while you are trying to find Representative Ewing... "

"He's here, Sir."

"Well, it was agreed that Amendments 1, 2, and 3 be withdrawn. That might help refresh his memory and 85  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 Amendment #4 is to be adopted."

"Is that okay? Okay. Withdraw Amendments #1, 2 and 3, if there are no objections, and there are no objections."

"Mr... "

"Excuse me, Representative Ewing?"

"Yes. I... I don't think I understood what the Sponsor was doing."

"The Gentleman said that there had been an agreement to withdraw 1, 2, and 3, and then to adopt #4. Does that refresh your recollection?"

"No."

"Okay. Then Amendment #1... "

"I'd like... I think... why don't you go on to the next Bill and give me just a second and then we'll come right back to this."

"That's up to Representative Flinn. We are not coming back to Bills necessarily, Gentlemen. This is the last day."

"Well... as a... "

"No, I meant just... just a moment, Madam Speaker, because... "

"Alright. I can wait a moment, but I don't want to skip the Bill. Let me refresh your memory some more. I talked to Representative McCracken and he and Representative Young have agreed on Amendment #4, and they are to withdraw the other three. I believe Representative McCracken can straighten you out."

"Is that right? Alright."

"Your memory is refreshed?"

"My memory is refreshed."

"Wonderful. Mr. Clerk, withdraw Amendments 1, 2 and 3, and on Amendment #4, who is to present that? 86  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day Representative Young?"

"Floor Amendment #4, Anthony Young."

"Representative Young." June 26, 1987 offered by Representative

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Amendment #4 will require the condition to qualify for the energy assistance programs for low and moderate income persons, that every 12 months they resubmit proof that they are still eligible for the program. I would move for its adoption."

"The Gentleman has moved for the adoption of Amendment #4 to Senate Bill 487. Is there anyone in opposition? Hearing none, the question is, 'Shall Amendment #4 be adopted?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

"Floor Amendment #5, offered by Representative Black and Preston."

"Representative Black."

"Thank you very much, Madam Speaker and Ladies and Gentlemen of the House. First of all I wish to thank Representative Flinn for allowing me to put Amendment #5 on his Bill. Amendment #5 to Senate Bill 487 will allow utilities to apply Illinois Home Energy Assistance Program, that's the IHEAP, Cooling Assistance Program payments to a household's current monthly bill. Now this is going to provide immediate relief to low income households who have a documented medical need for cooling. I think this is a very important Amendment. I appreciate the Representative letting me putting this on here. I ask your favorable consideration of Amendment #5 to Senate Bill 487."

"The Gentleman has moved for the adoption of 87  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Amendment #5 to Senate Bill 487. Does anyone rise in opposition? The Gentleman from Livingston, Representative Ewing."

"I don't... I don't rise in opposition, Madam Speaker, because the Sponsor of this Amendment has talked to me about it. But I would like some clarification for this Body if we're starting another entitlement program here, where the money is coming from. I don't know where this money comes from, and where is the money for this coming from? Is it a new expense?"

"Representative Black. Representative Black."

"Thank you, Madam Speaker. No, this is not a new entitlement program. It's from existing Federal funds. This just simply corrects something that the Illinois Commerce Commission said we could not do. That is to give some energy assistance during the summer to people in need who have a demonstrated medical need. It is not a new entitlement program. It's using existing Federal funds. It was the Illinois Commerce Commission's position that any money granted during the summer for energy assistance would have to apply to the short fall in IHEAP. I've talked to the utility companies. They have no major opposition to this Bill. I think the need is clearly demonstrated in light of some recent summer rate increases we've seen, and it is not a new entitlement program."

"The Gentleman from Cook, Representative Preston."

"Thank you, Madam Speaker, and Ladies and Gentlemen of the House. I rise in support of this very good Amendment. It does... it will provide people who have a definite medical need for this kind of cooling assistance the same kind of assistance that we give to people who are low income families and have need for heat assistance. There 88  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 are some people who have this very definite medical need for cooling assistance, and it's available throughout the counties throughout the state, and I'd urge your 'aye' vote."

"Does anyone rise in opposition? The Gentleman from Macon, Representative Dunn."

"I don't... I'm sure in support of the concept, but I'm confused by the... by the language, and maybe the Sponsor can clarify it for me. The Language of the Amendment seems to indicate that it would deny cooling assistance and I'm hurriedly trying to read how it fits into the text, but maybe... maybe the negative context of the rest of the paragraph does turn around into a grant. Would you explain this, please?"

"I think you have... you raised a very good question, Representative. What we're doing by the negative language is to take this energy assistance for summer out of the current statute that says all this money would have to go to the short fall for the winter IHEAP program."

"Alright. Okay."

"We're simply removing and say, 'but this money that goes to the short fall shall not include cooling assistance funds that we're going to make available'."

"Thank you."

"The question is, 'Shall Amendment #5 be adopted?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes have it. The Amendment is adopted. Are there any further Amendments?"

"No further Amendments."

"Third Reading. Representative Flinn now asks leave for immediate consideration of Senate Bill 487, as amended. Hearing no objection, he has leave. Read the 89  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Bill on Third."

"Senate Bill 487, a Bill for an Act to amend the Public Utilities Act and the Energy Assistance Act. Third Reading of the Bill."

"Representative Flinn."

"Thank you, Madam Speaker. What... you heard the Amendments and they were very small Amendments and did just some cleanup work in straightening out the statutes and the problem they had. But basically, what the Bill does, it prohibits the Illinois Commerce Commission from establishing a rule presuming that any portion of a reasonable amount of charitable donation could not be considered part of the operating expense, and to permit them to do that would simply cause the utilities to dry up charitable contributions for a reasonable amount. The other thing it does is it allows attorneys licensed in any other state or territory to be... to appear before the Commission, providing that state or territory has a reciprocal agreement or the same thing in their statutes, and the last thing it does, it provides for options for the participants of the IRAP program, which Amendment 14 took care of the reporting time. That's about all the Amendment does. It is a JCAR Bill, and that's why I'm handling it."

"The question is, 'Shall Senate Bill 487 pass?' Is there any objection? Does anyone rise in opposition? Hearing none, the question is, 'Shall this Bill pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. The Lady from Cook, Representative Davis, one minute to explain her vote."

"Well, I'm not explaining my vote, Madam Speaker. Ladies and Gentlemen of the House, I'd like to take this opportunity to introduce the new President of the Chicago Board of Education, Dr. Frank Gardner." 90  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

June 26, 1987 "Welcome, Dr. Gardner. Have all voted who wish? The Clerk will take the record. On this question there are 108 voting aye', 1 voting 'no', and 1 voting present'. This Bill, having received the Constitutional Majority, is hereby declared passed. With leave of the Body I'd like to go back to Senate Bill 451, Representative DeLeo. Clerk, read the Bill."

"Senate Bill 451, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of the Bill. No Committee Amendments."

"Any Floor Amendments?"

"Floor Amendment #1, offered by Representative Stephens."

"Thank the House. "Representative Stephens." you, Madam Speaker, and Ladies and Gentlemen of Floor Amendment 1 to Senate Bill 451 would or shall be completing such such programs provide that recipients receiving such assistance, who are 18 years of age or older, shall have graduated from high school, or the equivalent, shall be enrolled in an instructional program leading to graduation, physically or mentally incapable of programs, or be exempt... and be exempt if are not available. What this is... this is language from what we call 'learn fair'. The basic issue is, are we going to put the emphasis on teaching... are we going to... are we going to say to the children of Illinois who happen to be part of a Public Aid caseload, are you going to... do you want to educate yourself, do you want to be in school, complete your education, get your high school diploma, and go on and work your way out of the welfare, or do you want to be allowed to just not have goals in life, not have any standards to set, and just drop out of school and be the next generation of welfare recipients. We think 'learn 91  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 fair is a legitimate idea whose time has come. This should be part of welfare reform. Many... many states around the Union are addressing this issue. I think Illinois... Illinois ought to be in the forefront in this, and I would move for the adoption of Senate... Amendment #1 to Senate Bill 451."

"The Gentleman has moved for the adoption of Amendment #1, and on that question the Gentleman from Cook, Representative Young."

"Point of inquiry, Madam Speaker. I would move that this Amendment is technically out of order. If the Parliamentarian would look at the Amendment. This Amendment inserts Section 2 between the Introductory Clause of Section 1 and Section 12-4.11 of the Public Aid Code, making the Amendment to this Section part of Section 2. Section 2 adds an effective date only. The Introduction to the Amendment is found in the Introductory Clause and the lang... in Section 1, and the language is found in Section 2, and I think it's out of order."

"Representative Stephens. Representative Young is correct. Your Amendment is out of order. Representative DeLeo, what is your pleasure? Representative Stephens Amendment was out of order. Are there any further Amendments?"

"Floor Amendment #2, offered by Representative Stephens."

"Representative Stephens."

"Withdraw."

"Withdraw #2. Are there any further Amendments?"

"Floor Amendment #3, offered by Representative Stephens."

"Representative Stephens." 92  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987

"Well, this is a good one. This is... Amendment #3 decreases the amount of $800.00 to $550.00 for funeral expenses, and the amount of $400.00 to $275.00 for cemetery..."

"Representative Stephens. Turn on Representative Stephens again, please."

"Thank you, Mr. Electrician. As I was saying, these decreases reflect an 8.3% reduction due to Fiscal 88 Budget constraints. This Amendment also deletes the allowance of $150.00 issued for outer containers, which are used to protect the integrity of the grave. The purpose of the Amendment, Madam Speaker, Ladies and Gentlemen of the House, is to show some restraint on our spending as we approach the final days of the Session, wherein we are trying to balance the budget. This is a, good sense Amendment that will keep us within the spending limitations that we must set if we're going to go home with a balanced budget. I would urge the adoption of Amendment 3 to Senate Bill 451, and move for its passage."

"The Gentleman has moved for the adoption of Amendment #3 to Senate Bill 451, and on that question the Gentleman from Cook, Representative DeLeo."

"Thank you, Madam Speaker, Members of the House. Amendment #3... this Amendment would cut the combined allowance for funeral and burials by a net of $75.00. I join in the man's Motion. I think it's a good Amendment. It reduces the amount. I urge it's adoption, Amendment #3."

"The Lady from St. Clair, Representative Younge."

"Will the Sponsor yield?"

"He will yield to a question."

"What is the reduction under your Amendment, 93  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day Representative?"

"What is the reduction?"

"Yes." June 26, 1987

"Well, it's $250.00 for funeral expenses and $125.00 for cemetery burials."

"You are, by this Amendment, reducing the funeral expenses $250.00, did you say?"

"By $250.00 to the total of $550.00."

"From $800.00 to $550.00?"

"That's right, Representative."

"Isn't that balancing the budget on the backs of the dead? I think..."

"Well, that's one way to put it. I would not put it that way. No."

"I think it is absurd to think about lowering the funeral expenses from $800.00 to $500.00. What kind of funeral can anyone get for $800.00? To focus in on persons who are buried at public expense at this level, I think is absolutely absurd."

"Well, what's absurd is to go back to the districts with a unbalanced budget."

"The question is, 'Shall Amendment #3 be adopted?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 48 voting 'aye', 60 voting 'no' and 2 voting 'present' and the Amendment fails. Are there any further Amendments?"

"No further Amendments."

"Third Reading. Representative DeLeo, do you wish to go forward with this Bill at this time? Read the Bill on Third, Mr. Clerk."

"Senate Bill 451, a Bill for an Act to amend the 94  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Illinois Public Aid Code. Third Reading of the Bill."

"Representative DeLeo."

"Thank you, Madam Speaker, Members of the House. Senate Bill 451 amends the Public Aid Code in relation to reimbursements for funerals and burial expenses. It increases the maximum payment level for a funeral from $600.00 to $800.00. This includes the burial parks, cemetery charges, taxes and other related governmental fees. It increases the maximum payment for cemetery charges from $300.00 to $400.00, provides a $150.00 allowance for outer containers that are required by the cemetery. The last increase we had for funeral reimbursements was in July 1 of 1984, and at that time we went from a maximum cap from $400.00 to $600.00. It's a fact that most professionals that are reimbursed by the Illinois Department of Public Aid to cover 60% or more of usual cost of services and merchandise. This would... Senate Bill 451 would provide total reimbursement in a range of around 35%, when all costs are considered. I urge for an aye vote on Senate Bill 451."

"The Gentleman has moved for the passage of Senate Bill 451. Does anyone rise in opposition? The Lady from Cook, Representative Wojcik."

"Will the Sponsor yield for a few questions?"

"He will."

"Representative, I'd like to know how much this legislation would cost in the Fiscal Year 88?"

"Representative DeLeo."

"According to my analysis of the Fiscal Note, anywhere between 3 and 4 million dollars."

"Are there any expenses, that would be reimbursed, from the Federal Government?"

"No, there is not." 95  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987

"Do you know how much a funeral home charges for a funeral?"

"Well, I can only know from my related bad experiences, and I know you certainly can't get a funeral for six hundred dollars."

"To the Bill, Madam Speaker. I think, though the Representative is well intended. It isn't the time to propose such an increase. We're talking about income tax raising, we're talking about cutting budgets. We're also looking at a 48 percent increase. This is not the time, perhaps next year when we have our feet on the ground more firmly and we'll know exactly where we are going. We will know what type of revenue will be coming in from the Federal Government. We will be able to look at this in the future. I think it should be defeated. It's a bad Bill and I urge its defeat."

"Representative DeLeo, to close."

"Thank you, Madam Speaker. I ask for an 'aye' vote on Senate Bill 451."

"The question is, 'Shall Senate Bill 451 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? This Bill requires sixty votes for passage. Have all voted who wish? The Clerk will take the record. On this question, there are 57 voting 'aye', 44 voting 'no' and 7 voting 'present'. Representative DeLeo. Poll of the Absentees."

"Poll of those not voting. Giglio. Greiman. Krska. Mautino. Mulcahey. Robert Olson. No further."

"Representative DeLeo asks that the Bill... Representative Olson."

"Show me as a 'no'."

"Record Representative Olson as voting 'no'. 96  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Representative McCracken. The Bill wishes to put the Bill on the Order of... Representative Mulcahey wishes to vote *aye". Record Representative Mulcahey, 'aye'."

"AS long as we don't call it on Postponed Consideration that's fine."

"I can't promise that, Representative McCracken. Representative Curran changes his vote from 'no' to *aye'. Representative Bowman changes his vote from 'no' to 'aye'. Representative Krska votes 'aye'. Have all voted who wish? The Clerk will take the record. On this question, there are 61 voting 'aye, 43 voting 'no' and 7 voting 'present'. Representative McCracken asks for a verification. Proceed with the Poll of the Affirmative, Mr. Clerk."

"Berrios. Bowman. Braun. Breslin. Brunsvold. Bugielski. Capparelli. Christensen. Cullerton."

"Excuse me, Mr. Clerk. Representative McCracken, Representative Braun and Flowers wish to be verified. They have leave, as does Representative Young and LeFlore. Proceed, Mr. Clerk."

"Curran. Daley. Davis. DeJaegher. DeLeo. Dunn. Farley. Flinn. Flowers. Giorgi. Hannig. Hartke. Huff. Hultgren. Jones. Keane. Krska. Kulas. Laurino. LeFlore. Leverenz. Levin. Martinez. Matijevich. McNamara. McPike. Morrow. Mulcahey. O'Connell. Panayotovich. Phelps. Preston. Rea. Rice. Richmond. Ronan. Saltsman. Satterthwaite. Shaw. Steczo. Stern. Sutker. Terzich. Turner. Van Duyne. Weaver. Williams. Williamson. Wolf. Anthony Young. Wyvetter Younge and Mr. Speaker."

"Do you have any questions of the Affirmative? Representative McCracken."

"Yes, thank you. Representative Richmond?"

"Representative Richmond? The Gentleman is not 97  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 in the chamber. Remove him from the Roll Call."

"Representative Flinn?"

"Representative Flinn. The Gentleman is not in the chamber. Remove him from the Roll Call."

"Representative Giglio?"

"Representative Giglio. Is not voting."

"Okay, I'm sorry. Representative Rea."

"Representative Rea. Jim Rea. Is the Gentleman in the chamber? Representative Rea. He is not. Remove him from the Roll Call."

"Representative White?"

"Representative Jesse White. Is not voting."

"Representative Weaver?"

"Who was your request?"

"Representative Weaver?"

"Representative Weaver. Mike Weaver. The Gentleman is not in the chamber. Remove him from the Roll Call. Representative Currie changes her vote from 'no' to 'aye'. Representative Greiman votes 'aye'."

"Representative Berrios?"

"Representative Berrios is in the chamber. And Representative Rea has returned to the chamber. Add him to the Roll Call. He's voting 'aye'."

"Representative... Representative Giorgi?"

"Representative Giorgi. Representative Giorgi is not in the chamber. Remove him from the Roll Call."

"Representative Jones?"

"Representative Jones is right here."

"You were turned away, I didn't see you. Representative Matijevich?"

"Representative Matijevich is in his chair."

"Nothing further. Take the record."

"Representative Hultgren. Representative 98  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day Hultgren changes his vote from June 26, 1987 'aye' to 'no'. Representative Williamson changes her vote from 'aye' to 'no'. Have all voted who wish? Have all... Representative DeLeo."

"Madam Speaker, I'd ask for leave for Postponed Consideration."

"Very good. There are 57 voting 'aye', 44 voting 'no' and 7 voting 'present'. And the Bill will be placed on the Order of Postponed Consideration. The next Bill is Senate Bill 720. Representative Mautino. Is the Gentleman in the chamber? Clerk, read the Bill."

"Senate Bill 720, a Bill for an Act to amend the Beer Industry Fair Dealing Act. Second Reading of the Bill. No Committee Amendments."

"Any Floor Amendments?"

"Floor Amendment #1, offered by Representative Mautino."

"Representative Mautino."

"Thank you, Madam Speaker. Amendment #1 defines successor clause in the Act and that's all the Amendment does. I move for its adoption."

"The Gentleman moves for the adoption of Amendment #1 to Senate Bill 720. And on that question the Gentleman from DuPage, Representative McCracken."

"What significance is there of this successor clause? In some respects it would require the successor to honor, not only union status or collective bargaining rights, but a particular collective bargaining contract. What is the significance of this Amendment?"

"The significance is that that's a subject matter that we would like to have discussed over the Fall. What I intend to do is put the Amendment on the Bill, as I explained yesterday, and put the Bill into the... back into 99  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 the committee for hearings. And the substance is that's a very important part, both for a wholesaler and a supplier on the successor provisions."

"Okay. So you are going to make a Motion to extend the deadline on this?"

"No, I am going to ask to have this Amendment adopted and then... I am going to ask to have the Bill as amended, returned back to the committee, Interim Study Calendar. That's exactly what I am going to do."

"That's fine. Thank you."

"Is there any further discussion? Hearing none the question is, 'Shall Amendment #1 be adopted?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

"No further Amendments."

"Representative Mautino."

"Thank you, Madam Speaker. I'd like to thank the Members of the House, it is my request that Senate Bill 720 as amended, be recommitted back to the Registration and Education Committee of the House, the Interim Study Calendar."

"The Bill is on Third Reading. The Gentleman asks leave to move this Bill back to Interim Study."

"The committee of which it was heard, which is the Registration and Education committee."

"In Registration and Education Committee. Does he have leave? Hearing no objection, he has leave. The Bill goes back to Interim Study. Would all those not entitled to the House Floor please remove himself or herself, all persons not entitled to the House Floor. Members not entitled to the House Floor should not be admitted to this Assembly. Would they please leave. The 100  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 next Bill is Senate Bill 1001. Representative McPike. Clerk, read the Bill."

"Senate Bill 1001, a Bill for an Act to amend the Code of Civil Procedure. This Bill has been read a Second Time previously. No Committee Amendments."

"Any Floor Amendments?"

"Floor Amendments 1 thru 16, have been withdrawn by their Sponsors."

"Are there any further Amendments?"

"No further Amendments."

"Third Reading. Read the Bill on Third, Mr. Clerk."

"Senate Bill 1001, a Bill for an Act to amend the Code of Civil Procedure. Third Reading of the Bill."

"Representative McPike."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. This Bill sets a period of... sets a Statute of Limitations for actions to be brought against a Registered Public Accountant, two years from the time the person bringing the action knew or should have known of the cause, or five years after the occurrence which allegedly caused injury. I move for the passage of the Bill."

"The Gentleman has moved for the passage of Senate Bill 1001, and on that question, does anyone rise in opposition? The Gentleman from Morgan, Representative Ryder."

"As a Cosponsor to this Bill, and having worked through the Committee process, I stand in support of the Bill. It's well timed, its narrow in its focus and I believe it deserves passage."

"The question is, 'Shall Senate Bill 1001 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted 101  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 who wish? The Clerk will take the record. On this question, there are 108 voting 'aye, 2 voting 'no' and 2 voting *present'. This Bill, having receiving a Constitutional Majority, is hereby declared passed. Senate Bill 1047, Representative Hasara. Clerk, read the Bill."

"Senate Bill 1047, a Bill for an Act in relation to reading machines for the blind and visually handicapped. Second Reading of the Bill."

"Any Committee Amendments?"

"No Committee Amendments."

"Any Motions or Amendments?"

"Floor Amendment #1, offered by Representative Hasara."

"Representative Hasara."

"Thank you, Madam Speaker. Amendment #1 increases the number of machines to be placed in Chicago Public Libraries from six to twelve. This answers the concern that some of the Representatives from that area have with the Bill."

"The Lady has moved for the adoption of the Amendment #1 to Senate Bill 1047. And on that question, does anyone rise in opposition? Hearing none, the question is, Shall Amendment #1 be adopted?" All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes have it. The Amendment is adopted. Are there any further Amendments?"

"No further Amendments."

"Representative Hasara, a Fiscal Note has been filed on your Bill. The Bill has to remain on the Order of Second Reading until you comply with the Fiscal Note Act. The next Bill is Senate Bill 1297, Representative Churchill. Clerk, read the Bill."

"Senate Bill 1297, a Bill for an Act to repeal an Act and create Residential Mortgage Licensing Act. Second 102  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Reading of the Bill. Amendments #1, 2 and 3 were adopted in Committee."

"Any Motions or Amendments?"

"A Motion to table Amendment #2, offered by Representative Churchill."

"Representative Churchill."

"Thank you, Madam Speaker. We're going to go with a subsequent Amendment, that cleans up Amendments #2 and 3. I have filed Motions to table both #2 and #3 at this time."

"The Gentleman has moved to table Amendments #2 and 3. Are there any objections? Hearing none, the question is, 'Shall Amendments #2 and 3 be tabled?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendments are tabled. Are there any further Amendments?"

"Floor Amendment #4, offered by Representative Currie."

"Representative Currie. Withdraw the Amendment. Any further Amendments?"

"Floor Amendment #5, offered by Representative Churchill."

"Withdraw the Amendment. Any further Amendments?"

"Floor Amendment #6, offered by Representative Churchill."

"Representative Churchill."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Floor Amendment #6, is a technical cleanup of Amendments #2 and 3. In addition to the other exemptions that had been placed in 2 and 3, it also exempts National Banks as long as they are located in Illinois. And it says that all exempted facilities have to file their reports of mortgage activity with the Commissioner of Savings and 103  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day Loans."

"The Gentleman has moved for the adoption of Amendment #6 to Senate Bill 1297. Does anyone rise in opposition? Hearing none, the question is, 'Shall Amendment #6 be adopted?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

"No further Amendments."

"Third Reading. Representative Churchill asks leave for immediate consideration of Senate Bill 1297, as amended. Hearing no objection, he has leave. Read the Bill on Third, Mr. Clerk."

"Senate Bill 1297, a Bill for an Act to create the Residential Mortgage License Act. Third Reading of the Bill."

"Representative Churchill."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. This Bill rewrites and creates the Residential Mortgage License Act. Regulates and licenses those parties who wish to broker residential mortgages. It's a piece of legislation that has been worked on for several years. He now have the Commissioner of Banks and Trust Companies, the Commissioner of Savings and Loans, the Mortgage Brokers Association and the Realtors Association all in agreement with the Bill as it has been amended. I would ask for passage of this Bill."

"The Gentleman has moved for passage of Senate Bill 1297. And on that question, does anyone rise in opposition? Hearing none, the question is, 'Shall Senate Bill 1297 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the 104  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 record. On this question, there are lll voting 'aye', none voting 'no' and 2 voting 'present'. This Bill, having received Constitutional Majority, is hereby declared passed. Senate Bill 1298, Representative Churchill. Clerk, read the Bill."

"Senate Bill 1298, a Bill for an Act to establish the Illinois Savings and Loan Residential Mortgage License Fund. Second Reading of the Bill. Amendment 31 was adopted in Committee."

"Are there any Motions or Amendments?"

"No Motions filed. Floor Amendment... No further Amendments."

"Third Reading. Read the Bill on Third, Mr. Clerk."

"Senate Bill 1298, a Bill for an Act to establish the Illinois Savings and Loan Residential Mortgage License Fund. Third Reading of the Bill."

"Representative Churchill."

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. This is a companion Bill to the piece that we just passed. It creates the Deposit Fund, for the deposit of the various regulatory fees and monies collected, pursuant to the Bill that we just passed."

"The Gentleman has moved for the passage of Senate Bill 1298. And on that question, does anyone rise in opposition? Hearing none, the question is, 'Shall Senate Bill 1298 pass?' All those in favor signify by voting 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? The Clerk will take the record. On this question, there are ill voting 'aye', none voting 'no' and none voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. The next Order of Business is a Special Order of 105  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day State and Local Government, Third Reading. June 26, 1987 The first Bill is Senate Bill 172. Excuse me, Representative McCracken, for what reason do you object?"

"Speaker, you are telling everybody, whose Bill gets passed up for a first vote that you may not get back to it, you can't guarantee that, yet of any of the Bills called on Postponed Consideration, they are all Democratic Sponsored Bills. This is the Citizens Utility Board Bill. This has been debated at length, has been voted upon and you would have us go to a Bill on Postponed Consideration, before both your Members and our Members get a first crack at their Bills. Skip these Postponed Considerations, if time allows, we can get back to them. I don't object to accommodating the Sponsors if we can, but don't put them in the Calendar like this. Ask your Members and our Members to go back to Bills for a second time, when their own Bills have not been heard."

Speaker Breslin: "Representative... Excuse me, Representative Churchill, I note that you have a Bill on this Order. Did you wish to speak to this issue? Proceed Sir."

"Yes, I think we should leave the Bills that are on Postponed Consideration, on Postponed Consideration. There is a Bill that is coming up, that I have on this Order, that I was kind enough to take out of the record the other day, to accommodate Representative Capparelli. I'd hate to think that that Bill would get lost somewhere along the line, because we couldn't get to it, because we are considering Bills on Postponed Consideration. I think we ought to skip over the Postponed Consideration and go to the Bills that have not been heard yet." Speaker Breslin: rise?" "Representative Ewing, for what reason do you

"Madam Speaker, just to ask for some fairness. I have a 106  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Bill that isn't even on this Order. Probably will never get called, the rate we are moving. And this Bill is going to take a lot of time. 172 is going to take a lot of time and we're going to try and beat it again. I don't think any Sponsor on that side has that right to have that much time in this Body on deadline day. Now, this hasn't been the practice in the past. You have not put... we have left things on Postponed Consideration, as an Order of Business. Now, maybe we should just stop movement at all in this House until you get some fairness back in it."

"The Gentleman from McLean, Representative Ropp."

"Yes, Madam Speaker, a question of the Chair. How can... why is it that a Bill can be on two kinds of Special Orders? I mean, here you've got 172 on Special Order and it's also under Consideration Postponed. It seemed like you would have to separate them. You can't include one Bill on four or five different Orders."

"If there is a Special Order, they can be... under the Rules they can be provided on... if they apply to that subject matter, Sir."

"Well, why do you have it on Consideration Postponed, then?"

"Because it was a Bill that was heard once before and was postponed, for a later time. So, it fits under this..."

"Well, I certainly agree with all the previous Speakers, that you'd better take care of all the other Bills. The Senate's all ready done this. And I hate to give any credit to the Senate, but they have already gone through their whole Calendar one time, which was our Bills. They have already been through the whole list once."

"And we're trying to do that Representative 107  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 Ropp. Representative Matijevich, would you consider accommodating this Body as has been requested? Representative Matijevich."

"Madam Chairman, I'll accommodate the Body, at the present time. This is a very important Bill, and I think it should be passed. But for the moment, I'll accommodate the Body and ask the Chair to come back to it. I think I deserve another shot sometime today."

"Thank you, Sir. The next Bill is Senate Bill 360... Representative McCracken, for what reason do you seek recognition?"

"Point of Order, Madam Speaker."

"State your point."

"The Bill has not been on the Special Order for three days as required by the Calendar requirements in the Rules. It cannot be suspended except for an extraordinary majority. This Bill has not appeared on this Calendar for three days and is not in Order for that reason and cannot be called. Ask you to Rule on that, because the Gentleman's indicated he is going to request you to come back to it sometime today. And only if there is room and time for other people to get their Bills called, are we willing to accommodate a second vote. So, rule on the Motion, it has not been on the Special Order for three days, that Calendar requirement cannot be suspended except by a 71 vote."

"The Clerk will have to... are you referring your remarks to Senate Bill 172 or Senate Bill 360?"

"172."

"We have already taken Senate Bill 172 out of the record. The Gentleman has accommodated us. And we are going on to Senate Bill 360. Why are you rising in..."

"Okay, well when you get back to it then, I'll ask you 108  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day to Rule then." June 26, 1987

"Very good. This Bill is Senate Bill 360, Representative Keane's Bill. Read the Bill."

"Senate Bill 360, a Bill for an Act to increase the price for publishing legal notices. Third Reading of the Bill."

"Representative Keane."

"Thank you, Madam Speaker. I ask for leave to take this Bill back to Second Reading for purpose of an Amendment."

"The Gentleman asks leave to return this Bill to the Order of Second for the purposes of an Amendment. Does he have leave? Hearing no objection, he has leave. Are there any Amendments filed?"

"Floor Amendment #1, offered by Representative Keane."

"Representative Keane."

"Thank you, Madam Speaker. Floor Amendment #1 makes cognizance of a problem that Members on the other side of the aisle had when I presented this Bill earlier, and it provides an effective date of January 1, 1988. I'd move it's adoption."

"The Gentleman has moved for the adoption of Amendment #1 to Senate Bill 360. Is there any objection? Hearing none, the question is, 'Shall Amendment #1 be adopted?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

"No further Amendments."

"Third Reading. Read the Bill on Third, Mr. Clerk. Oh, excuse me, the Gentleman asks leave to bring this... to have immediate consideration of this Bill on Third, as amended. Does he have leave? Hearing no 109  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day objection, he has leave. June 26, 1987 Read the Bill, Mr. Clerk."

"Senate Bill 360, a Bill for an Act to increase the price for publishing legal notices. Third Reading of the Bill."

"Representative Keane."

"Thank you, Madam Speaker. I discussed this Bill on Third before. It deals with the fees charged by newspapers for publishing the list of Tax Deliquent Property and Assessment changes. This increases the rates for advertising deliquent tax lists and assessment lists. And as I mentioned just a moment ago, it takes effect January 1, 1988. Be happy to answer any questions. And ask for a favorable Roll Call."

"The Gentleman has moved for the passage of Senate Bill 360. Does anyone rise in opposition? The Gentleman from Vermilion, Representative Black."

"Thank you very much, Madam Speaker, I don't rise in opposition. I would just like to thank the Representative for addressing some very specific concerns in his Amendment that some of my constituents had and I appreciate his willingness to do that."

"The question is, 'Shall Senate Bill 360 pass?' All those in favor signify by voting 'aye', all those opposed vote 'no'. Voting is open. The Gentleman from Cook, Representative Kubik."

"Thank you, Madam Speaker. I'd just like to say for the record, I may have a potential conflict of interest, so I am voting 'present' on this Bill."

"Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 103 voting 'aye', 5 voting 'no', 3 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 370, 110  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Representative Matijevich. Clerk, read the Bill."

"Senate Bill 370, a Bill for an Act to amend the Liquor Control Act. Third Reading of the Bill."

"Representative Matijevich."

"Madam Speaker, Ladies and Gentlemen of the House. Senate Bill 370 is an attempt to remove provisions of an archaic Law from the Statutes. What it does, it allows Alderman, County Board Members and Trustees of Villages to run for public office, even though they may hold liquor licenses or be directly or indirectly associated with liquor licenses. For example, Representative Mautino, is a beer distributor and he can run for the Illinois House, but he could not run for Alderman or County Board. And not only that, truck drivers that may deliver beer for Representative Mautino, could not run for their Village Trustee or Alderman. The Bill would not allow a County Board President nor a Mayor or President of a Village Board to run if they are liquor licensees, because of their position as the one who directly controls the licenses. He also amended it to accommodate Representative Peterson. We had passed a Bill that Representative Ewing sponsored, which would allow, under certain circumstances, public buildings to be used... to allow alcoholic beverages. And the Amendment, only by inadvertence, we didn't allow Township Buildings and we amended it for that purpose. I think this removes the discrimination in the law that is very archaic. And I would move for the passage of it."

"The Gentleman has moved for the passage of Senate Bill 370. And on that question, does anyone rise in opposition? Hearing none, the question is, 'Shall Senate Bill 370 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the 111  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 record. On this question, there are 89 'ayes', 23 voting 'no'. And the Bill is passed. This Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 468. Representative Ewing, for what reason do you seek recognition?"

"Madam Speaker, just a personal note, those are beautiful flowers and we are glad you got them. He wanted to remember you."

"Thank you. Thank you. The next Bill is Senate Bill 468, Representative Novak. Clerk, read the Bill."

"Senate Bill 468, a Bill for an Act to amend an Act to regulate Ground Water Use. Third Reading of the Bill."

"Representative Novak."

"Thank you, Madam Speaker. Those are nice flowers. You certainly deserve them. Members of the Legislature, Senate Bill 468, amends the Water Use Act of 1983 and the Soil and Water Conservation Districts Act, to establish a process for regulating ground water withdrawals. in Kankakee and Iroquois Counties, specifically. This Bill is a result of some of the problems that are occurring in the eastern part of Kankakee County and the northeastern part of Iroquois County. The Bill is supported by the Illinois Association of Soil and Water Conservation Districts and the Illinois Department of Agriculture. We've had a lot of discussions with the Illinois Farm Bureau about this Bill. And they do have opposition to it. There is a very delicate problem going on in the east end of our county. A lot of people do not have any availability for water, to take a bath or to consume, for the ordinary dealings of life every day. And we have irrigators out in the eastern end of the county, that need water to irrigate their crops so they can make a reasonable living. We're in constant communication with 112  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 the Farm Bureau, the local Farm Bureau, in Kankakee County. And, with the Department of Agriculture and with the Representatives of the Farm Bureau and with the Representatives of the irrigators and also the citizens that are affected by this water problem. And we hope to resolve this situation soon. But, I urge the adoption of this Bill, because I think... I believe it's a good step forward to ameliorate this problem that is out in the eastern end of the County. And I ask for an 'aye' vote. Thank you."

"The Gentleman has moved for the passage of Senate Bill 468. Does anyone rise in opposition? The Gentleman from Vermilion, Representative Black."

"Thank you very much, Madam Speaker. Will the Gentleman yield?"

"He will."

"Representative, I think you did mention the dispute you're having with the Farm Bureau, but just for the record, the Farm Bureau is opposed to this Bill, as it stands. Is that correct? Thank you, very much."

"The Gentleman from Rock Island, Representative Brunsvold."

"Thank you, Madam Speaker. Will the Gentleman yield for a question?"

"He will."

"Representative Novak, how would this... the Bill indicates the district would have emergency powers... power to restrict withdrawals of wells that are producing over 100,000 gallons of water per day. Now how does that affect small municipalities and villages?"

"That has nothing to do with that. The soil and water conservation districts, Representative, would... can recommend to the Department of Agriculture to place 113  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day restrictions on the wells."

June 26, 1987 "So this would not... they would not have any power over any municipality to control their water consumption?"

"No, not from my understanding."

"Thank you."

"The question is, 'Shall Senate Bill 468 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Gentleman from DuPage, Representative McCracken, asks for a verification if this gets the requisite number. Representative Braun. Well, we haven't gotten to that point yet. Have all voted who wish? The Clerk will take the record. On this question, there are 64 voting 'aye', 49 voting 'no' and none voting 'present'. Representative McCracken, do you persist in your request for verification? He does. Representative Braun asks leave to be verified. She has leave to be verified. Proceed with the Poll of the Affirmative, Mr. Clerk."

"Poll of the Affirmative. Berrios. Bowman. Braun. Breslin. Bugielski. Capparelli. Christensen. Cullerton. Curran. Currie. Daley. Davis. DeJaegher. DeLeo. Didrickson. Dunn. Farley. Flinn. Flowers. Giglio. Giorgi. Granberg. Greiman. Hartke. Hicks. Homer. Jones. Keane. Krska. Kulas. Laurino. LeFlore. Leverenz. Levin. Martinez. Matijevich. Mautino. McGann. McNamara. Mc Pike. Morrow. Novak. O'Connell. Panayotovich. Phelps. Preston. Rea. Rice. Richmond. Ronan. Saltsman. Satterthwaite. Shaw. Steczo. Stern. Sutker. Terzich. Turner. Van Duyne. Williams. Wolf. Anthony Young. Wyvetter Younge and Mr. Speaker."

"Do you have any questions of the Affirmative, Mr. McCracken? Proceed." 114  69th Legislative Day STATE OF ILLINOIS 85th GENERAL AS SEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987

"Yes, thank you. Representative Levin?"

"Representative Ellis Levin. Is the Gentleman in the chamber? He is not, remove him. Representative Brunsvold seeks recognition. Representative Brunsvold."

"Madam Speaker, change my vote to 'aye please."

"Change Representative Brunsvold to 'aye'. Proceed, Mr. McCracken."

"Representative DeLeo?"

"Representative DeLeo, Jim DeLeo, is the Gentleman in the chamber? He is."

"Representative Williams?"

"Representative Williams is in the chamber."

"Representative Richmond?"

"Representative Bruce Richmond. Is the Gentleman in the chamber? He is not. Remove him from the Roll Call."

"Representative Terzich?"

"Representative Bob Terzich? The Gentleman is not in the chamber, remove him from the Roll Call."

"Representative Saltsman?"

"Representative Saltsman? Don Saltsman. Is the Gentleman in the chamber? He is not, remove him from the Roll Call."

"Representative Turner?"

"Don Saltsman has returned to the chamber. Add him to the Roll Call voting 'aye'."

"Representative Turner?"

"Representative Turner? Art Turner. Is the Gentleman in the chamber? He is not, remove him from the Roll Call."

"Representative Mautino?"

"Representative Mautino is in the chamber."

"Representative Flinn?" 115  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

Gentleman is not in the chamber. "Representative Flinn? Monroe June 26, 1987 Flinn? The Remove him from the Roll Call."

"Representative Giglio?"

"Representative Giglio is in the chamber."

"Representative Hicks?"

"He's in his seat."

"Representative Panayotovich?"

"Representative Panayotovich is in the chamber."

"Representative Christensen?"

"Representative Christensen? Ray Christensen. The Gentleman is not in the chamber. Roll Call."

"Representative Van Duyne?"

"Representative Van Duyne?"

"He's here, I saw him.

Remove him from the Representative Keane?" "He's in the chamber."

"Representative Didrickson."

"Representative Didrickson. The Lady is not in the chamber. Remove her from the Roll Call."

"Nothing further." "Representative Van Duyne. You are recorded as voting 'aye and you were not removed, Sir. On this question, there are 58 voting 'aye'... Hannig changes his vote from no Representative to 'aye'. Sir. Representative Huff? You are not recorded as voting, How would you like to vote? He would like to vote aye. There are 60 votes... 60 voting 'aye', 47 voting and none voting *present'. This Bill, having received a Constitutional Majority, is hereby declared passed. The next Bill, is Senate Bill 483, Representative Churchill. Clerk, read the Bill."

"Senate Bill 483, a Bill for an Act in relationship 116  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 to Counties. Third Reading of the Bill."

"Representative Churchill."

"Thank you, Madam Speaker. I'd like leave to bring this back to Second for the purpose of an Amendment."

"The Gentleman asks to bring this Bill back to Second. Is there any objection? Hearing none, he has leave. Are there any Amendments filed, Mr. Clerk?"

"Floor Amendment #3 is being offered by Representatives Capparelli and Barnes."

"Representative Capparelli."

"I'd like to table this Amendment please."

"Withdraw the Amendment. Are there any further Amendments?"

"Floor Amendment #4, offered by Representative Capparelli and Barnes."

"Representative Capparelli."

"Thank you, Madam Speaker. Amendment #4 is actually the same Amendment as we had offered last week. But we had a problem on our side of the aisle, it's been corrected. And I'd move for adoption of Amendment #4."

"The Gentleman has moved for the adoption of Amendment #4 to Senate Bill 483. Is there any objection? Hearing none. the question is, 'Shall Amendment #4 be adopted?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes have it. The Amendment is adopted. Are there any further Amendments?"

"There are no further Amendments."

"Third Reading. Representative Churchill asks leave for immediate consideration of this Bill, as amended. Does he have leave? Hearing no objection, he has leave. Read the Bill on Third."

"Senate Bill 483, a Bill for an Act in relationship 117  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 to Counties. Third Reading of the Bill."

"Representative Churchill."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. The underlying Senate Bill 483, establishes a planning power for the County Board, by which they can develop a County Wide Solid Waste Committee, which can develop and implement a solid waste management plan. It provides for the procedures and the regulatory powers for the County Board to put that plan into place. And grants the County Board the power to produce and sell any product, resulting from the storage treatment or disposal of that waste. In addition, there have been a couple of Amendments put on the Bill. One for Representative Rea, for a Civic Center in one of his Communities. And then just now the Amendment that Representative Capparelli talked about. I'd ask for passage of the Bill."

"The Gentleman has moved for the passage of Senate Bill 483. And on that question, does anyone rise in opposition? Hearing none, the question is, 'Shall Senate Bill 483 pass?' All those in favor signify by voting 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 111... Representative Le Flore votes 'aye'. There are 112 voting 'aye', none voting 'no' and 2 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 535, Representative White. Out of the record. Senate Bill 655, Representative DeLeo. Clerk, read the Bill. Representative DeLeo?"

"Thank you, Madam Speaker, Members of the House. I submitted a slip earlier to ask that Senate Bill 655 be put in Interim Study."

"Very good. That will be done." 118  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DESATE 69th Legislative Day

"Thank you."

Speaker

June 26, 1987 "Representative Curran, for what reason do you seek recognition? Is someone seeking recognition for Representative Curran? With leave of the Body, we'll go back to Senate Bill 535. Representative Curran, has authorization to handle that Bill with leave of the Body. Does he have leave? Hearing no objection, he has leave. Read the Bill, Mr. Clerk."

"Senate Bill 535,

Illinois Public Aid Code. Speaker Breslin: "Representative Curran." a Bill for an Act to amend the Third Reading of the Bill."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Senate Bill 535 has received no negative votes in either the House or the Senate to this point. establishes a basis for determining rules for reimbursement of facilities, such as the Hope School here in Springfield where people are... have two disabilities: either they're blind, developmentally disabled, emotional handicaps, speech impairments, total verbal ability... inability, or severe physical handicaps. What this Bill does, is establishes a special rate system for reimbursing these facilities and I think it's an excellent idea. Representative White passed a similar Bill here just a few weeks ago. I think we ought to pass this Bill as well1 and I rise in support and ask for a favorable Roll Call." It

Speaker Breslin: "The Gentleman has moved for the passage of Senate Bill 535. Does anyone rise in opposition? The Gentleman from Morgan, Representative Ryder."

"Thank you. Would the Sponsor yield please?"

"He will. He will."

"Thank you. Representative, my reading of this Bill, and as I followed it through the Committee, indicates that, definition, it does only benefit one school, which is the by 119  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day Curran: June 26, 1987 Hope School here in Springfield. Is that right?" "That's not to say that other facilities couldn't be created, but there's only one facility that exists with that kind of a situation."

"And it would be fair to say that what has happened in this circumstance is that we have written a definition that although it would be open to others, a definition that covers at this point, only the Hope School in Springfield."

"That's correct."

"And isn't it true that it would be necessary for the Department of Public Aid to actually revise their documents, revise their categories in order to cover this new procedure and new payment schedule that you're indicating?"

"What the idea here would be is to have the Department do that, but we need to understand that the people who are being served here come from all around the world, actually. There could be other facilities set up to help the people with these dual or triple disabilities, and they could be set up here in Illinois, and they would apply categorically to all those facilities in the state."

"That's the 'could be', but the point is that right now, we're just talking about one school that currently qualifies to these, and you've answered that."

"That's true. That's true."

"And as a result of this, they're going to receive more money."

"No, there's no appropriation associated with this Bill and no appropriation necessarily, either, associated with this Bill."

"My understanding of this Bill, and you may correct me if I'm wrong, but in Committee as we followed this through, the Sponsor... or the other Sponsor of the Bill indicated 120  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 that it would cost about 267,000 dollars a year extra, over and above what they're receiving now. I realize that there's... "

"Well, we understand... "

"Go ahead. I'm sorry."

"I'm hearing out of my other ear that it's been revised Ryder: downward, and it's, as you know, an estimate." "Right. But what it... to the Bill. Thank you, Speaker. To the Bill. Ladies and Gentlemen, I reluctantly stand in opposition to this Bill in deference to those who are sponsoring it and also in deference to the Hope School, which is a fine institution and does wonderful work. The problem is that we're creating a special category for a school, creating rules for just one school, and obligating the state to pay approximately 250,000 dollars more per year for this one particular school. I rise in opposition to the Bill, and I would indicate that a red vote would be appropriate."

"The Gentleman from Bureau, Representative Mautino."

"Thank you, Madam Speaker. Will the Gentleman yield?"

"He will."

"Representative, currently, what is the formula from Public Aid for the institutions, statewide... that would be... that could benefit from their programs?"

"It's based on an average rate for all different types of facilities."

"Is the rate currently today the same for Winning Wheels as it is for the Hope School?"

"Yes."

"Winning Wheels has the same type of individuals in that school as you have with Hope, is that correct? You're familiar with Winning Wheels? Paraplegics, disabilities, 121  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 people in wheelchairs... "

"No, it is not... what happens at Hope School is, you have those kinds of disabilities, but you have them doubled up. You'll have somebody who is blind, plus developmentally disabled - they're blind, plus retarded. They're blind, plus severely physically disabled..."

"The same as Winning Wheels. Very similar cases, almost identical."

"Then, if that is the case, then this legislation would apply to more than just one institution in the state. It would not be special legislation."

"How would that occur, according to your definition of the change? The problem we have is established on or before July 1st of '87. Would they then fall in that same category or would they not?"

"Is Winning Wheels mostly physically handicapped?"

"One hundred percent combination of both, either physically disabled and also in a wheelchair because of an accident or from a disease."

"You mean, they're not only physically disabled, but also in a wheelchair? Is that their double disability?"

"Yes."

"Did you hear my question?"

"Would they qualify... Yes, I heard your question. My question to you is, will they qualify?"

"I don't think they would qualify if the *double" would be physically disabled and in a wheelchair, but if they were physically disabled and visually impaired or physically disabled and total lack of verbal ability or physically disabled in any continent."

"Two final questions, and I'll relate them to Winning Wheels. They passed a local bond authorization, they raised funds. Approximately 80 percent of those funds are 122  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 provided by the local level because of the current formula. How much has Hope School done in that regard for themselves as well?"

"This... I don't know. This isn't my legislation. This is Representative White's Bill that I'm handling as a Chief Cosponsor because he's not here."

"To the Bill, then, if I may, Madam Speaker."

"Proceed. You only have 45 seconds left, Sir."

"Well, I think you have a fine idea to help those in need. The problem that occurs is, I believe there are more than one facility in this state that should be addressed within that formula. If, in fact, we make only one... this provision for this one school, I think it's totally unfair to other areas where those same type of individuals are residing at this time. I really don't know how to vote on it, to be honest with you, Mike. My feeling is to vote against it for specific... specifically, only one institution being involved."

"Representative Hasara."

"Thank you, Madam Speaker. I rise in support of the Bill. I happen to sit on the Board of the Hope School, and I can tell you that this Bill originated when the administrators of the school invited Representative Jesse White out to look at their facility. Jesse left that school with tears in his eyes and said he would be delighted to guide this piece of legislation through this Assembly, which he has done in a marvelous fashion. I can assure everyone in this Body that there is a big difference between someone in a wheelchair who's physically handicapped and any individual at the Hope School. Springfield has, indeed, raised local funds for the school. However, you must realize most of the residents are from outside of the city. In fact, most of them from Illinois 123  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 are from the Chicago area, and so that has been one of the problems, trying to raise funds locally. Indeed, the residents come from Illinois, from every other state in the union and from all over the world. Thank you."

"The question is, Shall Senate Bill 535 pass?" All those in favor vote aye, all those opposed vote 'no". Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 64 voting 'aye', 33 voting 'no' and 13 voting present". Representative McCracken."

"For a verification, Madam Speaker."

"The Gentleman requests a verification. Are you sure? He persists. Read the Poll of the Affirmative, Mr. Clerk."

"Poll of the Affirmative. Barnes. Berrios. Braun. Breslin. Brunsvold. Bugielski. Capparelli. Christensen. Cullerton. Curran. Daley. Davis. DeJaegher. DeLeo. Doederlein. Dunn. Farley. Flinn. Flowers. Virginia Frederick. Giorgi. Greiman. Hannig. Hartke. Hasara. Jones. Keane. Krska. Kulas. Laurino. LeFlore. Leverenz. Martinez. Matijevich. McAuliffe. McGann. McNamara. Mc Pike. Morrow. Mulcahey. Novak. O'Connell. Robert Olson. Panayotovich. Phelps. Preston. Rea. Rice. Richmond. Ronan. Ropp. Saltsman. Shaw. Steczo. Stern. Sutker. Terzich. Turner. Williams. Wojcik. Wolf. Anthony Young. Wyvetter Younge and Mr. Speaker."

"Representative Shaw, for what reason do you rise?"

"Change me from aye' to 'no', please."

"Change Representative Shaw to 'no". He changed to no, Sir. Do you object? Do you have any questions of the Affirmative?" 124  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987

"Yes, Madam Speaker. Thank you."

"Representative Matijevich asks leave to be verified, Representative McCracken."

"Yes."

"... As does Representative Laurino."

"Yes."

"They both have leave. Proceed."

"Representative Flinn."

"Representative Flinn. The Gentleman is not in the chamber. Remove him from the Roll Call."

"Representative Richmond."

"Representative Richmond. The Gentleman is not in the chamber. Remove him from the Roll Call."

"Representative Christensen."

"Representative Christensen. The Gentleman is not in the chamber. Remove him from the Roll Call. Representative McCracken. Would you turn on Representative McCracken, please?"

"You may want to recognize Representative Barnes."

"Representative Barnes."

"How am I recorded?"

"You're recorded as voting 'aye'."

"Would you please change my 'aye' to 'no'."

"Change the Lady's vote to 'no'."

"Representative Braun."

"Representative Braun. Carol Braun. Is the Lady in the chamber? She is not. Remove her from the Roll Call."

"Representative Farley."

"Representative Farley is in the chamber."

"Representative Hartke."

"Representative Braun has returned to the chamber. Add her to the Roll Call voting 'aye', and 125  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE Representative Hartke is in the chamber."

"Representative Rea." June 26, 1987

"Representative Rea. Representative Jim Rea. The Gentleman is not in the chamber. Return him... Take him off of the Roll Call, but the Governor has joined us. Would the Governor like to vote for this Bill? Welcome, Sir. Representative Steczo asks leave to be verified. The Gentleman has leave."

"Representative Keane."

"Representative Keane is in the chamber."

"Representative Hartke."

"Representative Hartke is being harassed by the Governor."

"Representative Mulcahey."

"Representative Mulcahey is in the chamber. Representative Christensen has returned to the floor. Add him to the Roll Call, voting 'aye'."

"Representative Bowman."

"Representative Bowman. Representative Woods Bowman is voting 'present'."

"Okay. I'm sorry. Representative DeLeo."

"Representative DeLeo. Jim DeLeo is in the chamber."

"Representative McAuliffe."

"Representative McAuliffe is not in the chamber. Remove him from the Roll Call."

"Representative Huff."

"Representative Huff? Doug Huff?"

"I'm sorry. He's present'. Nothing further."

"On this question, there are 58 voting 'aye', 34... 35 voting 'no', and 12 voting 'present'. Representative Levin, for what reason do you rise?"

"... Recorded?" 126  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

June 26, 1987 "You're recorded as voting "present", Sir."

"Vote me "aye."

"Representative Shaw changes Levin votes 'aye'. Representative his vote from 'no' to 'aye'. On this question, there are 60 voting 'aye, 34 voting "no" and 12 voting 'present'. Constitutional Majority, This Bill, having received a is hereby declared passed. With leave of the Body, in order to accommodate Representative Rice, I would like to go to the Order of Public Health, just for one Bill. That Bill is Representative Rice's Bill, Senate Bill 942. Clerk, read the Bill." 942, amend the Funeral

"Senate Bill on page 11 of the Calendar. Senate Bill 942, a Bill for an Act to Directors and Embalmers Licensing Act. the Bill. Second Reading of Amendment #1 was adopted in Committee."

"Any Motions or Amendments?"

"Floor Amendment 2, is being offered by Representatives Rice and Shaw."

"Representative Rice."

"This Amendment... this Amendment makes this Bill... it's changed from the enacting clause to be presented in the... Is she listening to me?"

"Representative Rice, as I understand it this is an agreed Amendment. Just tell us what it does."

"The Amendment is the Bill. So it can go into Conference Committee, for additional... "

Speaker Breslin: "I see. The Gentleman has moved for the adoption of Amendment #2 to Senate Bill 942. Is there any objection? Hearing none, the question is, Shall Amendment #2 be adopted?" All those in favor signify by saying 'aye', all those opposed say 'no'. In the opinion of the Chair, the ayes have it. The Amendment is adopted. there any further Amendments?" Are 127  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"There are no further Amendments."

"Third Reading.

"Senate Bill 942, June 26, 1987 Read the Bill, Mr. Clerk." a Bill for an Act to amend the Funeral Directors and Embalmers Licensing Act. Third Reading of the Bill." "Representative Rice."

"We would like for you to vote on this, at this particular time, so it can remain open for an agreement vehicle."

"The question is, Shall Senate Bill 942 pass?' Any objections? Hearing none. We'll vote on the question. The question is, Shall this Bill pass? All those in favor vote aye", all those opposed vote 'no". Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question... Representative Panayotovich votes 'aye'. On this question, there are 102 voting 'aye", 2 voting 'no' and 5 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Now going back to the Special Order of State and Local Government, Third Reading, the next Bill is Senate Bill 929. Representative Ryder. Clerk, read the Bill."

"On page 3 of the Calendar, Senate Bill 929, a Bill for an Act to amend the Illinois Public Aid Code. Third Reading of the Bill."

"Representative Ryder."

"Thank you, Madam Speaker. I'd ask leave of the House, to return this Bill to the Order of Second Reading for the purposes of an Amendment."

"Does the Gentleman have leave to return this Bill to the Order of Second for an Amendment? Hearing no objection, he has leave. Are there any Amendments filed, Mr. Clerk?"

"Floor Amendment #1, offered by Representative 128  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day Ryder."

"Representative Ryder." June 26, 1987

"Thank you. The purpose of this is to provide that the Department of Public Aid is authorized to exchange information with the Department of Corrections in order to verify list and rolls, for the purpose of the administration of this Code. And I'd ask adoption of the Amendment."

"The Gentleman has moved for the adoption of Amendment #1 to Senate Bill 929. Does anyone rise in opposition? The Gentleman from... the Gentleman from... is there any opposition? Hearing none, the question is, 'Shall the Amendment be adopted?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the ayes have it. The Amendment is adopted. Are there any further Amendments?"

"No further Amendments."

"Third Reading. Representative Ryder asks leave for immediate consideration of this Bill, as amended. Does he have leave? Hearing no objections, he has leave. Read the Bill on Third."

"Senate Bill 929, a Bill for an Act to amend the Illinois Public Aid Code. Third Reading of the Bill."

"Representative Ryder."

"In addition to the Amendment, which we previously explained and was adopted, the Bill also relieves the Department of certain legal requirements for the responsibility and recruitment of some staff and agency... or agency staff. I would ask for a favorable vote on the Bill."

"The Gentleman has moved for the adoption... the Gentleman has moved for the passage of Senate Bill 929. And on that question, the Gentleman from Cook, 129  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Representative Cullerton."

"Will the Sponsor yield?"

"He will."

"I did understand the Amendment, but I did not understand the original Bill. Our analysis says it appears to be a vehicle. Is that accurate?"

"Not with the Amendment on it."

"Well, I understand what the Amendment does. Is the original Bill a vehicle or does that do anything?"

"The original Bill, as a result of the Department's own internal audits reflected the need to delete from them, some requirements that they recruit... that the Department Staff be recruited by the Department's Bureau of Staff Development. And this will relieve them of that obsolete legal requirement."

"Well, who's the Department of... this Bureau of Staff Development?"

"The Training Bureau. CMS is now responsible for that, rather than the Department. So to say that the Department had to do it, was no longer operative."

"I think I understand, this deals with personnel matters at the Department of Public Aid. That's why I was curious what this does. And so now you don't have to follow the... if you want to hire somebody, at the Department of Public Aid, they don't have to be recruited by the Department's Bureau of Staff Development. They can be recruited by say maybe the second floor, the Governor's office."

"I sincerely hope not. I think that CMS is the authority to do that, these days."

"Oh, I see. Thank you."

"Any further discussion? Hearing none, the question is, 'Shall Senate Bill 929 pass?' All those in 130  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day favor vote 'aye', those opposed vote 'no". Have all voted who wish? Representative... June 26, 1987 Voting is open. 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' and none voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 935, Representative Mays. Out of the record. Senate Bill 1096, Representative Ronan. Clerk, read the Bill."

"Senate Bill 1096, on page 7 of the Calendar, a Bill for an Act to amend the School Code. Second Reading of the Bill. Correction, Third Reading of the Bill."

"Thank you, Madam Speaker and Members of the House. Senate Bill 1096 amends the School Code, specifies that falsification of data for State Aid Claims is perjury. This is an outgrowth of an Hispanic Dropout Task Force, that I served on about three years ago. It was a House Joint Senate Task Force. One of the things that we determined after numerous hearings, with the State Board of Education, that one of the biggest problems that we have in determining dropout rates and in determining what we can do about those dropout rates, is to make sure that the State is gathering accurate information from schools. What this Bill is going to do is, it is going to mandate that the people who gather that information and then sign an attendance status, actually has to do it. And is going to be held liable if they don't give accurate information to the State. If we are really going to do something about dropouts, if we are really going to determine how our educational systems are working in this State, we have to hold people accountable who are supplying information to this State in order to get reimbursement. I think it is a good solid concept. And I'll be glad to answer any 131  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day questions concerning Senate Bill 1096." June 26, 1987

"The Gentleman has moved for the passage of Senate 3ill 1096. And on that question, is there any discussion? Hearing none, the question is, 'Shall Senate Bill 1096 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Lady from Cook, Representative Davis. One minute to explain her vote."

"Madam Speaker and Ladies and Gentlemen of the House. I feel that this type of legislation implies, that professional teachers or administrators are dishonest. Therefore, I must vote 'no'. I feel that maybe some other method of keeping attendance, needs to be mandated, however, I do not feel falsified records are sent to the State."

"Have all voted who wish? The Clerk will take the record. On this question, there are 110 voting 'aye', 1 voting 'no' and 2 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1270, Representative Deuchler. Clerk, read the Bill. Do you want this Bill called, Representative Deuchler? It deals with an Amendment of the School Code, withholding information on child abuse. Out of the record. Senate Bill 1421, Representative Phelps. Clerk, read the Bill."

"Senate Bill 1421, a Bill for an Act to provide for the regulation of Bed and Breakfast Establishments. Third Reading of the Bill."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Senate Bill 1421, actually creates the Bed and Breakfast Act. Bed and Breakfast practice has been one that has been carried on throughout the State and of course the nation as a very effective attraction for tourism. Not 132  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 only in Southern Illinois, but I think the whole State, offers a lot for tourism attraction by this kind of program. What this Bill does, is actually define what Bed and Breakfast establishment is. It also does not... is a little more lenient on the regulation that some of the people who have set up their Bed and Breakfast establishments throughout the State, have been regulated as Hotel and Motel Restaurant accommodations, which is not the intent of the attraction, in place. So this Bill defines and also a more lenient regulation as a Bed and Breakfast isolated type program. Appreciate your support."

"The Gentleman has moved for the passage of Senate Bill 1421. And on that question, does anyone rise in opposition? The Lady from Kane, Representative Doederlein."

"Madam Chairman and Ladies and Gentlemen of the House. Will the Sponsor yield to a question?"

"He will."

"Many universities use this as a fund raising, where through your alumni news you have Bed and Breakfast Clubs. Is this going to hurt them?"

"Representative, I believe that it will accommodate and maybe even strengthen that type of practice."

"Well, I'm sure many homes don't want to put smoke detectors in all their bedrooms. This would kind of hurt them, because they would have to apply to that rule, wouldn't they?"

"Well, the only thing this requires the counties and municipalities to regulate, license and inspect, the Bed and Breakfast establishments. That will be something that will be taken under consideration. I don't think it's as strictly applied as you are indicating."

"Then if the Alumni Association has a person in a 133  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 home, like in Dundee, they would have to go to the building code person there to be licensed?"

"There is a difference between permanent Bed and Breakfast establishment than those who are just looking at it as a part-time basis."

"Thank you."

"Does anyone rise in opposition? The Lady from Lake, Representative Stern."

"Madam Speaker, I'm not opposing, I don't think exactly. The Village of Northbrook asked me to vote against this, unless it was amended in such a way as to make it a local option. Has it been so amended?"

"Representative Stern, I don't think that it has been amended with that intention in mind. But, the locals understand that they do have the option to go about their regulation and guidelines, that we are seeking to this legislation. But, it hasn't been amended to assure that. I don't want to mislead you."

"Thank you. Thank you."

"The question is, 'Shall Senate Bill 1421 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 102 voting 'aye', 8 voting 'no' and 3 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1482, Representative Hicks. Clerk, read the Bill."

"Senate Bill 1482. On page 8 of the Calendar. A Bill for an Act in relationship to the protection, preservation and management of groundwater of the State of Illinois. Third Reading of the Bill."

"Representative Hicks."

"Thank you, Madam Speaker, I'd like leave of the House to 134  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 69th Legislative Day return this Bill to the Order of Second Reading, for the purpose of an Amendment."

"The Gentleman asks to return this Bill to Second. Does he have leave? Hearing no objection, he has leave. Are there any Amendments filed, Mr. Clerk?"

"Floor Amendment #2, offered by Representatives Hicks, McPike and Peterson."

"Representative Hicks."

"Thank you, Madam Speaker. Amendment #2 to the Bill, becomes the Bill, deleting everything after the enacting clause. This Bill is a comprehensive groundwater Bill, here in Illinois, that has been worked on for sometime. As far as I know, the Bill is agreed to by all parties involved in the negotiations from the Illinois Manufacturers Association to the Environmental Council, the Pollution Control Board. I'll be happy to try to answer any questions."

"The Gentleman has moved for the adoption of Amendment #2. And on that question, the Gentleman from Lake, Representative Peterson."

"Yes, Madam Speaker, I would like to agree with Representative Hicks. This is an agreed Amendment, and I urge passage or adoption of this Amendment."

"Representative Ropp."

"Thank you, Madam Speaker. Would the Sponsor yield?"

"He will yield to a question."

"Does this Amendment now, affect or not allow... let's say, a local unit of government to drill water, in order to substantiate their need? In any way shape or form?"

"No, Sir, I don't believe it restricts a local community from drilling a water well in anyway. It simply sets... puts in setback requirements for wells, to try to protect the current water that's available to those communities. 135  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 It sets for drilling of injection wells and that type of thing. Also puts some other restrictions concerning industry and how close to certain types of industry, wells could be drilled."

"Does it establish any provisions, if in fact, you meet all those guidelines and lets say some farmers well goes dry anyway. Is there any... lets say compensation that is given the farmer or what protection does he have other than this setback requirement, any?"

"Representative Ropp, as I understand your question, if it is a private well, then certainly negotiations have to go on for the drilling of that well, for any compensation that would be... that would come about."

"In other words that is understood, in the Bill... in the Amendment?"

"Yes, Sir, that is correct."

"Okay, thank you."

"The question is, 'Shall Amendment #2 be adopted?' Representative Parke, do you have questions? Remember that the Amendment becomes the Bill. So you can ask questions on the Bill, in a moment, if you wish."

"Thank you, Madam Speaker. What in fact I am asking for is that on Senate Bill 1421, I'd like to be recorded as 'yes' on that vote."

"The transcript will reflect that. The question is, 'Will Amendment #2 be adopted?' All those in... the question... the question is, 'Shall Amendment... Representative Wojcik, for what reason are you seeking recognition?"

"I am seeking recognition for the same purpose that Representative Parke did. I'd like to have an 'aye' vote."

"You interrupted someone elses Bill."

"I understood, but it is perfect timing, since your are 136  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 69th Legislative Day doing it now."

"Representative Wojcik, the transcript will reflect that you wish to have recorded 'aye' on Senate Bill 1421. Is that right?"

"Yes. Thank you."

"The question before this Body is, 'Shall Amendment #2 be adopted?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

"No further Amendments."

"Third Reading. Representative Hicks, asks leave for immediate consideration of Senate Bill 1482, as amended. Does he have leave? Hearing no objections, he has leave. Read the Bill on Third."

"Senate Bill 1482, a Bill for an Act in relationship to the protection, preservation and management of groundwater in the State of Illinois. Third Reading of the Bill."

"Representative Hicks."

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. House Bill... excuse me, Senate Bill 1482, as amended, does several things with the groundwater in the State of Illinois, and sets a comprehensive groundwater package. It basically establishes setback zones and buffer zones of two to four hundred feet in which no new drinking water wells may be drilled. No new potential sources of contamination may be located in those type of setback zones. It also defines industrial contamination sources, which are subject to the setback zones provisions. It allows for a thousand foot setback, for zone to be established by the Pollution Control Board, which regulates local ordinances for community water wells, only. It does 137  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 several other things, I'd be happy to try to answer any other questions anyone may have."

"The Gentleman has moved for the passage of Senate Bill 1482. And on that question, the Gentleman from Lake, Representative Peterson."

"Thank you, Madam Speaker. Will the Sponsor yield?"

"He will. He will."

"Thank you. Representative Hicks, in Section 8 of the Groundwater Protection Act, there is a provision dealing with the application of non-degradable degradation principle... the non-degradation principle. Will this provision allow for discharges into groundwater?"

"Representative Peterson, yes it would. The concept of non-degradation must be considered along with the water use. Certainly, we would expect that in drinking water aquifers, the water would not be degraded below drinking water standards themselves or treatability levels. In other uses, non-degradation would be based upon the use of the water itself."

"Thank you. In addition the Pollution Control Board will adopt groundwater standards, not drinking water standards. What's the reason for this distinction?"

"Yes, Representative Peterson, drinking water standards would be very protective. In some cases drinking water standards apply only in the aquifers and others treatment at that point of use would be considered. Groundwater standards on the other hand, must be less restrictive based upon water use and potential use or treatability of that water."

"Thank you. I have another question regarding the setback zones. When the setback zones are established in the Act are they all lateral measurements of say 200 or 400 feet at the surface?" 138  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"Yes, they are." June 26, 1987

"And one last question, i Section 6B of the Act, deals with providing alternate water supplies, if someones well is contaminated. Certainly this is an excellent provision intended to protect the public health. based on applicable groundwater standards? Is this decision And am I right that for the purposes of Section 6B, application standards means drinking water standards?"

"Yes, Representative Peterson, groundwater standards might be different than drinking water standards. But drinking water standards are intended to protect the public health and should prevail under Section 6B of the Act."

"Thank you, Representative, that's all the questions I have on this particular Bill."

"The Gentleman from Warren, Representative Hultgren."

"Will the Sponsor yield?"

"He will."

"I have been reading through our analysis and if I understand right?" this applies only to community wells. Is that

"No, Representative, it does include private wells and setback requirements based on those, it is not just community wells."

"So, if I wanted to drill a well, a new well, on my 160 acres I would have to have approval under this Act?"

"No, Representative, if you wanted to drill on your own property and as long as you are not drilling a well within the current requirements of 200 feet of an existing well, as far as, an injection well goes, if you are just drilling a private approval." water well, you would not have to have prior

"One other question then with regard to a community 139  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 well, if there is a small subdivision in a rural area, but it's unincorporated and three or four neighbors have a water well agreement and want to drill a new well. Is that a community well? Where it is not a governmental entity that's drilling the well, but private land owners by contractual agreement?"

"I believe, Representative, in the Act there is a condition for semi-private wells and I would think that that would fall under the semi-private use, not as a community well itself, with the situation as you described it."

"Then... how does the Act affect the semi-private well?"

"You would... Under current regulations, you would have to be permitted by Public Health and this Act would not change those current regulations."

"Thank you."

"The Gentleman from Winnebago, Representative Hallock."

"Thank you. Will the Sponsor yield for a question?"

"He will."

"I notice that a definition of units is included. It appears that setback in technical standards would apply to discreet operations such as impoundment rather, than to the entire facility or plant, is that correct?"

"Yes, Representative, the intent is not to regulate something that is already being regulated. Rather, we've picked out specific operations or units which would be regulated. For example, an entire refinery would not be regulated, but a waste pile on that property possibly could be regulated."

"Thank you. Further... the board under this is required to adopt appropriate regulations by a certain 140  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day time. Am I board to hold if June 26, 1987 correct to assume that the intent is for the hearings, gather evidence and adopt regulations regulations if the evidence so indicates?" the record SO warrants?

And not adopt Hicks: "Yes, Representative, that's correct. It should be clear that the intent is to determine not only what regulations are necessary, but if regulations are really necessary SO that we aren't duplicating those regulations or making sure that it doesn't happen two or three times."

"Thank you. Then lastly, I'd like to be sure, that I understand what happens in a recharge area. It appears that the board can adopt regulations for new units in any recharge area, but for existing sources only in recharge areas surrounding community wells. Is that correct?"

"Yes, Representative, that is correct. The intent was to limit the number of units which would have to be retro-fitted, the maximum recharge area for existing units is 2500 feet around a community supply well."

"Well, thank you, for the answer to those questions. Madam Speaker and Members of the House, this is an outstanding Bill. And I urge your support."

"Representative Greiman in the Chair. The Gentleman from Franklin, Mr. Rea."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"He indicates he will yield for a question."

"I have a. yes, one question. What about the coal companies are they. is there any exclusion there as far as waste?"

"Yes, Representative, we've agreed during the negotiations to exempt coal mining from the Act because they are currently covered under the Surface Mining Act and should not have to duplicate those coverages on two different. two or three different types of regulations on them. So 141  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE they are already covered." June 26, 1987

"Thank you."

"Further discussion? The Gentleman from Jefferson, Mr. Hicks, to close."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This is a very comprehensive Bill. In the fact, that groundwater protection in Illinois is a very vital thing to our future. I think that a lot of work has gone into this Bill. Many meetings at 7:30 in the morning. And I would urge that everyone vote 'green' on a very fine piece of legislation, I believe."

"The question is, 'Shall this Bill pass?" All those in favor signify by voting 'aye', those oppose 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 105 voting 'aye', 2 voting 'no' and 1 voting 'present'. And this Bill, having received the Constitutional Majority... Mr. Mulcahey votes 'aye'. 106 voting 'aye', 2 voting 'no' and 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 1506. Mr. Clerk, read the Bill. Excuse me, Ms. Flowers, we'll come back to that. We'll come back to that a little later. We'll come back to it. On this Order appears Senate Bill 427 on the Order of Second Reading. Clerk, read the Bill."

"On page 10 of the Calendar. Senate Bill 427, a Bill for an Act in relationship to state funds disbursed for county Purposes. It's been read a Second Time, previously. There are no Committee Amendments."

"Are there any Floor Amendments?"

"Floor Amendment #1, offered by Representative 142  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day Cullerton." June 26, 1987

"The Gentleman from Cook, Mr. Cullerton, on Amendment #1."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The County of Cook asked not to be included in this Bill, the Amendment takes Cook County out. I move for the adoption of the Amendment."

"The Gentleman from Cook, moves for the adoption of Amendment #1 to Senate Bill 427. And on that, is there any discussion? The Gentleman from McLean, Mr. Ropp."

"Thank you, Hr. Speaker. I just want to raise the question, what is it about Cook County that it wants to be so unique?"

"Representative Ropp, if the Amendment didn't go on, they were going to oppose the Bill and probably kill it. So, I thought it would be, as a gesture towards you to save the rest of your Bill. I'd ask for you to accept this Amendment."

"Yeah, I will accept it but I thought maybe for the Body, you... or... might have mentioned some of the things, that were a bit unique, that required this to be on verus not putting it on and then attempting to kill the Bill. I'll support the Amendment."

"The Gentleman from DuPage, Mr. McCracken."

"Thank you, Hr. Speaker. Will the Sponsor yield?"

"Indicates he will yield for questions."

"Other than political threats, what's the justification for taking Cook County out of the Bill? I mean, what is the rationale? Why has Cook County always got to be different? Chicago and Cook County?"

"Well, sometimes the rationale comes from..."

"What's the rationale in this particular case?"

"Well it could be that it is just a bad Bill. And 143  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day that..."

"Is that the reason?"

"It June 26, 1987 could be, to tell you the truth at this point in time, since I thought the Amendment wasn't going to be accepted, I didn't get into the philosophy of behind why they thought it was a bad Bill. So, I would speculate... "

"No one ever gave you the reason for it."

"Well, not after we agreed that they... after the Sponsor agreed that Cook County would be taken out, I didn't get into it. But, I would suggest to you the size of the County alone, might be the rationale. The Bill apparently attempts to change the method by which state and federal money is disbursed with certain exceptions, for the Regional Superintendent of Schools or Regional Education Centers. So this would add Cook County to that list of exceptions."

"What is it about the size, that makes this impractical or undesirable?"

"Now, that I don't know."

"Then why do you want it? Other than someone told you to put it on and you told Representative Ropp you wouldn't pass the Bill unless Cook County was excluded."

"Right. Well, I tell you what, if the Amendment doesn't go on when we get to the Bill on Third Reading, I'll have an answer for you."

"I'm asking you to explain it to me now."

"And I told you I don't know."

"The question is, 'Shall the Amendment be adopted? All those in favor 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

"No further Amendments." 144  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987

"Third Reading. Mr. Clerk, read the Bill on Third Reading."

"Senate Bill 427, a Bill for an Act in relationship to state funds disbursed for county purposes. Third Reading of the Bill."

"The Gentleman from McLean, Mr. Ropp."

"Thank you, Mr. Speaker and Members of the House. Senate Bill 427 states that any monies that come into a county, either state or federal, shall be sent directly to the County Treasurer. The reason for this, often times monies that go to Highway Department ultimately end up in the Treasurer's Office. But we loss a lot of time and we loss some actual interest in which the Treasurer could generate additional monies for that particular county. So, it's kind of a speeding up process and it's an attempt to have a little more control of those dollars coming into the county, and it's very important downstate."

"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. Oh, I'm sorry, Mr. Cullerton. I did not see you seeking recognition. Mr. Cullerton."

"Well, I just wanted to explain my vote. I just wondered why Cook wasn't included, it sounds like a fairly good Bill."

"Have all voted who wish? Mr. McCracken, to explain your vote."

"I don't have a witty retort. But I would like to know, just nod your head: was there any reason, other than Cook County likes to have it's own laws? They don't want to be in the State, do they?"

"Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, 145  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 there are 113 'aye', none voting 'no' and none voting "present". And this Bill, having received a Constitutional Majority, is hereby declared passed. On State and Local Construction, Special Call appears Senate Bill 43. Mr. Giorgi. Mr. Clerk, read the Bill."

"On page 4 of the Calendar, Senate Bill 43, was heard previously today. Amendment #10 was adopted and it was moved back to Third Reading. Senate Bill 43, a Bill for an Act to amend the Illinois Development Finance Authority Act. Third Reading of the Bill."

"Mr. Giorgi, for what purpose do you seek recognition?"

"Mr. Speaker, this is a Bill we had earlier this morning and we were waiting for an agreed Amendment, and I'd like to have leave of the House, to move this Bill back to Second Reading."

"Does the Gentleman have leave of the House to return this Bill back to the Order of Second Reading, for the purpose of an Amendment? Does the Gentleman have leave? Leave is granted. Mr. Clerk, are there any Amendments?"

"Floor Amendment #11, is being offered by Representatives Hoffman, McPike and Churchill."

"The Gentleman from DuPage, Mr. Hoffman on Amendment #11."

"Mr. Speaker, first I would like to have leave to table Amendment #10."

"The Gentleman asks leave to table Amendment #10 to Senate Bill 43. Is there leave? Leave is granted. Amendment 10 is tabled. Proceed on 11."

"Thank you, Mr. Speaker. Amendment #11 is exactly the same as Amendment #10, except that we have changed some of the language relative to the Chicago Tax Levy, to fit into 146  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day their text cycle.

"The June 26, 1987 And I would move Amendment 311." Gentleman from DuPage moves for the adoption of Amendment #ll to Senate Bill 43. Is there any discussion? The Gentleman from Cook, Mr. O'Connell."

"This Amendment 11 is this the Amendment that raises the authorization under the Life Safety Bond Provisions for School Districts?"

"It doesn't do it in the Life Safety Code, there's a separate one that is set aside, but it functions exactly the same way as the Life Safety Code. The language has been changed from 10 and 11 is found on page... the bottom of page 11 and the top of page 12. And that language applies only to the City of Chicago, the changed language."

"This tax is strictly at the local school district level."

"Yes."

"It has no State involvement whatsoever?"

"Correct."

"Thank you."

"Mr. O'Connell. Further discussion? The question is, 'Shall the Amendment be adopted?' All those in favor 'aye', 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. The Gentleman from Winnebago, Mr. Giorgi, asks leave of the House, using the Attendance Roll Call, to allow this Bill to be heard at this time. Is there leave? Leave is granted. Mr. Clerk, read the Bill on Third Reading."

"Senate Bill 43, a Bill for an Act to amend the Illinois Development Finance Authority Act. Third Reading of the Bill." 147  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987

"The Gentleman from Winnebago, Mr. Giorgi."

"Mr. Speaker, I ask the House to support the enactment of Senate Bill 43, which the Amendment is the law or the intended law. And it is cosponsored by Hoffman, Churchill and McPike."

"The Gentleman from Winnebago moves for the passage of Senate Bill 43. On that is there any discussion? There being none. The question is, 'Shall this Bill... I'm sorry, the Gentleman from Vermilion, Mr. Black."

"Thank you very much. Mr. Speaker. Will the Gentleman yield?"

"Indicates he will yield for questions."

"Representative Giorgi, if I am looking at this correctly, it simply puts the responsibility on local school districts. Creates something very similar to Life Safety Levy, otherwise, we're giving them a levy, with no referendum procedure whatsoever. Is that correct?"

"I think that's correct."

"Mr. Hoffman, did you wish to respond?"

"Thank you, Mr. Speaker. That's absolutely correct, it can only be for asbestos removal and that has to be approved by the Capital Development Board. It cannot be used for anything else. Only for asbestos removal."

"Thank you, very much."

"Further discussion? The question is, 'Shall this Bill pass?' All 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 85 'aye', 26 'no', 1 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Granberg, wishes 148  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 the record to note that he would have voted 'aye on this measure. On this Order appears Senate Bill 130. Mr. Clerk, read the Bill."

"Senate Bill 130, a Bill for an Act to amend the Public Utilities Act. Third Reading of the Bill."

"Mr. McNamara."

"Thank you, Mr. Speaker. I'd like to move this Bill back to Second Reading for the purpose of a Motion."

"The Gentleman asks leave of the House to return this Bill to the Order of Second Reading. Gentleman has leave? Leave is granted. Mr. Clerk, are there any Amendments or Motions to this Bill?"

"Mr. Speaker, I believe on Motion #14..."

"No, Mr. Clerk... the Clerk will advise us."

"Floor Amendment #15."

"Are any Motions with respect to this? Gentleman from Bureau, Mr. Mautino."

"If I may, inquiry, Mr. Speaker. I believe Amendment #14 was the last Amendment adopted to this Bill. Is that correct, Mr. Clerk? Amendment 14 was my Amendment. Is that correct?"

"Yes, Mr. Mautino... Mr. Clerk, is that correct, was 14 the last Amendment?"

"The last Amendment to be adopted was #14, offered by Representative Mautino."

"Yes, Mr. Mautino, for what purpose do you seek recognition?"

"I seek recognition to table my Amendment since I drafted it incorrectly. And I would like to at this time move to table Amendment 14 that has been adopted I believe by a voice vote yesterday."

"The Gentleman moves to table Amendment #14 to Senate Bill 130. And on that, is there any discussion? 149  69th Legislative Day Clerk STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 There being none, the questions is, 'Shall the Amendment... shall the Motion carry?' Those in favor 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Motion to table carries and Amendment 14 is tabled. Are there further Amendments?"

"Floor Amendment #15, being offered by Representative Hultgren."

"Gentleman from Warren, Mr. Hultgren."

"Withdraw Amendment #15, please."

"Withdrawn. Further Amendments?"

"Floor Amendment #16, offered by Representative Hultgren."

"Gentleman from Warren, Mr. Hultgren."

"Withdraw Amendment #16."

"Withdrawn. Further Amendments?"

"Floor Amendment #17, offered by Representatives Hannig and Rea."

"Gentleman from Macoupin, Mr. Hannig. Withdrawn. Okay. Further Amendments?"

"There are no further Amendments."

"Third Reading. Mr. Clerk, read the Bill on Third Reading."

"Senate Bill 130, a Bill for an Act to add Sections to the Public Utilities Act. Third Reading of the Bill."

"Gentleman from Cook, Mr. McNamara."

"Thank you, Mr. Speaker, Members of the House. The Bill, as it came over from the Senate, was a Bill that provided for advertising expenditures to be... required the copy of the advertisements to be included in that legal notice twice a year to customers and that the information is available or sent into... directly into their... into their customers. Amendment #3, which is presently part of the Bill, prohibits the passing along of the cost of the 150  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 *Braidwood II nuclear power facilities to consumers. Amendment #6 amended the Bill as it was amended and a new portion amends the Public Utilities Act by adding a Section, when a tax which has been imposed by the IRS on the utility is removed or reduced, the utility commission may order the reduction and utility rates not to exceed the tax savings. And Amendment #9, which is now part of the Bill, provides that where the ICC funds that a public utility has charged an excessive or unjustly discriminatory amount to a claimant and if it appears that there are other... are other similarly situated customers, the ICC may extend their remedy ordered to all such customers. I'd be happy to answer any questions on this Bill."

"Yes, the Gentleman from Cook, Mr. McNamara, moves for the passage of Senate Bill 130. And on that, the Gentleman from Franklin, Mr. Rea."

"Thank you, Mr. Speaker and Members of the House. Will the Sponsor yield?"

"Indicates he'll yield for questions."

"It's my understanding that this Amendment applies only to the nuclear facilities and I'm referring particularly to the term in the Amendment *loaded fuel'. And to clarify the intent of the Amendment and for the record, would you agree that the term *loaded fuel' applies only and specifies that to nuclear generating facilities?"

"In response to your question, the answer is yes. It was and is the intent of this Amendment to apply only to nuclear generating facilities. I can see where the term *loaded fuel' may be interpreted as possibly meaning something other than nuclear facility, but for legislative record, let it be shown that the term "loaded fuel', as well as the substance of this Amendment, applies only to the nuclear generating facility... facilities and it does 151  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 not apply to coal or other related fossil fuel sources."

"Thank you."

"The Gentleman from Cook, Mr. Kulas."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 130 as it came over from the Senate was a very good Bill. However, when we adopted House Amendment #3 to Senate Bill 130, it became one of the worst Bills of this Session. House Amendment #3 is an attempt at capping excess capacity and it applies to coal, oil fired and nuclear generating facilities. This type of limitation has been fully debated and rejected in the past. Under the present Illinois Law, as a result of this Legislature's rewrite two years ago of the Public Utilities Act, the state has a statutory long range energy planning process. Now, Common Wealth Edison's *Braidwood* Unit II is 94 percent complete and will be generating low cost electricity in less than one year. *Braidwood* Unit II would not, however, be the only generating facility subject to the effects of Amendment #3. No utility would ever build a coal burning facility if faced with the prospect that recovery on such an investment could virtually be impossible under Amendment #3. Ladies and Gentlemen, we talk about cleaning up our environment. We talk about clean air. We talk about acid rain. And yet, we don't do anything about these things. We stick our heads in the sand and we become provincial and say, no, no, not in my backyard. We jump on the band wagon because right now it's popular to be against the utilities. Let's attack the utilities. Let's protect the consumers. That's the call. Well, let me tell you something. the President of the Citizens' Utility Board called me yesterday, and he said, 'I understand that you're in opposition to Senate Bill 130'. And I said, yes. And we talked about it at length. 152  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 And after we finished our conversation, he said to me, and these were his words, he says, 'Well, we think that Senate Bill 130 might save the consumers maybe 100 dollars in two or three years. We think it might, maybe.' And I said, well, I know that if Senate Bill 130 passes, it will lay off 2700 people. It will cost the state 400 permanent jobs right now. Ladies and Gentlemen, think about it. In the long run the consumer will be hurt because price of energy will go up and economic development in the state will come to a halt. Let's pull our heads out of the sand. Nuclear energy is here to stay. Let's deal with it realistically. Nuclear power will make energy cost efficient and more affordable in the future. If you want to help the people in the State of Illinois, vote against this Bill."

"Gentleman from DuPage, Mr. Hoffman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The previous speaker is absolutely correct. This is not going to be of any assistance in the long run to the people of the State of Illinois. This is a sham when you get right down to it. And the truth of the matter is you put all of these together and you have one very, very, very bad Bill. Now, the previous speaker was talking about Amendment #3. You go down to Amendment 36, that puts into law something that the Commission already has the authority to do, and is involved in an ongoing process to do that. Amendment #9, which permits the ICC to extend relief in customer cases to all similarly situated customers, leads you to wonder how are you ever going to find those customers. The cost to find those customers could well be more expensive than whatever the customers might get in return. Let me make one other point relative to that, there is no precedent in state law or in administrative agency practice to deal with similarly situated customers. 153  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 25, 1987 We don't back into something for the group as a whole. That's the reason you have a judicial process. Let's not subvert that process with the idea that we're going to improve the situation for the consumers. In the long run, the consumers are the ones who are going to pay the price, and we don't need to put an additional burden on them. And I believe that the passage of Senate Bill 130 will do exactly that, and I ask that you vote "no" on this legislation."

"The Gentleman from Vermilion, Mr. Black."

"Thank you very much. Mr. Speaker. Will the Gentleman yield?"

"Indicates he'll yield."

"I listened very carefully to the comments of Representative Kulas. I think here's a Gentleman with a reputation, a solid reputation, as a friend of the consumer and a friend of the working man. And I know, Representative McNamara, you read into the record your legislative intent. But I... As I read this Bill, and as I listened to Representative Kulas, I think you would agree, perhaps, if you would answer this question. There is some confusion as to what the Amendment... amendatory process has done to what was a good Bill when it came over here. I know what your intent is, I know what I heard you say, but would you not agree that there perhaps is reason to fear for what this Bill now actually does, could it, number one, not stop... could it stop a coal fired small generating plant from being built?"

"It will not stop any facility which meets the criteria from being built. The answer is no."

"I appreciate your answer. I'm not sure I'm in agreement. I know you're a man of integrity, but I can say this, and let me speak to the Bill, Mr. Speaker." 154  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"Proceed."

"I simply would rise in support of what June 26, 1987 Representative Kulas has said. Here is a good Bill with a good idea. It comes over from the Senate and we add Amendments to this thing willy-nilly to where it looks like a Christmas tree at Marshall Fields. I don't think there is ten people in this place that understand what this Bill does right now, and in all deference and with all due respect to the Sponsor, I'm not at all sure that he knows what some of these Amendments do. If we pass this Bill, we may very well put a burden on the consumer that will cost him ten times what he'll save. Oh, it's a great idea to go back home and say look what I've done for you. But, I'm not sure we know what we've done to him or her at this point. I think the only safe vote at this particular point is a 'no' vote. It's a shame we had to clutter up a good Bill. I urge a 'no' vote on Senate Bill 130."

"Gentleman from Cook, Mr. Levin."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is imperfect. There are a lot of things I'd like to see in it that aren't, but the provisions that are in it are reasonable and I think will greatly benefit the consumer. The basic Bill, I think, is excellent in terms of what it does, in terms of advertising. As far as Amendment #3, I don't think that there is any ambiguity, but the case law is very clear. If there is ambiguity in the language of the statute, you look to the legislative intent. We have clear legislative intent from the Sponsor of the Bill that this, Amendment #3, applies only to nuclear power plants. It doesn't apply to any others. That is what a court would look to if there was ambiguity So, there is no to. As far as and I don't think ambiguity exists. problem with what Amendment #3 applies 155  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Amendment #6, why should any consumer or business be paying taxes to a utility one day more than is necessary if the tax rate that the utility's paid has been reduced. And that's what this Amendment #6 does. Finally, Amendment 09 does not set up the class action. This has been discussed at length. I have... On several occasions, on this floor, indicated that there is no precedent for an administrative agency to do class actions, but there is ample precedent that many administrative agencies in Illinois, as well as other states, do deal with situations when more than one consumer is affected by a particular decision. That's what Amendment #9 does. It says that if there are a thousand consumers. each of whom have had an unnecessary charge that... and there is evidence that all one thousand are similarly affected, they each don't have to file individually. That's silly. This is an excellent Bill. It's been well worked out. Again, I would prefer to do a lot more, but I know this is the best we're going to do and I strongly urge its passage."

"The Gentleman from Will, Mr. Regan."

"Thank you, Mr. Speaker, Members of the House. Will the Sponsor yield for a question, please?"

"Indicates he will."

"Representative, would you consider at all, because I like some of the things in this 3ill, the removal of Amendment 3, the tabling of Amendment 3?"

"Representative Regan, one of the points is, as I said, if we remove that, we have removed a significant amount of savings to the taxpayers in your legislative district. Those savings, by estimate, can amount to 160 to 250 dollars a year for your constituents. Yes, there are some people fighting against it, the big money, the big interest groups, but they're the people in your and my area that are 156  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE suffering. No, is the answer."

"To the Bill. I don't know if everyone June 26, 1987 really knows exactly what the situation is with excess capacity at this point. It takes ten to fifteen years to build an atomic plant for energy purposes. What you're asking utilities to do is think ten to fifteen years in the future exactly what the need for electricity will be at that time. We're running out of water in all the states. We may be lucky in Illinois, even with the high cost of doing business the way it is now. When water runs out of these other states, we've got fresh water. Manufacturers' jobs will come back to this State of Illinois. At the time that that swell starts, we better have electricity available. What this Bill is doing is absolutely causing utilities never to build another atomic energy plant again. What it will cause them to do is build little plants that they can build in two years that run on jet fuel, like little turbines. The cost of electricity will be overwhelming if this happens. The situation with the money involved, I believe, that it's probably over a billion dollars invested in this one plant at this time, 95 percent all most completed. It's absolutely ludicrous to sand bag it, to put into moth balls. I vote 'no'."

"The Gentleman from Macoupin, Mr. Hannig."

"Yes, thank you. Mr. Speaker, Members of the House. It's my understanding that the United Mine Workers support this Bill. And so, I hope that that puts to rest any thoughts that somehow this would adversely affect coal. But let me also say that I represent a district where we just in the process of seeing a nuclear power plant come on line. And unfortunately, as a result of that, we're seeing our power bills nearly double because of a nuclear power plant and the cost that it incurs. You know, in my district, back in 157  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 1979, 60 Minutes came in and did a big expose on how these nuclear power plants are costing four and five times more than they are supposed to cost, how we're seeing all these great overruns and all this wastefulness that even here in government where we're accused of waste, we would consider it a travesty. But the point is that the Gentleman from Cook is trying to prevent his consumers in that part of the state from having to bear these outrageous costs. I, as one who have a power plant in my area run by nuclear power, only wish that I had thought of this Bill about two years ago. I'd ask for a 'yes' vote."

"Mr. Young, Gentleman from Cook."

"Thank you. Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of this Bill. Particularly in support of Amendment #3. It's clear what we're looking at today. If there aren't any other consumer Bills left to face this General Assembly, then this is certainly one vote that could be cast in favor of the consumer. Right now, we are suffering from excess capacity. The bills are killing our senior citizens. They're ruining the lives of people who are on fixed incomes, and what we're doing is we're paying profits for capacity that we don't need. My district has recently seen Commonwealth Edison close the distribution center in the middle of the City of Chicago. Chicago has two distribution centers, whereas they used to have three and the reason the third distribution was closed is because there is no need. We were told by the people at Commonwealth Edison that demand has decreased. Now, if the demand has decreased, why in the world do we have to keep building and paying for nuclear power plants that create more and more nuclear waste? This state has fourteen nuclear power plants. One of the previous speakers says, "If we pass this Bill, we may never build another one". 158  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Well, I think we will never need another one. Eleven are already on line. California has six. New York has seven. We have eleven on line. We're paying for plants not on line. We're paying for it with money that people on fixed incomes cannot afford. This Bill gets so much debate, SO much opposition because it's clear that the big money is behind defeating this Bill. If you care about consumers, if you care about people on fixed incomes, if you care about senior citizens, give them a break. Let's pay for energy as we need it. We don't need 'Braidwood' II. We don't need fourteen nuclear plants. We don't need all the nuclear waste these plants generate. Give the consumer a break. Let them just pay for what they use."

"Gentleman from Cook, Mr. McNamara, to close."

"Thank you. Mr. Speaker. We heard quite a few innuendos, misjustifications by the opposition to this Bill. First of all, let's take 2,400 construction jobs that will be lost. If this plant is 94 percent complete, how long are we going to lose them for? We may not even lose them at all. The proper management decision that Commonwealth Edison should make is to finish the plant, put it in moth balls before its nuclear fueled. That allows it in the future, when the capacity is necessary, to come on line. It allows it in the future to make the proper determination, and it also allows us to save dollars for our people. Why are we looking for excuses to vote against this Bill? Are we afraid to say no to Commonwealth Edison? No to the special interest groups? We were sent down here to protect our people and to protect our people by the excessive rates that are there. Let's be realistic about this. Let's not just sit back in our chairs very lazily if you happen to come from any of the counties such... if you come from Franklin Park, it affects your people. If you 159  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 come from Park Forest, it affects your people. We must realize that this is a very logical plan. It has gone so far in management terms to allow Commonwealth Edison to make the right decision. And how do they do this? They can always start up again because if you'll notice in this Section of the Bill, it says, it excuses conservation as an alternate energy form. That was put in there on purpose. Someone mentioned that perhaps the Sponsor doesn't know what's in the Amendments. Let me assure you that this Sponsor knows what's in these Amendments, knows that it's good for the people and knows that everyone of you that vote 'no' on this has come on to this House floor, thrown your people off to the side and said, 'Today, we vote for Commonwealth Edison and all of the big money. Isn't it time we start speaking for our people now? I ask for your 'aye vote."

"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? Have all voted who wish? Mr... Yes, Mr. McNamara, to explain your vote. One minute."

"Thank you, Mr. Speaker. I would hope that in these last few days where we were called out by all of the lobbyists, the special interest groups that have money involved. that we would think of our people. We're going to see by your votes up there whether you do or not. And I think that that's a very important thing to look forward to. If you want to be responsible and I heard those words on this House floor about tax increases and responsibilities and everything else, yet you're afraid to take a leadership role, then what are you doing down here? You have a responsibility to the constituents of your 160  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 district. That's important. It's important for all of us. If we don't take that seriously, we don't belong here. And I think we will see the ones that don't belong here very simply by the red votes that are up there. Let's hope that some reason applies. Let us hope that we will be able to continue to put the green votes up there. Help our people. They need our help. Let's not abandon them."

"The Lady from... I'm sorry. The Lady from LaSalle, Ms. Breslin, to explain... one minute to explain your vote."

"Thank you, Mr. Speaker, Ladies and Gentlemen. I said it yesterday and I will say it again today. This Assembly has continually pointed to the Illinois Commerce Commission saying, "They're not doing their job. It's their fault that the rates are so high". If you don't pass this Bill, it won't be their fault any longer. We give them the guidelines within which they must operate. If they don't have the authority, they can't make the decisions. If we don't pass this Bill, it's no longer their fault, it's our fault and the consumers will know it."

"Gentleman from Cook, Mr. Huff, one minute to explain your vote."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I'd like to touch just briefly on another consideration, and that is the environmental impact. Starting this year. Com Ed is going to begin burying its nuclear waste. A lot of us don't understand that nuclear waste, as the physicists understands it. it is gamma radiation, Ladies and Gentlemen. Gamma radiation is the strongest radiation known to man. It has a half life of five thousand years. I submit that when Com Ed who already knows of a pernicious and devastating effect that this can have, we will find when we start to burying this waste that 161  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 land space will become finite very quickly. And we will find out at that time that our underwater tables have become contaminated. Our cash crops like corn and soybeans won't be worth a nickel and it will be left to our mutated generations to tell Com Ed that you have indeed left us in a happy state. I think a green vote is the right vote for the preservation of the humanity of the citizens of this state; because, if we don't do this, this state may very quickly become uninhabitable."

"Gentleman from Cook, Mr. Shaw, one minute to explain your vote."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I think that this is a vote here where that the lobbyists versus the citizens, the little people, out in the community. And the... this Bill will prove that whether the people have any say about what happens in this government or the lobbyists. I think that's what this issue is all about, and I don't believe that no Representative here was elected by the lobbyists. I think they were elected by the people from their respective district, and I think that they should vote for the people of their respective district. I think that's what this vote is about. And if you go throughout your community or your district, wherever you come from, you'll hear people talking about the high utility bills. And I believe that if you put a green vote up on this Bill, that that will make the difference. You can no longer go back to your district and tell the people of your district that you voted for them when you put a red vote up on this board. You can't do that because the people back in your district want you to put a green vote up on that board and stop these utility companies from charging those high prices. Now, it's either the lobbyists or the people. Thank you." 162  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"Have all voted who wish? wish? Have all voted who wish? record. On this question... Yes, Mr. purpose do you seek recognition?"

"Poll of the Absentees."

June 26, 1987 Have all voted who Mr. Clerk, take the McNamara, for what "The Gentleman is within his rights. Mr. Clerk, poll those not voting."

Clerk O'Brien: "Daley. DeLeo. Krska. Leverenz and Panayotovich."

"On this question there are 58 voting 'aye', 40... Mr. Leverenz, for what purpose do... Mr. Leverenz votes 'aye'. On this question there are 59 voting 'aye', 42 voting... Mr. McNamara... Mr. McCracken, for what purpose do you seek recognition? Okay. 59 voting 'aye', 42 voting 'no', 9 voting 'present'. Mr. Homer, for what purpose do you seek recognition?"

"I'd like to explain my vote."

"Well... Mr. Homer..."

"No, I haven't... I didn't speak in debate. Why can't I explain my vote?"

"Very quickly, Mr. Homer. Usually we allow that when someone is going to make his change in dramatic moment. Proceed, Sir."

"Well, thank you very much. I would point out... I would take a difference of opinion with one of the speakers who commented on Amendment #6, which was my Amendment, and I think a very important one to consumers throughout the State of Illinois. The issue there is very clear. Because of the tax reform Act of 1986, the utilities in this state will reap an 850,000,000 dollar windfall. The question is, 'Who should get that windfall?' Should it go to the utilities in the form of higher corporate profits or should it go where it belongs, back in the pocket of the consumer? 163  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 That's the issue on Amendment #6. I'd urge your support."

"Thank you. And Mr. Curran, for what purpose do you seek recognition?"

"Well, I had my light on at the time, Mr. Speaker, just to make sure that you knew that I wanted to hear what Representative Homer had to say, but I have a comment I'd like to make as well."

"Well, if I didn't see your light, I certainly apologize. Proceed, Sir."

"Thank you. One of the previous speakers said that nuclear energy was here to stay. I think that's what they had to say about the Hindenberg and the Titanic, in fact. You know, if you really want the people who have voted to send you here, to have their utility bills go down, then you vote for this. That's where it is. If you want the people who sent you here to have their utility bills go down, then you vote for this; otherwise, it fails by one vote. And next year, this comes back to haunt everybody."

"Excuse me. Mr. Daley, for what purpose do you seek recognition? Mr. Daley votes 'aye'. Mr. McCracken, for what purpose do you seek recognition? On this question there are 60 voting 'aye', 42 voting 'no', 9 voting *present'. Mr. McCracken."

"Verification, Mr. Speaker."

"Alright. Gentleman from DuPage requests a verification of the affirmative vote. Mr. Clerk."

"Berrios. Bowman. Braun. Breslin. Brunsvold. Bugielski. Capparelli. Christensen. Countryman. Cullerton. Curran. Currie. Daley. Davis. DeJaegher. Dunn. Farley. Flowers. Giglio. Giorgi. Granberg. Greiman. Hannig. Hartke. Homer. Huff. Jones."

"Excuse me. Mr. Clerk. Mr. Shaw, for what purpose do you seek recognition?" 164  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"Leave to be verified, please."

"Mr. June 26, 1987 Shaw, Mr. Preston and Ms. Braun wish to be... have leave to be verified. Mr. wishes to have leave. They have leave? Alright. And Ms. Davis Yes, Mr. verification McCracken, do you wish to withdraw your request?"

"No. Just... I... I'm just wondering. What is it they do when they all get leave?"

"I've often wondered myself. Mr. Clerk. They leave."

"Laurino. LeFlore. Leverenz. Levin. Martinez. Matijevich. Mautino. Mc Gann. McNamara. McPike. Morrow. Mulcahey. Novak. O'Connell. Phelps. Preston. Rea. Rice. Richmond. Saltsman. Satterthwaite. Shaw. Steczo. Stern. Sutker. Terzich. Turner. Van Duyne. Williams. Williamson. Anthony Young. Wyvetter Younge. And Mr. Speaker."

"Mr. McCracken, questions of the Affirmative Roll Call?"

"Thank you, Mr. Speaker. Representative Steczo."

"Mr. Steczo. Mr. Steczo. Is he in the chamber? Steczo. How is he recorded?"

Mr. Clerk O'Brien: "The Gentleman is recorded as voting 'aye'."

"Remove him from the Roll Call. Mr. McCracken."

"Thank you, Mr. Speaker. Representative Berrios."

"Mr. Berrios. Is Berrios... Mr. Berrios in the chamber? How is Nr. Berrios recorded, Mr. Clerk?"

"The Gentleman is recorded as voting 'aye'." "Then remove Mr. Berrios."

"Representative Giglio."

"Mr. Giglio. Mr. Giglio in the chamber? Mr. Giglio. How is Mr. Giglio recorded?"

"The Gentleman is recorded as voting 'aye'." 165  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987

"Remove Mr..."

"Remove him."

"I... That's my line. Remove Mr. Giglio from the Roll Call."

"Representative Krska."

"Mr. Krska. How is Mr. Krska recorded? Is he in the chamber? Mr. Krska. He's not voting."

"He's not voting. Thank you. Representative Farley."

"Mr. Farley is at his desk."

"Representative McGann."

"Mr. McGann. Mr. McGann. Mr. McGann is here at the door."

"Representative Laurino. Representative Laurino."

"He's at the rear of the chamber."

"Representative Bugielski."

"Mr. Bugielski is here at the... near the door. Further questions?"

"Representative Williamson."

"Representative Williamson is at the rear of the chamber."

"Representative Countryman."

"Mr. Countryman. Mr. Countryman. Mr. Countryman. How is Mr. Countryman recorded?"

"The Gentleman is recorded as voting 'aye'."

"Remove Mr. Countryman from the Roll Call."

"Representative Phelps."

"Mr. Phelps. Representative Phelps. Mr. Phelps. How is Mr. Phelps recorded?"

"The Gentleman is recorded as voting 'aye'."

"Mr. Phelps is in the door."

"Thank you. That's all."

"Mr. White, for what purpose do you seek 166  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 recognition? Mr. White votes 'aye'. Mr. Cullerton, for what purpose do you seek recognition, I'm sorry."

"Well, I have... I have... I have an inquiry. Since he had not yet voted, I think he should be entitled if he wants."

"Absolutely."

"To explain his vote as well."

"If he wishes to, he might do that. But..."

"He might have some questions. He wasn't here for the debate, he might... He..."

"...Apparently, I think you want to explain his vote, Mr. Cullerton."

"No, I think... He wasn't here for the debate, he might want to ask Representative McNamara some questions about what the Bill does."

"Alright. Mr. White votes 'aye'. Mr. White votes 'aye'. On this question there are 57 voting 'aye', 42 voting 'no', 9 voting 'present'. Mr. McNamara requests that the Bill be placed on the Order of Postponed Consideration."

"Yes. Yes. Yes, Mr. Speaker, I request Postponed Consideration on this measure."

"The next Order of Business on Special Call appears... Consumer Protection. On the Order of Senate Bills Third Reading appears Senate Bill 378. Mr. Clerk, read the Bill."

"Senate Bill 378, a Bill for an Act in relation to state occupation and use taxes. Third Reading of the Bill."

"Gentleman from Cook, Mr. Keane. Mr. Keane. On this Order appears... Out of the record. On this Order appears Senate Bill 1287. Mr. O'Connell. Mr. O'Connell in the chamber? Mr. Clerk, read the Bill." 167  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987

"Senate Bill 1287, a Bill for an Act to create the Consumer Deposit Security Act. Third Reading of the Bill."

"The Gentleman from Cook, Mr. O'Connell."

"Thank you, Mr. Speaker. This Bill provides for security... determines who will get the interest on security deposits for a personal property under 25,000 dollars. You may recall, Amendment #2 was adopted which provided that any security deposit over 150 dollars the interest thereon would go to the benefit of the lessee of personal property and under 150 dollars the interest would go to the lessor. And that... with that Amendment, it took away any opposition that surfaced in Judiciary I Committee and I would ask for a favorable Roll Call and be happy to answer any questions."

"Gentleman from Cook, Mr. Culler... no, Mr. O'Connell, moves for the passage of Senate Bill 1287. And on that, is... there being no discussion, the question is, Shall this Bill pass? All in favor signify by saying... 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 102... 106 voting 'aye', 1 voting 'no', 2 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 1328. Mr. Clerk, read the Bill."

"Senate Bill 1328, a Bill for an Act in relation to handicapped and disabled, mentally ill persons. Third Reading of the Bill."

"The Gentleman from Peoria, Mr. Saltsman."

"Thank you, Mr. Speaker. This Bill was developed by the Citizens' Council on Mental Health and Developmental Disabilities, which I was a member of, and it comes to the 168  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 69th Legislative Day response of some of the hearings that we have had during the past year. This Amendment with the Bill was agreed upon with the Department of Public Health and it seems like it's an agreed Bill. And we should have no problems with it. I ask for your favorable vote."

"Gentleman... Gentleman from Peoria, Mr. Saltsman, moves for the passage of Senate Bill 1328. And on that, the Gentleman from Cook, Mr. Cullerton."

"Would the Sponsor yield? Representative Saltsman, does the original Senate Bill still stand? Is that still in the Bill after the Amendments?"

"No. It's been modified by our House Amendment and it's been agreed upon."

"Well, let me just ask you this. Does... do we still establish the position of inspector general within the Department of Mental Health?"

"It's recommended and it's recommended he be appointed by the Director of Mental Health instead of the Governor."

"Okay. So then, it's possible that he may not be a former U.S. Attorney, then."

"It could even be you. Yes."

"Okay. Thank you."

"Gentleman from Cook, Mr. Leverenz."

"Sponsor yield?"

"Indicates he'll yield for questions."

"Does that means we have two inspector generals?"

"No."

"Just one or is there a one star and two star, three star for food?"

"This will be within department, Representative Leverenz."

"And the other guy's gone."

"Yes." 169  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"Now, I understand. Thank you." June 26, 1987

"No. You have the one for all the departments, but this will be a separate one in a department."

"Would we, then, next year see the one for the Department of Revenue and DOT and Public Aid pop up."

"That is possible, but it's not the intent. And this is designed directly for this department only."

"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 97 'aye', 15 'no', none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Alright. We... the next item would be in this Call, Senate Joint Resolution 60. The Sponsor is not feeling well. When Mr. Rice returns to the floor, we will accommodate him and call this no matter where we, you know, at the end of whatever Order of Business we're on. Mr. Panayotovich, would you find out for us Mr. Rice's current condition? On the Special Order - Public Health, Second Reading, appears Senate Bill 482. Mr. Matijevich, do you wish to proceed? Mr. Clerk, read the Bill."

"Senate Bill 482, a Bill for an Act to amend an Act in relation to the consolidation of alcohol and drug abuse programs. Second Reading of the Bill. Amendment #1 was adopted in Committee."

"Are there any Floor Amendments? Were there any Motions with respect to Amendment #1?"

"No Motions filed."

"Floor Amendments?" 170  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987

"Floor Amendment #2, offered by Representative McNamara."

"Gentleman from Cook, Mr. McNamara, withdraws Amendment 2. Further Amendments?"

"Floor Amendment #3, offered by Representative Matijevich."

"Gentleman from Lake, Mr. Matijevich, on Amendment 3."

"Mr. Speaker, Ladies and Gentlemen of the House, Amendment #3 becomes the Bill. Senate Bill 482 is the Bill that many of you know we discussed on my Motion to discharge Committee relates to the Department of Alcoholism and Substance Abuse consolidated licensure initiative. Some of you may be aware, too, that this was an agreed Bill that came out of the Senate and then we realized that the language caused a semantic problem with the liquor, beer and wine industry. They objected to the term *chemical dependency. And when I had the Motion to discharge, I said we would meet to resolve our differences. And we've done that satisfactorily to meet all objections to the Bill. The Bill deletes all references to *chemical dependency and uses the term 'alcohol and other drug dependencies". The employers and the City of Chicago had some concern that they would not be able to have employee assistance programs and other intervenor programs like the City of Chicago does. We have amended the Bill to clarify this. The Bill is, as I said, a licensure Bill and establishes three categories of licensure by the Department of Alcoholism and Substance Abuse: one, as to treatment services; two, as to intervention services; and three, as to persons conducting research which involve the possession, dispensing or administration of a controlled substances. The Bill has been thoroughly worked out and I 171  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 want to acknowledge the fact that Loleta Didrickson... the Cosponsor in the House and the Senate Sponsors, Dawn Netsch and Forest Etheredge, worked together cooperatively to bring these people together and meet with the Director, Atkins. It is now, I believe, an agreed Bill, and I would appreciate the support of the adoption of Amendment 33."

"The Gentleman moves for the adoption of Amendment 3 to Senate Bill 482. Is there any discussion? There being none, the question is, "Shall the Amendment adopted?" Those in favor 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Further Amendments?"

"Floor Amendment 64, offered by Representative McNamara."

"Gentleman from Cook, Mr. McNamara, on Amendment 4. Withdrawn. Further Amendments?"

"Floor Amendment $5, offered by Representative McNamara."

"Gentleman from Cook, Mr. McNamara, on Amendment 5."

"Thank you, Mr. Speaker. Amendment 45 provides information of referral hotlines established by the Department of Alcohol and Substance Abuse. And also, it provides for radio announcements, billboard advertising, using the theme that drug usage and addiction is a crippling disease. It's a progressive type of legislation that will actually try for the prevention of the alcoholism and drug abuse. It is permissive in this area and I urge for its adoption."

"Gentleman moves for the adoption of Amendment #5. And on that, is there any discussion? There being none, the question is, 'Shall Amendment be adopted?' Those in favor 'aye', opposed 'no'. In the opinion of the Chair, 172  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 the 'ayes have it. That Amendment is adopted. Are there further Amendments?"

"No further Amendments."

"Third Reading. Gentleman asks leave to have this Bill heard at this time using the Attendance Roll Call. Leave? Leave is granted. Mr. Clerk, read the Bill on Third Reading."

"Senate Bill 482, a Bill for an Act in relation to the consolidation of alcohol and drug abuse programs. Third Reading of the Bill."

"Gentleman from Lake, Mr. Matijevich."

"Speaker, Ladies and Gentlemen of the House, I think everybody now is aware of the Bill and I appreciate your support of the Bill."

"The question is, 'Shall this Bill pass?' All those in favor signify by voting 'aye', those opposed vote... Oh, I'm sorry. Wait a minute. Hold on. Hold on. Hold on. Mr. Mautino."

"Would the Gentleman yield for a question?"

"He indicates he will."

"Representative, could you give me some type of line up of products that are include in your definition of 'chemical dependency'?"

"First of all, we don't use the term 'chemical dependency' at all anymore, Rich. That's been excluded all together where we use now the term 'alcohol and other drug dependency'. So, we have met with the beer industry and Bill Olson and Billie Paige and the liquor industry and everybody's on board now, so we don't use that term whatsoever. They're in total agreement with us with the Bill now. They've removed all objections."

"Thank you. Thank you."

"The question is, 'Shall this Bill pass?' All 173  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 those 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 106... 109 voting 'aye, none voting "no", none voting *present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 1013. Hr. Clerk, read the Bill. Mr. Kulas. Mr. Kulas. Mr. Clerk, read the Bill."

"Senate Bill 1013, a Bill for an Act to amend the Environmental Protection Act. Second Reading of the Bill. No Committee Amendments."

"Are there Floor Amendments?"

"Floor Amendment #1, offered by Representative Breslin."

"Lady from LaSalle, Ms. Breslin, on Amendment #1."

"Thank you, Mr. Speaker. Ladies and Gentlemen, under the current environmental law, local governments are responsible for approving the location of new waste management facilities, such as a sanitary landfill. Under this Bill, that procedure is being... is being changed. If the landfill developer is going to be allowed to receive an EPA permit before a local siting decision is made, as we... would be provided under this Bill, it's my opinion that it is important that several changes must be made in the EPA permitting process to ensure that it is open and accountable. As a consequence, this Amendment would do the following things. First of all, after the EPA receives an application for a landfill permit, it must give public notice of its preliminary determinations to issue or deny the permit and give notice of the opportunity for a public hearing on that preliminary determination. Secondly, the 174  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 public notice must be published in a newspaper of general circulation in the county in which the landfill is proposed to be located. In addition, the state's attorney, the chairman of the county board and each Member of the General Assembly from the affected legislative district must be notified. Three, any party who participated in the permit proceeding, including affected citizens and local planning agencies, may petition the Illinois Pollution Control Board to contest the issuance or condition of an EPA permit to construct a landfill, provided that such appeal is not frivolous. Now, the landfill developer already has that right, under the Illinois law, to contest an EPA decision to deny a permit. I ask for the adoption of the Amendment."

"The Lady from LaSalle moves for the adoption of Amendment #1. And on that, the Gentleman from Will, Mr. Wennlund."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #1 will give the necessary public input in the landfill siting process. It's a vital Amendment to preserve the environment in the underground water aquifers of Illinois. It's a process that interveners, interested citizens, hydrologists and professionals at all levels will have a definite input into the EPA process. And I urge all of the colleagues on both sides of the aisle to vote in favor of this Amendment."

"Gentleman from Cook, Mr. Kulas."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I stand in opposition to Amendment #1. Senate Bill 1013 is a Bill which is going to look at one of the biggest problems facing the State of Illinois in the next few years, and that is the problem of disposal of solid waste. What are we going to do with our garbage? We don't want 175  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 any garbage scows laying around in the Mississippi like they are off of New York and that's what's going to happen if we don't do something about this. Now, I have introduced House Joint Resolution 109 which will form a task force on this problem. My intention on Senate Bill 1013 is to oppose all the Amendments except Amendment #8, which is my Amendment, put the Bill into a Conference Committee and hold it till next year after we get a report from this task force on the disposal of solid waste. You all have sponsored Amendments. You all want your Bills to go out the way you put your Bills in. I ask you to oppose this Amendment and vote 'no'."

"Gentleman from Bureau, Mr. Mautino."

"Thank you, Mr. Speaker. Will the Lady yield for a question?"

"Indicates she will."

"Representative Breslin, as I understand it, your Amendment puts local control back into the Bill that does not have the first option on the permit, is that correct?"

"That is correct."

"The current leg... the current statute that was embodied in Senate Bill 172 had the local permitting at the first step, is that not true?"

"That is correct. And this Bill attempts to change this. This Amendment gives the public more participation in the permitting process, which I think is appropriate since the permitting process is going to go before the siting process."

"To the legis... to the Amendment, Mr. Speaker."

"Proceed, Sir."

"Ladies and Gentlemen, in 1975 this same Amendment came before this House of Representatives when there were 177 Members in this House. Since that time, we have taken 176  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 giant strides in providing for local permitting and the opportunity for local citizens to have a say in the hazardous and low level nuclear waste arena. This Amendment was part of a Bill I presented at that time that got 16 votes. Since that time, we've enacted that legislation and, please, do not take away the permitting by the local government at the first step in the process. If you do, what will happen, Ladies and Gentlemen, is the hundreds of thousands of dollars that are spent through the court system addressing this question at the state level will preclude any chance of local individuals to have a say. I respectfully request an 'aye' vote not only for the local areas where there are those sites or possible sites to be presented, but to save the taxpayers in this state an awful lot of money. It's a good Amendment on a bad Bill. It makes this Bill palatable if adopted."

"Lady from LaSalle, to close."

"Thank you, Mr. Speaker. We've come a long way since 1975. Our constituents and this Assembly are far more environmentally conscious. This is an Amendment that they would want to have on this Bill. I urge its adoption."

"Question is, 'Shall the Amendment be adopted?' All in favor say 'aye', those opposed 'no'. All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Mr. Clerk. Mr. Homer. one minute to explain your vote."

"Thank you, Mr. Speaker. I've... I'm voting 'no' on the Bill... on the Amendment because the Bill is a terrible Bill. It takes a giant leap backwards in giving local control on siting of landfills. And while I recognize the Sponsor's Amendment would go part way toward restoring that local control, I think the proper thing to do would be to 177  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 defeat the Amendment and then to defeat the very bad Bill which it purports to amend."

"Have all voted who wish? Mr. Clerk, take the record. On this question there are 81 voting 'aye', 29 voting 'no', 2 voting 'present', and the Amendment's adopted. Further Amendments?"

"Floor Amendment #2, offered by Representative Breslin."

"Lady from LaSalle, Ms. Breslin. Withdraw Amendment 2. Further Amendments?"

"Floor Amendment #3, offered by Representative Van Duyne."

"Gentleman from Will, Mr. Van Duyne. Mr. Van Duyne. Mr. Kulas, for what purpose do you seek recognition?"

"I move to table Amendment #3."

"Gentleman moves to table Amendment #3. Yes, Mr. Klemm is here. You may still, of course, pursue your Motion. Mr. Klemm, who is the Sponsor... hyphenated Sponsor, is present. Yes, Mr. Kulas."

"If he's a hyphenated Cosponsor, I'll withdraw my Motion."

"Alright. Mr. Klemm. Thank you. Mr. Klemm."

"Thank you, Mr. Speaker, and thank you, Mr. Representative Kulas. Amendment #3 does really what the Sponsors of Senate BIll 1013 had really told everybody that this was really a provision that would be only in effect really for Cook County, in other words only because they were having some difficulties down there. I think during the discussion with many of the people, Senate Bill 172, which many of us who were here then fought hard for. So, we decided that if it only affects Cook County and it doesn't affect the counties down where we are, outside of there, that Senate (sic - House) Amendment 3 will say, 178  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 alright, we'll leave this Bill if it is passed to be effective only in Cook County, therefore protecting the collar counties, the downstate counties from being the dumping ground without the siting requirements that we think are so vital for the county board and the public to protect their own interest. And so, simply, Amendment #3 applies only to counties of less... or this Bill would not apply to counties of less than three million inhabitants, and I ask for its adoption."

"Gentleman moves for the adoption of Amendment #3. On that, the Gentleman from Cook, Mr. Kulas."

"Thank you, Mr. Speaker. Well, I'm glad that some people finally woke up. One of the reasons that I took the sponsorship of Senate Bill 1013 is because, again, this Legislature tends to stick its head in the sand when it has a big problem. They say, "Oh, we don't want the garbage in my back yard. Put it in his back yard." Well, there is no more back yards, and we've got to face this problem. I'm not going to fight this Amendment. Put the Amendments on. I'm going to put this Bill into a Conference Committee. I got House Joint Resolution 109 coming up, and we've got to face this problem. Let's look at this problem. Let's not... let's not put our heads in the sand."

"Further discussion? The question is, Shall this Amendment be adopted?" All in favor signify by saying 'aye', those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Are there further Amendments?"

"Floor Amendment #4, offered by Representative Breslin."

"Lady from LaSalle, Ms. Breslin, on Amendment 4."

"Thank you, Mr. Speaker, Ladies and Gentlemen. 179  STATE OF ILLINOIS 85th GENERAL AS SEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Amendment #4 limits the application of this Bill to sanitary landfills only. I want to make it very clear that I agree with Representative Homer's view of this Bill. I think it is a bad environmental Bill. However, in a fear that it might pass, my effort is to make it better than it was and that is a sincere attempt. I do not want to mislead you. I will be opposing the passing of the Bill, or the putting of the Bill into a Conference Committee at this point."

"Lady moves for... I'm sorry."

"I would hasten to say that I have suggested that the Bill should go into Interim Study where it can have a thorough oversight of the Environmental Committee. I think that's the place that it ought to be. I ask for the adoption of this Amendment in lieu of that."

"The Lady moves for the adoption of Amendment #4. And on that, the Gentleman from Cook, Mr. Cullerton."

"Yes, a question of the Sponsor."

"Indicates she'll yield for questions."

"In light of Amendment #3, which made the provisions applicable to Cook County only, how does Amendment #4 mesh with that?"

"It makes it apply to sanitary landfills only, which appears to be the concern of the Sponsor."

"Sanitary landfills only in Cook County?"

"Correct."

"Fine, thank you."

"Gentleman from Cook, Mr. Kulas."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. You just heard from the Lady. Was an Amendment I'm not going to oppose anyway. What you just heard... the only reason she's putting on these Amendments is because she wants to kill the Bill. She wants to stick her head 180  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEБАТЕ 69th Legislative Day June 26, 1987 back in the sand and not look at the problem that's ahead of us. Now, we've tried that system for the last decade and what's happened things have just gotten worse. Let's do something about it. I Something has to be done. won't fight the Amendment. Put the Amendment on."

"Question is, 'Shall the Amendment be adopted?* All in favor say 'aye", those opposed 'no". In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Are there further Amendments?"

"Floor Amendment Churchill and McCracken." Speaker Greiman: 35, offered by Representative "Gentleman from Lake, Mr. Churchill."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I guess I stand and the first thing I do is make the same disclaimer that Representative Breslin did. I think Senate Bill 1013 is a terrible Bill. But I also agree somewhat with what Representative Kulas says and that is that we can't stick our head in the sand. We have to have other options. A few years ago I stood up on this floor and I offered an option where we could create local planning districts for solid waste. I stood up later and I offered an option that we would allow the creation and building of incinerators and the sale of the energy that's produced by those incinerators. I think you'll find that at some point along the line in the next few days that there will be an Amendment before this Body that will finally put the final pieces in place so that we can go to incineration instead of landfilling. Senate Bill 1013 is a terrible Bill, because what it does do is it ruins the siting requirements at the local level. What this Amendment, Floor Amendment #5, does, it says that we're going to take those same siting requirements that you have at the local level and we're going to make those the same 181  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day requirements June 26, 1987 that the State EPA has to use. In addition, it extends those criteria to other siting procedures. If this bad Bill is ever going to get out of here, it ought to have some protective language in it, and I think Floor Amendment #5 is the thing that does that. If we're not going to get it out of here then, fine, let it die. I don't believe it should go in Interim Study to be further studied. I believe it should be tabled and forever lost."

"Gentleman from Cook, Mr. Leverenz."

"Sponsor yield?"

"Indicates he will."

"Did he explain the Amendment? And I agree with the other things he said. But did he explain what the Amendment did?"

"Yes, what I said was that this takes the same siting requirements that you find at the local level and makes those the siting requirements to be followed by the EPA."

"Does this then stay with what we know to be 172, or does it, as the Bill did, reverse what we might know as 172?"

"I requested, and I believe that the language is the same that it would take the 172 siting requirements and put them in the State EPA, as well as at the local level."

"Who gets... Where does it get heard first, at the local level or then the state level first?"

"I'm not sure that I know the answer to that question. I believe that at the present time it goes to the local level first. I don't believe that this Bill changes the timing of that."

"Well, does your Amendment affect anything to do with the first hearings being conducted at the local level?"

"No."

"Which we all know is 172 that we fought very hard to 182  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 get three or four years ago. If it doesn't do anything with that, then I guess I'd be in favor of the Amendment. But I think we don't want that hearing first ever conducted at the state level."

"I believe the hearings are held first at the local. level before they go to the state for the permit."

"Good Amendment. Thank you."

"Gentleman from Fulton, Mr. Homer."

"Thank you. Will the Sponsor yield?"

"Yes."

"Representative Churchill, I have the same question as Representative Leverenz, but I don't... I'm not sure that you've answered him correctly. Under current law, 172 set up a procedure where an applicant for one of these regional pollution control facilities would first have to go through the local... local county board, local municipality for siting. That would be the first step. And then once they've gotten that approval, then they would go to the EPA for a permit. Now, the Bill change... reverses the order. The Bill says that first they go to the EPA and then, if they get... they can go ahead and get a permit and then, after that, they go to the locals for siting. Now, your Amendment has the exact same language with respect to that on the top of page five as does the original Bill. So, I think, unless you can convince me otherwise, that your Bill does, in fact, controvert the provisions of 172 by switching the order just the same as the original Bill does. Is that not correct?"

"I... My reading of the language is that they could not... the state could not issue a permit unless the applicant submits proof to the agency that the location of the facility has been approved by the county board of the county. That's the way I read the language on the bottom 183  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 of page four and the top of page five."

"Well, that's exactly what the Bill does though. That's the exact language used in the Bill, to reverse the order. And our legal staff has analyzed that Amendment that you have to say that you've done exactly, in that respect, what the original Bill does. That language means that the permit may be granted. See, you're striking language there. Under the current law, it says no permit may be granted. Your Amendment strikes that, and it says 'may be issued'. That's a different verb. In other words, the EPA, under your Amendment and under the Bill may grant a permit. They just can't issue it until after some other things are complied with."

"Representative Homer, I had not requested that it be that way. I had requested that the local siting procedures continue to exist. I see the interpretation that can be placed on this and perhaps the interpretation can be such that the local siting requirements would be obviated by the state requirements. That is not my intent in this piece of legislation. I think that the language is subject to interpretation and, therefore, would not be a good Amendment. And so, therefore, I'm going to withdraw this Amendment, because I think that you are probably correct."

"Thank you."

"Further Amendments?"

"Floor Amendment #6, offered by Representative Wennlund."

"Gentleman from Will, Mr. Hennlund."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Amendment provides for an amending procedure at the time of completion of the applicants case before a 172 hearing before a county board or local agency. It will facilitate the siting process and allow technical 184  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 amendments to be made without extending the time requirements under the original 172 provisions. It will allow applicants who request siting approval to make technical amendments without going through the entire procedure again. And I don't want to send a false signal. I agree with the Sponsor of Amendment #1 that House (sic - Senate) Bill 1013 should be placed in Interim Study so that it can be given adequate consideration and so that both sides of the fence can sit down and work out all of the problems with the entire procedure. I move for its adoption."

"Gentleman moves for the adoption of Amendment 6 to Senate Bill 1013. Is there any discussion? There being none. the question is, 'Shall the Amendment be adopted?' Those in favor 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Further Amendments?"

"Floor Amendment #7, offered by Representative Wennlund."

"Gentleman from Will, Mr. Wennlund, on Amendment 7."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #7 is a technical change. It changes the wording from 'the Act' to 'this Act'. I move for its adoption."

"Gentleman moves for the adoption of Amendment #7 to Senate Bill 1013. There being no discussion, the question is, 'Shall it be adopted?' Those in favor 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. Amendment's adopted. Further Amendments?"

"Floor Amendment #8, offered by Representative Kulas."

"Gentleman from Cook, Mr. Kulas, on Amendment 185  69th Legislative Day 8." Kulas: STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #8 would address one of the problems brought up previously that in this... in the case of the application the Environmental Protection Agency would have to provide a copy of the draft, permit or notice of intent to deny the application to the county or to the governing body of the municipality in which the facility is to be located within five days of taking such action. I would move for its adoption."

"Gentleman from Cook, Mr. Kulas, moves for the adoption of Amendment #8 to Senate Bill 1013. And on that, the Gentleman from Fulton, Mr. Homer."

"Thank you. Will the Sponsor yield?"

"Indicates he will."

"Representative Kulas, how does Amendment #8 differ from the Bill?"

"Well, there..."

"First of all, let me ask another question first. Amendment #8 would wipe out all the Amendments that we just adopted, correct?"

"I don't believe so."

"It would... Wouldn't it eliminate..."

"Well, you might be correct."

"... Amendment #1 that Representative Breslin offered and the Amendment that Representative Klemm offered also that limits the application to Cook County?"

"You're the Assistant Parliamentarian, you tell me. Does it knock out the other Amendments? Because if it does, I'll withdraw the Amendment."

"Well, okay. I'd ask the Parliamentarian to take a look at that, because it clearly does do that. It deletes everything after the enacting clause and rewrites the Act. 186  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 So, I think it's clear that it does that and the Sponsor said, Mr. Speaker, that, in that event, he would withdraw his Amendment."

"Mr. Speaker, I'll withdraw Amendment #8."

Speaker Greiman: "Amendment Amendments?" #8 is withdrawn.

"No further Amendments."

Further Speaker Greiman: "Third Reading. The Gentleman from Cook, Mr. Kulas, asks leave of the House to use the Attendance Roll Call to have this Bill heard on the Order of Third Reading at this time. Does the Gentleman have leave? granted. Mr. Clerk, read the Bill on Third Reading."

Leave is "Senate Bill 1013, a Bill for an Act to amend the Environmental Protection Act. Third Reading of the Bill."

"Gentleman from Cook, Mr. Kulas, on Senate Bill 1013."

"Thank you. Mr. Speaker, Ladies and Gentlemen of the House. We spent a lot of time on this Bill. We've heard a lot of rhetoric. We've put on a lot of Amendments. The only reason the Amendments were put on was to try to kill the Bill. I am telling this General Assembly that there is a major problem facing the State of Illinois and, whether you like it or not, we have to face that problem. Now, Senate Bill 1013 at least tries to address that problem. If the old way didn't work, let's try a different way. Now, I'm not going to push Senate Bill 1013. I want to put that Bill into a Conference Committee and then, after we... after this House adopts House Joint Resolution 109, which would create a Committee to study the problem of solid waste disposal and which would report to this Assembly by January 1st of 1988 with some recommendations, then I will use this Bill as a vehicle for those recommendations. Now. I know again you think you're going to protect the people 187  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 in your district, but you're only going to be hurting them again because, again, you're saying, "Well, let's not look at this problem. It's not my problem; it's his problem." Well, it's not my problem or your problem or his problem; it's all of ours problem. It's a problem that won't go away because garbage keeps regenerating. Look at all the garbage in this General Assembly that we throw away every, single day - every single day, tons of paper. This garbage has to be dumped someplace. I would ask you to vote 'aye' on this Bill, and you have my word as a Member of this General Assembly that this Bill will not be called till 1988."

"Gentleman moves for the passage of Senate Bill 1013. And on that, the Gentleman from... the Lady from LaSalle, Ms. Breslin."

"Thank you, Mr. Speaker. Ladies and Gentlemen, the Sponsor has a sincere interest in addressing what he considers a problem in his area. I disagree with the manner in which he wishes to address the problem. This state and this country has a problem with disposing of its waste. We generate too much. It is a rising problem all over the world. It is not going to be solved by this approach. I agree that we should study this issue, but it should be in Interim Study; it should be with full hearings, not in a manner for a Conference Committee where five Members from each House can sit together behind closed doors and make determinations. You should know that the siting Bill in Illinois is working and is working well in all of downstate. More than 50 percent of all applications for regional pollution control facilities are approved. The Gentleman has a problem in his area in northeastern Illinois, and I agree it should be addressed. My disagreement is that it shouldn't be in a haphazard manner 188  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 69th Legislative Day or at this time. I urge defeat of this Bill and I pledge cooperation in further studying the issue over the summer. Thank you."

"Gentleman from Fulton, Mr. Homer."

"Thank you, Mr. Speaker. Ladies and Gentlemen, I have the highest regard for Representative Kulas, the Sponsor of the Bill, but, like Representative Breslin, I'm greatly concerned about a plan which would submit this Bill to Interim... to a Conference Committee Report which would not envoke the opportunity for full public debate and public hearing. It would be a little like having that barge floating around out in New York Harbor full of garbage and not knowing exactly where to sit it. And I don't think we want to do that with garbage and I don't think we want to do it with legislation that deals with garbage. Back before I came to this General Assembly, I believe it was about 1982, this Body very carefully considered the problem and adopted and passed Senate Bill 172. That was the number of it then and every one still refers to it as 172 siting. And what it did was create a very delicate balance between the interest of having a centralized agency, such as the EPA, make permit decisions and yet give local governmental units some control over where these facilities are placed. And the way that it did that was to say that before an applicant for a landfill or a regional pollution control facility could even go to the EPA to get a permit it first had to have a suitable site selected. And so there were some siting criteria determined. The local units of government were able to review those matters and pass judgement upon whether or not the site that was selected was a suitable one. The Bill also said there was an appeal procedure, so that if the local government didn't follow the prescribed criteria, the applicant could appeal 189  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 to the Pollution Control Board, who had the, and has the, authority to overrule the local unit of government in cases where a decision was made arbitrarily and not based on the criteria. Then and only then, after this local siting, could the applicant go for an EPA permit. Now, the Gentleman's Bill would controvert all that and reverse it and say that the applicant could go straight to the State EPA, get that permit and then go back to the locals. Well, what that does, Ladies and Gentlemen, is nothing less than just strip the entire authority that the local units of government had under 172, which, as Representative Breslin has correctly pointed out, has worked very well. If it ain't broke, don't fix it. And if you don't have an idea ready to be considered after hearing, don't put it in a Conference Report. And so I would urge your defeat of this Bill."

"The Gentleman from St. Clair, Mr. Flinn."

"Mr. Speaker, I move the previous question."

"The Gentleman from St. Clair, Mr. Flinn, moves the previous question be put. Those in favor 'aye", opposed 'no". In the opinion of the Chair, the 'ayes' have it. Gentleman from Cook, Mr. Kulas, to close."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Again, I would just reiterate in closing, briefly, that this is a problem that won't go away. This is a problem that we might face. Now all the previous speakers who have spoken against this Bill have landfills in their area. I understand where they're coming from. But let's not say if it ain't broke, don't fix it, because it is broke. And it's a big problem. And garbage won't go away. It's a problem which needs study, and I would ask to get this Bill out of the House and into Conference Committee."

"Question is, 'Shall this Bill pass?' All those 190  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 in favor signify by voting 'aye", those opposed vote 'no". Voting is now open. This is final action. Gentleman from Cook, Mr. Leverenz, one minute to explain your vote."

"I don't think I have to. Thank you."

"Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 15 'ayes', 94 'nos', 6 'present', and the Bill fails. On this Order appears Senate Bill 1426. Mr. Clerk."

"Senate Bill 1426, a Bill for an Act in relation to the regulation of underground storage tanks. Second Reading of the Bill. No Committee Amendments."

"Are there Floor Amendments?"

"Floor Amendment #1, offered by Representative Kulas."

"Gentleman from Cook, Mr. Kulas. on Amendment 1."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 becomes the Bill. This is the underground storage tank legislation which we and all the interested parties have been working on for the last three months. The Amendment itself creates a new fund to be known as the Underground Storage Tank Fund to be used by the Illinois EPA to respond to releases of petroleum from underground storage tanks and by the Office of the State Fire Marshal to respond to petroleum releases. This Fund will also act as a kind of insurance pool. The tank owners who pay an annual fee of 100 dollars per tank and register their tanks with the Office of the State Fire Marshal will only be responsible for the first 100,000 dollars of any cleanup work and the Fund will cover the remaining costs. This is an agreed Amendment, and I would move for its adoption."

"Gentleman from Cook, Mr. Kulas, moves for the 191  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 adoption of Amendment #1 to Senate Bill 1426. And on that, is there any discussion? There being none, the question is, 'Shall the Amendment be adopted?' All in... All in favor signify by saying 'aye', those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Are there further Amendments?"

"No further Amendments."

"Third Reading. The Gentleman from Cook, Mr. Kulas, asks leave of the House, using the Attendance Roll Call, that this Bill be heard on the Order of Third Reading at this time. Gentleman have leave? Leave is granted. Mr. Clerk, read the Bill on Third Reading."

"Senate Bill 1426, a Bill for an Act to amend Sections of the Environmental Protection Act. Third Reading of the Bill."

"The Gentleman from Cook, Mr. Kulas."

"Thank you. Mr. Speaker. Amendment #1 which we have just adopted is the Bill. This is the underground storage tank legislation, and I would ask for a favorable Roll Call."

"Gentleman moves for the passage of Senate Bill 1426. And on that, is there any discussion? There being none, the question is, 'Shall the Bill pass?'... 'Shall this Bill pass?' All those in favor signify by voting 'aye', those opposed vote 'no'. The 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 114 voting 'aye', none voting 'no', none voting 'present', and this Bill, having received a Constitutional Amendment (sic Majority), is hereby declared passed. Representative Breslin, in the Chair."

"Ladies and Gentlemen, the next Order of Business is Election Law - Second Reading, page 16 on your 192  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 yellow program. The first Bill is Senate Bill 120, Representative Daley. Out of the record. The next Bill is Senate Bill 652, Representative Greiman. Clerk, read the Bill."

"Senate Bill 652, a Bill for an Act to amend Sections of the Election Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."

"Any Motions?"

"No Motions filed."

"Any Floor Amendments?"

"Floor Amendment #2, offered by Representative Johnson and Countryman."

"Representative Countryman."

"I ask to withdraw Amendment #2."

"Withdraw #2. Are there any further Amendments? Representative Slater, for what reason do you seek recognition?"

"Madam Speaker, on behalf of this side of the aisle, we seek leave to withdraw Amendments 2 through 22."

"Withdraw Amendments 2 through 22. Are there any further Amendments?"

"Floor Amendment #23, offered by Representative Greiman."

"Representative Greiman."

"Thank you, Repres... Mr. Speaker... Madam Speaker. We have worked for several weeks in trying to develop an election package in two Bills and a Resolution that would provide input from various segments in each of the parties, as well as both sides of the aisle. And many... the Amendment is quite exhaustive and quite complete. But there are probably pieces, or incomplete, of 40 Bills perhaps, in this ... 40 or 50 Bills that are in this Amendment. There are, I suppose, parts of it which have 193  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 been worked over by various people and have gotten some of the issues that they cared about in the Bill. There were some that were excluded, because we couldn't come to a consensus on them. There are some, I suppose, that are obnoxious to some and some that are not in there that ones would like; but, like many comprehensive Bills, one has to have a spirit of compromise. And in that sense, the Floor Amendment 23 is offered. I could... hopefully can answer questions, if there are any."

"The Gentleman has moved for the passage... or the adoption of Amendment #23. And on that question, the Gentleman from McDonough, Representative Slater."

"Thank you, Madam Speaker. Indeed, Amendment #23 is the result of some degree of compromise on the part of the two sides of the aisle. However. I think it would be amiss if we didn't point out how difficult it was to get to the point of compromise. In 1986, there were no meetings of the Election Committee. In 1987, there were no meetings until after the election contest was decided by this House. And in our initial organization meeting, we did nothing. In our second meeting, we met. In our third meeting, nobody was present; but, on an Attendance Roll Call, the Chairman of the Committee passed out a shell Bill. This House didn't deal with that shell Bill or the other shell Bill which, by agreement with the Democrats, was placed on the Calendar. So then we come into the second part of this Session, and we have a couple of meetings. At the first meeting, we heard seven Republican Bills. None of those Bills, although they did receive a hearing, received a fair hearing. Each and every Roll Call vote was on a straight partisan division. And then we go to the last meeting that we had of our Committee and, at that Committee meeting, we heard three Bills. We heard Senate Bill 120, Senate Bill 194  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 752 and Senate Bill 753. And each of those Bills were passed out on partisan Roll Calls; and, before any other Bills could be called, the Chairman, after about a 15 minute meeting, slammed the gavel down, adjourned the meeting and no hearing... no fair hearing whatsoever was provided for any Republican Bills. And that goes for the entire year - that's the kind of treatment that this side of the aisle has had when it comes to election law or any kind of modification, any kind of reform to elections in Illinois. And then there was refusal to discharge any Republican Bills. So, while this is the result of some degree of compromise and while there are, indeed, some Republican initiatives involved in Amendment #23, I think that it hardly speaks well for a democracy, it hardly speaks well for this Body that we have to do business in such a way. Thank you very much."

"The Gentleman from McHenry, Representative Klemm."

"Thank you, Madam Speaker. Would the Sponsor yield for a question?"

"He will."

"Representative Greiman, I'm just looking through this 207 page Amendment, and I notice that it seems as if we're creating a new elected position for county government, county superintendent of highways, is that correct?"

"By referendum of the voters, only in counties that would want to do it, by referendum of the voters."

"But this would be a new approach for those who wish to petition the county board, apparently, and they could then end up creating a new elected position, is that right?"

"It could be by referendum or by the county board making that decision."

"Or an ordinance or resolution by the county. Alright. 195  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 Do the counties..."

"It's a referendum... it must be a referendum in any event. The referendum can be initiated either by ballot or... by petition, I mean, or by the county board, but there would have to be a referendum."

"Well, the underlying Section has a lot of 'ors'. 'Or an ordinance, or resolution', and so, therefore, it seems like there are more permissive things than just the referendum you're telling me about. But that's another point. Do the counties support creating this additional elected official's position? How did this come about?"

"That comes out of a Bill from Senator Woodyard and Representative Van Duyne. If I could yield to Representative Van Duyne, he could explain Senator Woodyard's position on that."

"Sure, fine."

"Representative Van Duyne."

"Yes, thank you, Madam Speaker. Representative Klemm, that Bill was brought here by Representative Babe... I mean, Senator Babe Woodyard because of the fact that in Stark County they had a referendum that would ... say specifically that they do elect their county road commissioner, but there is no provision in the law for doing that. So, in the Bill, it gives them, the county, the right to do it by referendum or do it by county board choice if they so choose. But there is no provision in the referendum has already passed. And, by the way, before you answer that, there was also a provision put in the Bill whereby their salaries were established at 80 percent of the salary... the present salary of their state's attorney in the county in which they were being elected."

"Their salary would be 80 percent of the..."

"Of the present state's attorney." 196  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"Let me ask you a question. What if June 26, 1987 an appointed county... or the county board appoints a superintendent of highways, which they're doing now - their salary was less or more than - they have a contract, I think a five year appointment, how does that change that if all of a sudden, through a petition or an ordinance, they change that provision for an election and yet they have a five year contract with a superintendent of highways?"

"Well, first of all... First of all, I think the term of office is six years, and it doesn't... this Bill does not address that at all. It does not abrogate contracts, no."

"Would we have two... Would we have two superintendents of highways then?"

"No, it does not address that and it does not abrogate the contract which is already signed."

"Well, if it doesn't address it, it doesn't correct it or give it the choice, we have then in the statutes two... two superintendent of highways; one that was appointed by the county board for, as you say, a six year contract, and another that by petition referendum they say you will elect another one. We end up with two then. Wouldn't you want corrective language to either have..."

"No, no, Representative Klemm. I hope that you can understand that when I said it doesn't abrogate the contract that exists, even if the petition was successful or the county board chose to go by an elected county superintendent of highways, it would have to wait until the present term naturally lapsed."

"Do you know of any... is the County Board Association supporting this Bill?"

"The only county... Well, let me just say this very simply. The necessity for the Bill is that the choice does 197  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 already exist and the people in Clark County have taken advantage of that and they have passed a referendum saying that they will elect their county superintendent of highways. So, we must make some kind of an orderly transfer of this for them."

"Well, because they had an election, did that create an elected superintendent of highways in that county? Is that what you're telling me?"

"Well, what we do is say that the... we make an orderly transition..."

"I didn't read the county law of having... giving them that authority."

"We... We spell out the way they do it. We spell out the way they do it. Right now, they have voted the referendum and supposedly they will have an elected county superintendent of highways, but they have no procedural method for doing it. So that's the reason and, of course, the idea of the whole Bill."

"So, existing legislation now gives a county the authority to have an elected superintendent of highways, is that what you're saying?"

"And spells out the pay that they will pay him."

"Fine, thank you very much."

"And it's a matter of choice by the way. They don't have to."

"Excuse me. The Gentleman from DeKalb, Representative Countryman, on the Bill."

"On the Amendment."

"On the Amendment, excuse me."

"Thank you... Thank you, Madam Speaker. And I'm not going to take the time of the Body to go through this in full detail because I think the Amendment's going to be adopted. But I do want to make a couple of points. Our 198  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEЗАТЕ 69th Legislative Day spokesman, June 26. 1987 Representative Slater, has done a fine job in pointing out our problems with the process, and I think, as I stand here today, I realize that we're going to end up, as Representative Greiman has indicated, with two Bills. And this Bill that you have... this Amendment in front of you now incorporates about 40 Bills, as I roughly look over the analysis I have in front of me. And some of those Bills are Bills that I supported and I introduced in this General Assembly and that I support with my whole heart. way. But some of those are those that I opposed, and I think that what I have to say is that we're opposed to this this process. What Representative Klemm just did was to explore a lot of things on a Bill which should have been debated separately and voted upon. We have voted upon all kinds of other Bills. I'm the spokesman of the Judiciary II Committee. We must have had hundreds of criminal law Bills that Members have introduced. This is not the way to do it. This is not the process, but we have forced at least some ability to put a Bill together by our process here. But this should not be a separation across the aisle. Those people across the aisle from me have come to me and said to me, *Hould you support my election Bills?* And some of those are find, outstanding election Bills, and I would support them on a free and independent vote, and they would support mine because they would recognize the merit in them. And even those of mine that should have failed, let them fail, but let them be debated. That's the way a democracy works and that's what we need to do. So, by no vote should any Member in this General Assembly think that they are condoning this process. This process is wrong, and I say to you, Mr. Speaker, it's up to to correct it. Let's put together an Elections Committee that works, and let's go about the business of you 199  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 making the laws of the State of Illinois, when it comes to elections, fair and equitable for everybody. I do have to point out to the Members on this side of the aisle that we take no position with regard to this Amendment. It contains some of our Bills and some Bills that have been agreed upon on the other side of the aisle and their compromise. It contains the exact language of Senate Bill 10 and our Members should be aware that it has repeated in there all of the language of Senate Bill 10. And you know what I'm talking about when I say Senate Bill 10. It also has in there, as I've said before, several Bills which I'm vitally interested in that'll improve the registration process in this state, that'll improve the integrity of the election process. So, it's a tough, tough decision when it comes to adopting this Amendment. I thank you for your time."

"The Lady from DuPage, Representative Cowlishaw."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. The procedures and the conduct of the Election Law Committee of this House throughout this Spring Session has reminded me that I ought to go back and look at the work of a great American satirist in the classic tradition. His name was 'Ambrose Bierce, and he wrote a book called The Devil's Dictionary. It is a very interesting book, and it is very well written and it is, in fact, a dictionary written from the point of view of the Devil. The behavior of the Election Law Committee, having been somewhat devilish, I decided to look up in this book what Ambrose Bierce's definition is of politics. It is particularly suitable, I think, to address once and for all a definition of the Election Law Committee. Author Bierce says in defining politics, 'A strife of interests masquerading as a 200  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 contest of principles; the conduct of public affairs for private advantage.* Thank you, Madam Speaker."

"The Lady from Cook, Representative Pullen."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I think that it should be pointed out that one of the many provisions in this Bill would permit someone who is removed from the rolls at a canvass to vote at the next election by affidavit, but provides for no signature comparison so that there is no record at the polling place of the person's original registration card. Now we all know that when a canvass is conducted, those persons whose names are removed for whatever reason, such as that a telephone pole was at their address rather than a residence, are notified that they have been removed and can get themselves restored by showing the election authority that they do live at the address on the registration card. But a provision in this Amendment would allow them to vote at the next election even if they lived at a telephone pole or even if they weren't really that person, because it allows them to be reinstated by affidavit for the purposes of that election with no opportunity for the judges to compare the signature of the person who presents himself with the signature of the person who at one time registered to vote. I think that that is an extremely dangerous provision and that it is violative of our whole system of elections, that it makes the canvass absolutely worthless and a joke and dilutes the votes of valid voters in Illinois. And it is on account of that provision that I would urge rejection of this Amendment."

"The Gentleman from Coles, Representative Weaver."

"Thank you, Madam Speaker. This Amendment, a lot of reference has been made to the election of the county road 201  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 commissioners. Clark County is a part of my Legislative District, and the underlying Bill that this was referred to came from Senator Woodyard. Since the Bill has been drafted, I've heard from numerous people back in Clark County and all of a sudden they've decided they really don't want an elected road commissioner for a couple of reasons. One of the reasons is that, because the salary was set so high, they don't feel like they can afford one at that level. Another reason is that because of the requirements of the election and the other parts involved with this, they really don't have anyone qualified which would result in them having a county road commissioner elected from outside their own county. They've had a change of heart. They've discovered it's entirely too costly. No one is qualified locally; and, although the idea sounded good initially, it's become too expensive and too political for them. I had an opportunity to pick this Bill up when it came over. I don't know why the Representative on the other side of the aisle picked it up. It was never heard, never debated, and I think it's a bad idea at this time and the local people have also changed their minds. I urge a 'no' vote on this Amendment."

"The Gentleman from Warren, Representative Hultgren."

"Thank you, Madam Speaker. Let me say at the outset that I would like to express my appreciation to the Sponsor of the Amendment and all the folks that worked with him in trying to reach this compromised Amendment. I'm sure there was a great deal of time that went into the deliberations and I think all the Members of the House are appreciative of the time that they devoted to that. I would like to point out, however, that this Amendment is 205 pages in length. It was delivered on the floor. I received my 202  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 copy at 3:57 p.m. this afternoon. It's now 4:44. That's less than an hour ago, and this document is 207 pages in length. I simply cannot digest that much material in that short amount of time; and, for that reason, I'm going to have to vote 'present on this Amendment because I simply don't know what's there. I do, however, appreciate all the hard work that went into it, and I wish that I had more time to go through it and digest it. Thank you."

"The Lady from Lake, Representative Stern."

"Madam Speaker and Members of the House, just a word about this superintendent of highways which is a little different from a road commissioner, I think, Representative Weaver. As I understand it, and feel free, anyone, to correct me if I'm wrong, the referendum on the question of whether or not to have an elected superintendent of highways has already been held, and I don't think it is appropriate for us just to forget about it and not give them enough of the law to implement that referendum, which is what the purpose of that particular Bill was. There is an Amendment coming up later that will take care of the salary question. But I don't think we can simply decide because a few people or even a majority of people have unofficially changed their minds about whether or not it was a good idea, I don't think it is appropriate for us to just forget about it. Thank you."

Speaker Breslin: "Representative Greiman, to close. Representative Greiman, you're recognized to close."

"I just would ask for a favorable vote."

Speaker Breslin: "The question is, 'Shall Senate 3ill 652 pass?"* (sic) All those in favor vote 'aye', all those opposed vote "no". Voting is open. Representative Countryman... excuse me. We're just adopting Amendment $23. So, all those in favor vote 'aye', all those opposed vote 'no'. 203  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 69th Legislative Day This is just on the adoption of the Amendment. Have all voted who wish? The Clerk will take the record. On this question there are 101 voting aye, 5 voting'no' and 5 voting present', and the Amendment is adopted. Are there any further Amendments?"

"Floor Amendment $24, offered by Representative Stern."

"Representative Stern."

"Amendment 24 deals with the question we were just discussing. I don't think there is much difference of opinion on the question of whether or not it is wise to elect a superintendent of highways. I think most of us think it's kind of a dumb idea. But because the way the law was originally put in, a salary was fixed, and it was fixed at 30,000 dollars and there was some concern that because it was so much less than many superintendents of highways would be getting, that many of the counties might decide this was the way to go, because they could, perhaps, save money in this way. I have been asked and prepared an Amendment which pegs the salaries for the superintendents of highways in those counties which are going to do this, and we all hope there won't be many, to 80 percent of the state's attorneys salaries in those counties. It is by population. A small county, 30,000 on up to the larger counties at 55,000 dollars. I will answer questions if you have any."

"The question is, Shall Amendment #24 be adopted?" And on that question, the Gentleman from McDonough, Representative Slater."

"Thank you, Madam Speaker. Will the Sponsor yield for questions?"

"She will."

"Sure." 204  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"As I read the Bill, on page 204, June 26, 1987 there's already a provision for salary and that provision says that the salary shall be not less than 30,000 dollars."

"That's right."

"My next question to you is, was this part of any kind of an agreement as it related to the election law compromises?"

"I'm not sure I follow the question."

"Well, in other words, we just had a Bill up here that had 200 and some pages in it..."

"Right."

"And that was an agreed upon compromise between both sides of the aisle."

"Right."

"This is the first time I, as the spokesperson for the Republican side, have seen this Amendment."

"Well, Mr. Slater, I take responsibility for that, and I'm sorry. I... It just never occurred to me, and it should have. This was an effort to prevent other counties from thinking that they could pay just 30,000 dollars and thereby... therefore, they would start electing their superintendents of highways. You are quite correct, Sir, and I publicly apologize to you. I should have come to you."

"Thank you, Representative Stern. Did you go to Representative Greiman? Did you talk about this with Representative Greiman?"

"I talked to Representative Greiman about it, and it was just yesterday afternoon that this thing began, and your objection is quite correctly based."

"Thank you very much. In response, it was just yesterday afternoon that the so-called compromise was put together. I feel personally offended that we were not on this side 205  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day informed that this particular piece of going to be filed as another Amendment. June 26, 1987 legislation was It is a situation where salaries are already called for on the inside of the Bill."

"Are you finished. Representative Slater?"

"Representative Greiman wants to comment. I'd like to finish after he's..."

"No, you proceed with your comments and then we'll go to the next speaker."

"Well, the salaries are already... already pointed out in the Bill. We've already talked about the difficulty that we've had in terms of trying to get any form of election law heard by this Body, the difficulty we've had in getting anything decided. We've had a compromise. In the spirit of compromise we've acted, in the... I think, face of that compromise, we've had something thrown up here by Grace Mary Stern, who is an outstanding Legislator, and I'm surprised that it happened. I feel sorry that it happened, but I would urge everyone on this side of the aisle to vote "no"."

Speaker Breslin: "The Gentleman from Cook, Representative Greiman."

"I have no position on this Amendment whatsoever. not... the It's Gentleman is correct. I cer... It was not submitted to me to submit to Mr. Slater. I didn't... we didn't do it. If Representative Stern, who is an outstanding Legislator, as Representative Slater has said, faint praise, of... and can win the hearts and minds of the General Assembly, then, sure, why not? But I have no position on it, and I don't... I'm not angry about it, but I think it's up to the Body."

"The Gentleman from DeKalb, Representative Countryman." 206  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"Point of order, Madam Speaker. June 26, 1987 Is this Amendment in order?"

"Can I see the Amendment, Representative Countryman. Representative Countryman." please? the Amendment is in order.

"Well, thank you, Madam Speaker. Am I recognized to address the Amendment then?"

"Surely."

"Thank you. Madam Speaker and Ladies and Gentlemen of the House, Representative Slater has taken over as spokesman on this side of the aisle in the absence of Representative Myron Olson, and I have been a part of the negotiations and the process, but I've been careful in my negotiations and process to make sure that Representative Slater has represented us as the spokesman and our representative on this... on this side of the aisle. But I have not been contacted by the Sponsor, and I have a great deal of respect for the Sponsor of this Amendment. However, we have been told, in the course of negotiations, that this Amendment was a comprehensive Amendment, that it would be agreed... that the proposals from the other side of the aisle would be agreed. And..."

"Excuse me, Representative Countryman. I think it's appropriate for the Chair to remind the Body that any Member has a right, under our rules, to propose an Amendment regardless of what arrangements or agreements are made by other Members. Now, I think it is appropriate that if you object to the Amendment, that you confine your remarks to the Amendment. Countryman: Proceed, Sir." "Well, thank you, Madam Speaker. I respect the Chair, and I respect those comments, and I know we have a tendency to get a little bit excited over here over these issues. But we're withdrawing a large number of Amendments 207  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day to get one comprehensive Amendment together, that's what causes us our excitement. June 26, 1987 and I think I particularly don't have any qualm with this Amendment. But I'm asking the Members on this side of the aisle to vote against it because it was not cleared on this side of the aisle. Thank you."

"The Gentleman from Will, Representative Van Duyne."

"In answer to some of the... Thank you, Madam Speaker. In answer to some of the problems here, I was the House Sponsor of this Bill and when I went to Committee, unlike the stories you hear passed around this House floor that all the Democrat Bills get heard and only the Republican Bills get shuffled off to Buffalo, Representative Huff can tell you that I was there in Committee with this Bill, and I was shuffled off to Buffalo and was guaranteed that this problem would be corrected at a later date. And I'm just saying now, in all justification for Representative Stern's Amendment. that this is the later date and we're trying to correct an inequity that now exists. In some counties, the pay is too high. It's an arbitrary figure of 30,000; and. in some counties, that figure is too high and, in some counties like Cook or maybe DuPage, is too low. So, the percentage is being instituted to try to correct this. Whether the Bill is agreed or not agreed, I think if there is an inequity there, that it should be corrected, and I support her Amendment."

"The Gentleman from DuPage, Representative McCracken."

"Thank you, Madam Speaker. I think it's ironic that the Chair, and we're not speaking of you personally, it's ironic of the Chair to remind this side of the aisle of the requirements of debate and rules of procedure which govern 208  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 this Body when, in fact, you have abused the rules of this Body in stopping election reform legislation. It has been going on for two years now. The press knows about it. The only reason we got Bills called for a vote in the Committee was because the Speaker acceded to our demands when he was caught in the Chair and had no recourse but to agree with us. So, I think it's perfectly in order to talk about the procedure by which this Amendment gets before us. The Lady is not to be blamed for making the Amendment. The point is, if she were a Republican, that would not have been made. She would not have gotten to this stage in the process. And for them to belittle and to trivialize..."

"Excuse me, Representative McCracken. Turn the Gentleman off, Sir."

"No, no, Madam Speaker, please. This is germane..."

"Excuse me. Representative Stern, for what reason do you rise?"

"I would like to withdraw the Amendment, please."

"The Lady has withdrawn the Amendment. The Chair repeats that the Lady is a Member of this Assembly and has as much a right as anyone to propose Amendments regardless, and that will be protected by the Chair. The Lady has withdrawn the Amendment. Are there any further Amendments?"

"There are no further Amendments."

"Third Reading. Representative Greiman now asks leave for immediate consideration of Senate... He doesn't need leave. The Bill is on Third Reading. Read the Bill, Mr. Clerk."

"Senate Bill 652, a Bill for an Act to amend the Election Code. Third Reading of the Bill."

"Representative Greiman."

"The Amendment becomes the Bill, and I would ask for a 209  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DESATE 69th Legislative Day favorable response."

Senate Bill "The Gentleman has moved for the 642. And on that question, discussion? Hearing none, the question is, June 26, 1987 passage of is there any Shall Senate Bill...' On the question, the Gentleman from DuPage, Representative McCracken."

"Thank Madam Speaker. you, Again, Ladies and Gentlemen, this is a compromise, a compromise that has been fought for for two years, a compromise that is not desirable in all of its detail, a compromise which is created and forced upon us because of the recalcitrance of this Body to consider election reform law in an orderly manner. The process by which we got here has been recounted for you by Representative Slater. It is the process which is the story that deserves to be told today. It is the process which is on trial by virtue of what has been forced upon us. And that process has been to thwart the orderly procedure of considering election laws, of considering election reform, rather than a series of Bills which would be adopted on their merits. rather than a series of Amendments which would be adopted on their merits. We are faced with an omnibus Bill, a take it or leave it position forced on us in an effort to get meaningful Solidarity I've said reform. Senate Bill 10 is in here, the Amendment. We're forced to accept that again because of our desire for reform. I find it ironic, as before, that the Chair seeks to impose rules of debate upon us when the issue is the procedure by which we come here. Let no one forget that this is the result of the other side of the aisle's fear of reform."

"The Gentleman from DeKalb, Representative Countryman."

"Thank you, Madam Speaker, Ladies and Gentlemen of 210  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 the Body. I think it's important that I at least highlight some things that are in this Bill now. I respect the Sponsor and I've worked with him in putting this Amendment together. But I know that the Members on my side of the aisle are coming to me and they're saying, "What's in the Bill now?" And I think it's incumbent that we tell them some of the things, at least, that are in the Bill. And so, by my making these comments. I want the Members to know that this is a compromise and that there are some things in here that are good from my vantage point and there are some things that are bad from my vantage point and you're going to have to make one of those tough decisions. This incorporates the provisions of Senate Bill 120 which requires the joint nomination of candidates for Governor and Lieutenant Governor. That was the Bill that was taken out of the record a few minutes ago by its Sponsor. It provides for provisions that will increase the... the effectiveness of write-in votes and provides the things that one of the previous speakers talked about on the Amendment for people to go to the polling place on election day and, if they voted in the previous election, they can be permitted to vote upon presentation of identification. That would be the same as if they had identification where they're registered, two pieces of identification, or upon signing of an affidavit and bringing some other person with them to indicate that they live in the precinct. It reduces the deadline for filing vacancies in nominations in cases where no candidate's name was printed on the ballot from 60 days after the primary to 30 days after the primary. As I said before, it contains word-for-word the language of Senate Bill 10, the Solidarity Bill, which we had such a vigorous debate on some weeks ago in this Body. It also reduces the time... or increases, in essence, the 211  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 time which deputy registrars, and this is a Bill that Representative Wolf and I worked on together, can register voters before an election to 28 days before the election. Then it will also require that they have to file those within the seven days prior to the 28th day within 48 hours and then 24 hours after the ... the close of registration. It's an improvement in the areas of voter registration. It contains some...or a post election testing which is a Bill which I introduced and sponsored, which will improve the Integrity of the process; but, by the same token, it has all of these other things which I've mentioned plus some more which are probably not as controversial. And I thank you for giving me the opportunity to speak on this."

"The question is, 'Shall Senate Bill 652 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 105 voting 'aye', 7 voting 'no' and 3 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 653, Representative Greiman. Clerk, read the Bill."

"Senate Bill 653, a Bill for an Act to amend the Election Code. Has been read a second time previously. No Committee Amendments."

"Are there any Floor Amendments?"

"Floor Amendment #1 is being offered by Representatives Johnson and Countryman."

"Representative Slater is recognized."

"Thank you, Madam Speaker. Withdraw Amendments 1 through 41."

"Representative Slater withdraws Amendments #1 through 21..." 212  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987

"41. 41."

"Forty-one. One through 41. That should cut out a little time. Are there any further Amendments?"

"Floor Amendment #42, offered by Representative Greiman."

"Representative Greiman."

"Thank you. Speaker, Ladies and Gentlemen of the House, Amendment 42 is somewhat more limited in scope than the previous Amendment that I brought to this House. This Amendment includes, among other things, the Solidarity issues. It sunsets the delegation selection for a part of the Democratic option. It places into the Bill language suggested with respect to Solidarity and the selection of members of the State Board that the Governor of Illinois has suggested. It provides for local authorities to reduce their number of precinct judges on small, out-year elections. Changes the term definition of a State Senator so that we can have a clarity in terms of when someone is elected to a new term. And provides an issue which has been of great concern to everyone since the last election and since the last few elections and that is to provide a different method of payment to... to election judges. We right now have two separate ways, one for Cook and DuPage and one for the rest of the state. We have a range in the rest of the state. This would change the rate to provide a range of 35 to 65 dollars to be paid by the counties with a... sort of a hold harmless so that a county can't go down below what it's paying now. It also provides then that 15 dollars additionally shall be paid for the judges on their main salary. It increases from 10 to 30 dollars the amount to be paid by the judges for... to the judges for going to school, so that the highest one could get would be, if you went to school, is 30 dollars, which would be added, of 213  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day course, to the range of 65 dollars. June 26, 1987 It requires the State of Illinois to pay the increased amount. In addit... The figures for that, of course, are not easy to figure out, but there are 14,000 precincts. Each have five judges in the out-years. Some will have three judges in other years. And it probably is a range in about, if you averaged it out, someplace in the range of two million to two and a half million dollars per election. Additionally, the Bill has the computer programming that the four legislative Leaders agreed upon and that is what is in this Bill... this Amendment, and the Amendment becomes the Bill. I would ask for your adoption."

"The Gentleman has moved for the adoption of Amendment #42. And on that question, is there any discussion? Hearing none, the Gentleman from McDonough, Representative Slater."

"Thank you, Madam Speaker. I heard someone on the other side of the aisle comment we spent 45 minutes on that dill and it got 105 votes. Well, if we'd gone through the 20 some Amendments that we had on that Bill to get a fair hearing on Republican initiatives and if we'd gone through the 41 Amendments that we have on this Bill, we'd be here all night. For the Republican Members, I'd like to say that if you've made a commitment to support increases to your election judges back home, you should vote for this Bill. If you haven't made that commitment and you don't want to spend 3.25 million dollars per year to support additional election judges salaries throughout the State of Illinois, then you should vote 'no', because this Bill contains all the elements of Solidarity Bill, Senate Bill 10, and it also contains other things which may or may not be relevant to you. It essentially undoes Solidarity and also compensates judges. The next thing it does is reduce 214  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 the number of election judges you have to have in off election years. And, finally, it has some State Board of Election initiatives in it. So, use your own judgement. If you want to support judges, vote 'yes'. If you feel we can't afford those types of things right now, 3.25 million dollars per year, plus more in other years - 3.25 one year and the next year it's probably going to be about five million. So, vote your fiscal conscience."

"There being no further discussion, Representative Greiman, to close."

"Yes, I would like to take this opportunity, certainly not to discuss some of the issues that have been discussed, but I did want to first discuss... first just comment that many of the original election issues were discussed with Representative Olson and I wish to publicly thank him for his cooperation and to thank Representative ... Representative Slater and Representative Countryman who, I'm told, was once the Chairman, actually, of the Election Board, and as well as Representative Huff, who is the Chairman of that Committee. I appreciate all of the Committee, as well as the two staff members who had to go through this. I do appreciate their efforts in bringing this to a resolution, and I would ask for the adoption of the Resolution (sic - Amendment)."

"The question is, 'Shall Amendment #42 be adopted?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Are there any further Amendments?"

"There are no further Amendments."

"Third Reading. Read the Bill on Third."

"Senate Bill 653, a Bill for an Act to amend the Election Code. Third Reading of the Bill." 215  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"Representative Greiman."

"The Amendment is the Bill." June 26, 1987

"The Gentleman has moved for the passage of Senate Bill 653. And on that question, the Gentleman from DeKalb, Representative Countryman."

"Thank you, Madam Speaker and Ladies and Gentlemen of the Assembly. I have apologized, I guess, in the past couple of Bills for taking the time of the General Assembly, and I know the Chair well and I know the Chair wants to move things along. But these are important matters and this is very little debate on what is a major, major piece of legislation. The last Bill was a major piece of legislation. This Bill, once again, is a major piece of legislation. So, I'm going to go over this one because it doesn't have nearly as much as the last Bill. This Bill, in my mind, with the Amendment on it, doesn't merit our vote. This Bill contains the language of Senate Bill 10 word-for-word. I'm not going to repeat all the arguments against that. It was in the last Bill. It's been in every Bill. But sometimes you have to vote things based upon the weight of the compromise. But the rest of the weight of this Bill doesn't contain a sufficient compromise to vote for it. Senate Bill 1320 is incorporated in this. This is a bipartisan Bill designed to ensure compliance by the State Board of Elections with the voter information system. But that on its own does not merit voting for the Bill. It also contains Senate Bill 644, which I sponsored here in the House, which reduces the number of judges which the election authority would be required to have in any election precinct in the odd-year elections from three ... from five to three. Now that's a money saving thing, and it was something that I suggested, I think, and I think Representative Greiman agreed when 216  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 we're going to talk about raising judges' salaries. Now, I would like to raise the salary of judges, and I know a lot of you would. But we dealt all day yesterday with the finances of this state, and that's the important thing that's contained in this. We are going to mandate that the State of Illinois now pay 35 dollars to 65 dollars a day. So, it requires the state to pay all increases up to 15 dollars per day. That, according to our calculations, would raise from 10 dollars, which we now pay, another...to 40 dollars a day in reimbursement. Our calculations by our staff indicate that in the first year that will cost us 3.25 million in GRF. Now we're talking over here - you know, fighting Bills for 50,000 dollars going to education and other priorities. Frankly, the system of election judges in this state has worked, but now we're going to underwrite the cost. If those counties are paying over that cost now, we're going to be ended up under... end up underwriting that cost by the State of Illinois. I, frankly, think that we ought to vote against this and look to come back next year, have some fair and impartial hearings, deal with it in a separate Bill and get every Member's input and deal with the question of election compensation. It also adds language which would make certain that the...that the chief executive... or the highest ranking constitutional officer not of the Governor's party would appoint members to the State Board of Elections. This is related to the Solidarity problem and I'll let you make your mind up with regard to that. But, overall, this is not a piece of legislation that I'm in favor of, and I am going to vote 'no' and ask you to join me in doing so. Thank you."

"The Gentleman from Winnebago, Representative Mulcahey." 217  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"Madam June 26, 1987 Speaker, let's move the previous question on this nonsense."

"There's only one person waiting to speak. If we don't.

"That's one too many probably. Why don't we move the previous question."

"Could I implore you to withdraw that?"

"Proceed. Proceed."

"Since we have had... not had a lot of discussion on elections. The Gentleman has changed his mind in the meantime. So, we are ready to close. The question is, 'Shall Senate Bill 653 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 71 voting 'aye', 40 voting 'no' and 4 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. The next Order of Business is Election Law - Third Reading. The first Bill is House Joint Resolution 94. It appears on page 17 on your pink sheets. Mr. Clerk, read the Resolution."

"House Joint Resolution 94, creates a Joint Committee on Campaign Ethics."

"Representative Greiman. Representative Greiman, are you presenting this House Joint Resolution?"

"But I believe there are Amendments."

"I understand. What Amendments are filed, Mr. Clerk?"

"Floor Amendment #1 is being offered by Representative Regan - et al."

"I didn't hear the name again."

"Representative Regan."

"Representative Regan." 218  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"Thank you, Madam Speaker, Members of June 26, 1987 the House. Amendment #1 is an ethical Amendment to the Campaign Ethics Committee's exist. Resolution. Campaign ethics, some say, don't Some say. If you can't stand the heat, get out of the kitchen." available to the politician. his opponent, We stand the Slander and liable pleas are hardly He lives in a fish bowl with inches away like a hungry cat. Every two years in the House, we have to do this. rigors of the campaign abuse, sometimes from overzealous campaign aides, sometimes from staffers. I believe that this should be corrected and I believe that this Resolution is on the right track. The original drafting is certainly in the right direction; and, with this minor change of the makeup of the Committee, I feel we can set a standard for the nation. Amendment #1 simply allows all four Leaders to appoint five Members each to this Committee. three Legislators, two members of the public, making a total count of 20 Members on the Committee. I urge its adoption."

Speaker Breslin: "The Gentleman has moved for the adoption of Floor Amendment #1. And on that question. is there any discussion? Hearing no discussion, the question is, 'Shall Amendment #1 be adopted?* All those in favor say 'aye", all those opposed say 'no'. In the opinion of the Chair, the ayes have it and the Amendment is adopted. Are there any further Amendments? Representative Slater."

"Floor Amendment #2. offered by Representative Slater."

"Representative Slater." "Thank you, Madam Speaker. Withdraw Amendments 2 through 10."

"Withdraw Amendments #2 through 10. Are there any further Amendments?" 219  69th Legislative Day

"There are no further Amendments."

"Third Reading. Representative Greiman now asks leave to present this Bill (sic Resolution). Does it need to be read a third time, Mr. Clerk?"

"House Joint Resolution 94 creates a Joint Committee on Campaign Ethics."

"I can't tell who you're pointing to, Sir. Representative Greiman."

"Yes, Representative Stern is the Sponsor of this... hyphenated Joint Sponsor."

"I see. Representative Stern, would you please present this Resolution on behalf of yourself and the Speaker?"

"I'd better read it more thoroughly, Madam Speaker. Madam Speaker and Members of the House, this is a Resolution which would create, we hope, a fairer climate for elections. Certainly all of us care a great deal about seeing that facts and only facts are presented as electoral fodder. A recent court decision made it unnecessary for people to sign campaign material that is distributed, SO that there is no way of tracing where it came from. This Campaign Ethics Committee that would be created by this Resolution would investigate, through interviews, hearings and research, ethical campaign practices and the effects of false, misleading and inflamatory campaigns on the political procesS. I think it is something whose time has certainly come and something that all of us, whatever our politics, can support with a full heart. I urge your 'aye vote."

"The Lady has moved for the adoption of House Joint Resolution 94. And on that question, the Gentleman from McDonough, Representative Slater."

"Thank you, Madam Speaker. House Joint Resolution 94 now 220  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 in its amended form, provides for parity. It provides for equal representations for Democrats and Republicans on this Joint Committee which deals with campaign ethics. For those of you who were here during the process that we went through in the early part of this Session, the situation that we found ourselves in in the election contest, we found that where there's not an equal representation, it's very difficult to get a fair hearing. As things have now been worked out in the spirit of compromise, it is equal. And I would urge all people on our side of the aisle to vote 'yes'."

"The question is, 'Shall House Joint Resolution 94 be adopted?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? The Clerk will take the record. On this question there are 114 voting 'aye', none voting 'no' and none voting 'present', and the House does adopt House Joint Resolution 94. The next Order of Business is Consumer Protection - Third Reading. The first Bill on that Order, this is on page 13 on your pink sheets, the first Bill is Senate Bill 378, Representative Keane. Mr. Clerk, read the Bill."

"Senate Bill 378, a Bill for an Act in relationship to state occupation and use taxes. Third Reading of the Bill."

"Representative Keane. Representative Keane. Turn on the microphone next to Representative Keane."

"Thank you, Madam Speaker. Senate Bill 378, as amended, contains an Amendment that Representative Hasara put on which proposes to exempt from sales and local sales tax the proceeds of sales from property sold by any not-for-profit corporation, society, association, foundation, primarily for the benefit of people 55 years of age or older. And 221  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day another June 26, 1987 Amendment which dealt with the treating vans designed to carry not less than seven or more than 16 passengers in the rental... the car rental business in the same way as rental cars are in taxing the rental contract. I'd be happy to answer any questions and ask for a favorable Roll Call."

"The Gentleman has moved for the passage of Senate Bill 378. And on that question, the Lady from Lake, Representative Frederick."

"Yes, thank you, Madam Speaker, Ladies and Gentlemen of the House. I just rise to support this Bill. It's taken out all references to local garage sales and now it simply provides that senior citizens who produce hand crafted items for sale in senior centers may be exempt from paying sales tax, and it provides that second division vehicles, passenger vans, will be subject to automobile renting tax rather than sales tax, and I hope that we will pass this Bill today."

"The question is, 'Shall Senate Bill 378 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Representative Mulcahey, one minute to explain your vote. The Gentleman declines to speak. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 101 voting 'aye', none voting 'no' and 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Under Senate Joint Resolutions on this Order appears Senate Joint Resolution 60. Representative Shaw asks leave to present this in lieu of Representative Rice. Does he have leave? Hearing no objection, he has leave. Read the Resolution, Mr. Clerk."

"Senate Joint Resolution 60 creates a Joint Committee on Hazardous Waste Remediation in the Lake 222  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Calumet Area, calls for a report to the General Assembly by October 31st, 1987."

"Representative Shaw".

"Yes, thank you, Madam Speaker and Ladies and Gentlemen of the House. Senate Joint Resolution #60 creates the Select Joint Committee on Hazardous Waste Remediation in the Lake Calumet Area. And I ask for the adoption of the Resolution."

"The Gentleman has moved for the adoption of Senate Joint Resolution 60. And on that question, is there any discussion? Hearing none, the question is, 'Shall the Resolution be adopted?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 112 voting 'aye', none voting 'no' and none voting 'present'. This Bill... This Resolution is thus adopted. Going to page ten on your yellow Calendar under the Order of... excuse me, your pink Calendar, under the Order... the Special Orders of Public Health - Third Reading, the first Bill is Senate Bill 550, Representative Cullerton. Clerk, read the Bill."

"Senate Bill 550, a Bill for an Act to amend an Act in relationship to schools. Third Reading of the Bill."

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. This Bill amends the School Code and would add instructions in grades six through twelve on the prevention, transmission and spread of AIDS. The two key things to remember with regard to this Bill is, first of all, any parent who does not wish their child to receive such instruction can simply indicate that and the child will not receive that instruction. Secondly, I would point out that the State Superintendent of Education shall prepare and make available to the local school districts 223  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day these courses. June 26, 1987 I would be happy to answer any questions, and I would appreciate your support. I would point out that many of you may have received from the Senate Sponsor, Senator Marovitz, a newspaper article indicating the study that was done out in Massachusetts showing that there was tremendous confusion and misinformation about the manner in which the AIDS virus can be spread among adolescents. Only about eight percent of them really knew how the virus could be transmitted. And I feel that this is something which is... has been endorsed certainly by Surgeon General *Coupe'. I think it would be consistent for us in this General Assembly, after having required abstinence be taught in the schools, to also, as an adjunct of that, explain what the AIDS virus is all about. And I would point out for those of you who are concerned about this emanating into some type of a safe sex type of promotion, I don't think that that would happen, obviously it would not happen. The State Superintendent of Schools is going to be the one to determine the curriculum. And, of course, as I indicated earlier, only if the parent does not wish the child to receive the education, they would not have to. Be happy to answer any questions and appreciate your support."

"The Gentleman has moved for the passage of Senate Bill 550. And on that question, the Lady from Cook, Representative Pullen."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Generally speaking, this House has been responsive to concerns from many different sides of the AIDS issue on what we should do about AIDS. I am very deeply concerned about Senate Bill 550 because it does not define what AIDS education is, but it does require that it be taught in the public schools of this state each year. We really don't know what AIDS education means, but I can tell you what 224  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 AIDS education means to some folks who are proposing a program in a high school district in northwest Cook County. In this high school district they are considering putting in a teen pregnancy prevention program by which they expect to distribute, free of charge, certain prophylactics to the students through health classes and in vending machines in the restrooms for both boys and girls. This program, it has been acknowledged by those who are pushing it, will not be accepted by the parents in that school district if it is exposed for what it is, and so they are proposing that it be covered up, and I'm using their word, and disguised, and I'm using their word, as an AIDS education program because parents are concerned about being sure that their children know how to avoid getting AIDS. I would like to point out that there are two key means of transmission of this virus. There are two means of transmission by which one can protect oneself through sexual transmission and through exchange of blood such as the sharing of hypodermic needles. Those are the means of transmission from which chiefly one can protect one's self. This House has passed overwhelmingly, as has the Senate, a Bill to require that as part of health education in school our young people shall be taught sexual abstinence until marriage. That is AIDS prevention education. For many years, drug abuse prevention has been included in our school health programs. That is AIDS prevention education. Our Comprehensive Health Education Act already provides that students may be taught about personal hygiene, about communicable diseases and about protecting themselves from those diseases. So they are already getting education in protecting themselves from the disease. But, under the current way of doing things, the school districts can decide whether they need to do AIDS education as AIDS education in their schools or 225  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 whether teaching their young people to abstain from sex until marriage and teaching their young children not to engage in drug abuse is sufficient as AIDS prevention education. But along comes Senate Bill 550, and I understand that it has a provision that says if the parents want to take their child out of the class they can, but I don't know whether the parents are going to know exactly what is taught in that class until the teaching has already taken place. And I don't know whether we're going to know what is being taught in that class, because the Bill doesn't tell US. And I don't know whether mandatory AIDS education can, indeed, be used as a cover-up and a disguise for passing out sex protection devices in vending machines and in health classes free of charge to the students in our high schools and junior highs. And I think the Sponsor is well intended with this Bill, but I don't think he can tell us either whether that's how it's going to end up being used. And so I think that we have addressed the issue of AIDS prevention education in our public schools already through House Bill 1225 sponsored by a Gentleman on the other side of the aisle and through longstanding law concerning drug abuse prevention education. This Bill is unnecessary, Ladies and Gentlemen, but it's more than unnecessary I think that it's a dangerous avenue for some people to tamper with the minds of our children. It's a dangerous Bill, and it should be defeated. Thank you."

"The Lady from Cook, Representative Wojcik."

"Yes, Madam Speaker, would the Sponsor yield for a question?"

"He will."

"Is it interesting what's going on in the Senate, Representative?"

"Yes, it's the DuPage County Airport that they're 226  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 voting on right now."

"I thought you were listening to something that would be of interest to you."

"It interests you, too."

"Well, I'm a resident of Cook County, you see. I have a question on this sex education."

"Yeah."

"Do you know what they will be teaching these youngsters?"

"I don't. The State Superintendent of Education shall prepare and make available to the local school districts courses of instruction."

"Do you know what type of visuals they might be using while they're educating these young people?"

"That would be up to the State Superintendent of Education."

"Are there any guidelines for the State Superintendent of Education?"

"Not imposed on him by this Bill."

"So we're rather open and it will be..."

"No. No. Do you think we should determine... the Legislators should determine what the guidelines should be?"

"Well no, I would say that if you're legislating... if you're legislating such a product, I think you should know what you might be suggesting or how you feel, as a father of young children, that... what you might like to have them learn in this sex education program."

"No, my answer to that is, as the Bill calls for the State Superintendent of Education, I would want him and the people in that office to prepare and make available the courses of instruction."

"Are you aware of the 'SEEKUS' sex education program that 227  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day was suggested through Illinois a while back?" the State Board of June 26, 1987

Education in Cullerton: "No. No, I'm not. But if I didn't like it..."

"I know you're not. I'll tell you why you don't know it, because you're a little bit younger than I am, but I know it, and I'd like to speak to the dill."

"Proceed."

"When my children were growing up. the State Board of Education had decided that they were going to put a sex education program through for young people. At this time the age of the children were going to be kindergarten through sixth. I would like to tell the Members of the General Assembly what these children were going to see at that age. It is bad enough that they are visually watching the sexual act on TV and seeing the bad movies that they're witnessing, let alone quite possibly have a sex education program whereby animals would be used to show the children the proper means to be protective and the proper means to not have babies and the proper ways not to have a... contact AIDS or to be extra pure regarding the AIDS area. When you get into sex education, you'd better make sure that you're going to be a part of it. You're Legislators and you're legislating an area that is very moral, and you've got to be prepared for some of the stuff that might come out of the sex education program in the schools. I'm a mother. I witnessed it. I took my children out of those classes. I don't think this is good. I don't think I want to see some of our children get educated through the State Board of Education. I'd rather see them get educated through their parents. If they don't have parents, perhaps their mother or their father. I don't believe it should be in the school system, and I don't believe this Bill pass." should 228  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"The Gentleman from Cook, Preston." Preston: June 26, 1987 Representative of "Thank you, Madam Speaker and Ladies and Gentlemen the House. We, in this country, are faced with the worst plague that probably mankind has ever faced. By all estimates, the AIDS danger is growing in geometric proportions every year. What this Bill is talking about is what our school system is supposed to be all about and that is education. I can't, for the life of me, understand why this Body is time, after time, after time afraid to give information to young people, to give information even in this case when you're talking about information in life-saving matters that are of incredible moment right now, not a danger that might occur five years or ten years down the road, but a danger that is real, that exists today, that exists in every community statewide, in every community in this state. I don't understand the complaints and the concerns that were mentioned because this particular legislation doesn't have a precise definition or a precise curriculum included in it for the teaching of AIDS prevention or AIDS education. We don't have in our statute books precision in describing what English education is. That's left up to the good wishes of the school system. We don't have legislation that says exactly what a curriculum on geology or geography is supposed to contain or what the social sciences are supposed to contain. That's left up to the school system where, by right, it ought to be. This simply says, this directs the school systems in this state to have some focus, some instruction on the biggest problem in health and science that we have in the United States and throughout the world today, and that is the plague of AIDS. I can't see how anyone in good conscience can be against the education of 229  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 children in schools on one of the most important problems facing all of us. I encourage an 'aye' vote on this Bill. It ought to be law now. We ought to have it in place and we ought to educate our children."

"The Gentleman from McDonough, Representative

Slater. Slater: "Thank you, Madam Speaker. There seems to be some concern about the curriculum that a school district might have as it relates to teaching on the subject matter of AIDS. I don't think that this society knows a whole lot about AIDS, and I think that the information we have right now is preliminary. Whatever kind of curriculum we're going to have is a curriculum that's going to have to be fluctuating. It's going to have to change as we learn more and more about the disease. I stand here in this Body, and we've dealt with the issue of AIDS since we came down here in the spring, and I think this Body has been most responsive to the problem. We've tried to deal with it in a lot of different fashions, not the least of which is mandatory testing. I think that if we don't do something like this, if we don't vote for legislation like this, that we don't live in the real world. Our children, unfortunately, do participate in sex, and the studies also show us that our children participate in drug usage. And if we don't wake up to that fact and deal with this issue in a responsible and a logical fashion, then I'm not sure we deserve to be here. We've told schools what they can't do. We've told them in Senate Bill 63 that they can't do certain things, and we told them in House Bill 925 that they can't do certain things. And now we're saying to them we're going to stymie any kind of initiatives on your part. The only right vote on this is a 'yes' vote."

"The Gentleman from Cook, Representative Kubik. 230  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Representative Kubik."

"Madam Speaker, I move the previous question."

"The Gentleman moves the previous question. The question is, 'Shall the main question be put?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The main question is put. Representative Cullerton, to close."

"Yes, thank you, Madam Speaker and Ladies and Gentlemen of the House. Just to clarify a few points, first of all, this only applies to the public schools. It does not apply to the private schools. And, secondly, it does not involve a brand new course. It only would be coordinated with existing instructions. I think the issue has been clearly debated. I think it makes sense to have some type of education which could involve, by the way, abstinence, and it certainly is fair when you have the parental consent required before it can be taught. So, I would appreciate an 'aye' vote."

"The question is, 'Shall Senate Bill 550 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Representative Stephens, one minute to explain your vote."

"Thank you, Madam Speaker. Only to say that I think the language about... in the Bill that talks about whether or not a parent can exempt their child from the class, that they have to write to the school in a written objection. I think really that ought to be rethought, Representative Cullerton. That ought to read that before the child is enrolled in the class that they get the parents to sign off on it. I think that makes much more sense. These classes... we don't know what they're going to be like. We have some fears that possibly these classes are not going to be done tastefully, not going to be done with a sense of 231  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 morality, and we wish that the language on page one of the Bill was changed to be permissive and not to be objectionable. Thank you very much."

"Representative Didrickson, one minute to explain your vote."

"Thank you, Madam Speaker, Members of the House. We sent a lot of measures out of this chamber. A lot of them are going to hit the Governor's desk, and I don't particularly like speaking on this issue, but I think this is one important area that we need to address and move forward. I can pick up all kinds of today's newspapers that endorse 'education is the way'. That is just today's comments. These are just today's articles. There is a whole, huge article that is endorsed by a whole panel of physicians and doctors. I've personally spoken myself to our local physician who's head of infectious diseases and he believes clearly and strongly that we're moving too quickly in this state and that education is the answer. Now, here's an opportunity for you to address that, and I would urge more 'aye' votes up there."

"The Gentleman from Kirkland, one minute to explain your... excuse me, the Gentleman from Kane, Representative Kirkland, one minute to explain your vote."

"Thank you, Madam Speaker. I suppose one of the things we fear is that classes like these will talk about homosexuality and things like that, but I think overriding that is how much education children could use about the dangers of intravenous drug use and how those kinds of things, which unfortunately they're all too involved in or exposed to, can kill them. And, for that reason, I think it's an important Bill to pass."

"Representative Pedersen, one minute to explain your vote." 232  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day

"Thank you, Madam Speaker and Ladies and June 26, 1987 Gentlemen of the House. Our Secretary of Education, Bennett, has this to say about sex education. *Sex education is, therefore, about character and the formation of character. A sex education course in which issues of right and wrong do not occupy center stage is an evasion and an irresponsibility." The problem SO many people have with sex education in schools is the lack of the moral dimension. This proposal will be no different. And I urge a 'no' vote."

"The Lady from Cook, Representative Braun, one minute to explain your vote. Representative Braun."

"Thank you very much, Madam Speaker. This is an incredible Roll Call. I mean, how can you be against education? How can you say we don't want to teach people how to protect themselves against AIDS? I am close to speechless, which is really rare. But it seems to me, it seems to me that it is the height of irresponsibility to come up with a whole plethora of legislative nonsolutions we've come up with and refuse, at the same time, to give people the tools with which they can protect themselves. Education is the strongest weapon we ever have in addressing any problem. And it seems to me there ought to be at least three more green votes on this Bill. I encourage your support."

"Representative Parcells, one minute to explain your vote."

"Thank you very much, Madam Speaker. This is a hard vote for me because I think the education is excellent, but I remember many people on that side of the aisle asking for local control of issues in education, and I voted with them because I believed in local control. This can be taught. Any school district in this state that wants to teach AIDS education can do it. But to mandate it from the State 233  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Board I think is wrong and; therefore, I vote 'no'."

"The Gentleman from McLean, Representative Ropp, one minute to explain your vote."

"Thank you, Madam Speaker and Members of the House. It's not easy to raise young people anymore. I think the biggest concern that we have, because of the fact that we have so many children that are coming from broken homes, that we need to allow and to permit the broad education in our school system which includes sex education, as well as family living, as well as, in this particular case, the very threat disease of AIDS that is upon this nation. We need this kind of education in order to preserve our very civilization. And I don't see that anyone should be voting red when it may very well mean life and death to so many young people. What a tragedy to see such young people end up in that kind of a situation."

"The Gentleman from McHenry, Representative Klemm, one minute to explain your vote."

"Thank you, Madam Speaker. You know, my background is in engineering, and one of the things we were taught is try to look for new and better ways to do things, and that's what makes progress. You know, the present system just simply is not working the way it is now. I think this Bill maybe will give it an opportunity so our young people can learn more and be better and learn. And I support it."

"The Gentleman from Cook, Representative Cullerton, one minute to explain your vote."

"Yes, I guess I have to clarify, after a long debate, I have to go around and clarify. This does not apply to any public... any parochial school. Doesn't apply. It's only public schools. So, if anybody told you the Catholic Church is against the Bill, it's not true. It... with regard to the issue of... that was raised by a previous 234  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 speaker about some local school district passing out condoms, this sets up and makes available to local school districts a program that's set up by the State Board of Education. I don't understand why that is so scary. And the most important thing is, if you feel that you don't want your child to be exposed to education about the prevention of AIDS, you simply tell the school that you don't want that instruction for your child. That's all it does. Now, where..."

"Bring your remarks to a close."

"So, I think when you think about that... if you think about this, a Bill that got 38 votes in the Senate with such fine Senators as Dudycz and Fawell and Barkhausen, Raica and Topinka supporting it, I think that you'd almost be embarrassed if this Bill doesn't pass."

"The Lady from Champaign, Representative Satterthwaite, one minute to explain your vote."

"Madam Speaker and Members of the House, as I understand this legislation, it is not a mandate. It only indicates that where a school district has already determined to have a sex education and family life course, that they will include instruction about AIDS and AIDS prevention as part of that. It seems to me that the fear of AIDS is one of the greatest deterrents that teenagers or anybody of any age has these days about promiscuous sex. And if anything, we would be better giving them this advice about AIDS if we have any suspicion that sex education is going to make them promiscuous. It's a way, another excuse to just say no and I think it would be well that we provide this as a part of those education programs."

"Have all voted who wish? Have all voted who wish? The Clerk will take the record. The Gentleman from Cook, Representative Williams, for what reason do you 235  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day rise?"

June 26, 1987 "I was going to explain my vote, but it seems such a hypocrisy here. We've basically said that you can't have contraceptives, you can't do a lot of things. And this Body is basically saying we can't teach kids about it, we can't teach kids about sex. We can't do anything. I mean, if you, I said, 'just say no, how can you be realistic in your own life? This is unbelievable. Here we have something that this Body is obviously concerned about, and I was as much as concerned. I introduced Bills dealing with contact tracing and all that other stuff. But to sit here and say the young children or people, with this disease is going to be a ravishing on our society, shouldn't know the ins and outs, the evils about it is ridiculous. They're not supposed to have contraceptives. They're going to have sex whether you like it or not. They're not going to have contraceptives and they're not going to have any knowledge about AIDS or about this disease. When they catch the disease, please, you who don't want it will know that you helped to cause its onspread. I urge that you reconsider and put those other two votes up there."

Speaker Breslin: "Representative Cullerton. Excuse me. Representative Ewing, for what purpose do you seek recognition?"

"I want to be voted 'aye'."

"Change Representative Ewing from no to 'aye". Representative Mulcahey changes his vote from "no" to 'aye. Any further changes? Representative Johnson, do you still seek recognition?"

"I was going to explain my vote, but I don't know if that's appropriate at this point."

"Proceed, Sir. We've listened to everyone 236  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day else."

"No, I don't want to take more time of the House. That's okay."

"Any further discussion? On this question, there are... Representative Stephens, for what reason do you seek recognition?"

"Just to seek a verification should it reach the requisite number."

"Representative... on this question there are 60 voting 'aye, 49 voting 'no and 5 voting present'. Representative Ewing, for what reason do you seek recognition?"

"Vote me 'no'."

"Representative Ewing changes his vote from 'aye to 'no'. Representative Levin, for what reason do you seek recognition?"

"If there is a verification, I'd like to ask leave to be verified."

"You'll have to wait for that time, Sir. Representative Cullerton."

"Yes, I'd like to ask for not only a Poll of the Absentees, but also a poll of Representative Ewing again."

"Poll the absentees, Mr. Clerk."

"A poll of those Members not voting. Hensel is the only Member who is not voting."

"The Gentleman from Lake, Representative Matijevich."

"A brief explanation, Madam Speaker, on this whole issue of AIDS. It's amazing to me how in one year we have all become experts. A year ago nobody even dared to introduce Bills on AIDS, practically. Well, maybe... well, two years ago. And now..."

"Excuse me. Excuse me, Representative 237  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Matijevich. Representative McCracken, for what reason do you rise?"

"The time to explain the vote has already passed."

"I believe the Gentleman is voting."

"And the time to explain it has already passed."

"I think when the Gentleman is being recognized to vote, he has a right to explain it. And I will recognize Representative Matijevich for that purpose. Proceed, Representative Matijevich. Representative Matijevich."

"Yes, Madam Speaker, I think anybody has a right to explain their vote before it's announced, and I really think in all of those Bills my best vote would have been 'present', because I don't think there are experts. I don't think there's even experts yet that can tell us testing is proper yet. And I think I've even cast some bad votes, if it really comes down to it, on some of these Bills on AIDS. And I think the 'present' vote would probably have been proper in all of them. But on this one, when it goes to the matter of education, if I am going to make an error, I'm going to make that error on behalf of education. So, I'm going to change my vote to "aye"."

"Representative Hatijevich. Change Representative Matijevich to 'aye". On this question there are 60 voting 'aye, 50 voting 'no' and 4 voting present'. There will be a verification. Representative Braun has asked leave to be verified. Does she have leave? She has leave. Proceed with the poll of the affirmative, Mr. Clerk."

"Poll of the affirmative. Berrios. Bowman. Braun. Bugielski. Countryman. Cullerton. Curran. Currie. Daley. Davis. Didrickson. Dunn. Farley. Flowers. Virginia Frederick. Giglio. Giorgi. Greiman. Hasara. 238  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE Hicks. Homer. Huff. Johnson. Jones. Kirkland. Klemm. Kubik. Kulas. LeFlore. Leverenz. Levin. Matijevich. Mautino. McAuliffe. McPike. Horrow. Mulcahey. Panayotovich. William Peterson. Preston. Rice. Richmond. Ronan. Ropp. Saltsman. Satterthwaite. Sieben. Slater. Steczo. Stern. Sutker. Terzich. Turner. Van Duyne. Wait. White. Williams. Anthony Young. Wyvetter Younge. And Mr. Speaker."

"Representative Greiman in the Chair. Mr. Stephens, do you have questions of the Affirmative Roll?"

"Yes, Mr. Speaker, I do. Representative Williams."

"Mr. Williams is in his chair."

"Representative DeLeo."

"Mr. DeLeo. Mr. DeLeo appears to be voting "no"."

"Excuse me. Excuse me. Representative McAuliffe."

"Mr. McAuliffe. Mr. McAuliffe in the chamber? Mr. McAuliffe. How is Mr. McAuliffe recorded?"

"Gentleman is recorded as voting 'aye'."

"Remove Mr. McAuliffe. Further questions of the Roll? Mr. Christen..."

"Representative Saltsman."

"Mr. Christensen, for what purpose do you seek recognition? Mr. Christensen votes 'aye'. Proceed, Sir."

"Representative Saltsman."

"Mr. Saltsman. Mr. Saltsman. How is Mr. Saltsman recorded? Mr. Saltsman in the chamber? No. How is he recorded?"

"Gentleman's recorded as voting 'aye'."

"Remove Mr. Saltsman. Mr. Shaw, for what purpose do you seek... Mr. Shaw votes 'aye'."

"Wyvetter Younge?"

"Ms. Younge. Ms. Younge is at the side of 239  69th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE the... at the side of the chamber."

"Representative Morrow." June 26, 1987

"Mr. Morrow. Mr. Morrow. Representative Horrow in the chamber? How is Mr. Horrow recorded? Mr. Saltsman has returned. Restore Mr. Saltsman to the Roll Call. Mr. Morrow. How is Mr. Horrow recorded?"

"Gentleman's recorded as voting 'aye'."

"Remove Mr. Morrow."

"Representative Homer."

"Mr. Homer. Mr. Homer. Mr. Homer in the chamber? How is Mr. Homer recorded?"

"Gentleman's recorded as voting 'aye'."

"Remove Mr. Homer from the Roll Call. Excuse me. Mr. Hensel, for what purpose do you seek recognition?"

"How am I recorded?"

"You're recorded as not voting, apparently."

"I'd like to be 'no'."

"Alright. Record Mr. Hensel as voting 'no'."

"Representative Ronan."

"Mr. Morrow has returned to the chamber. Restore Mr. Morrow to the Roll Call."

"Representative Ronan."

"Excuse me. Mr... Mr. Morrow. Mr. Morrow votes 'aye'. Mr. Morrow votes 'aye'."

"Representative Keane."

"You have Mr. Morrow as voting 'no'. Mr. Morrow votes 'aye'. Ms. Hasara, for what purpose do you seek recognition?"

"Mr. Speaker, may I please have leave to be verified?"

"Yes, leave to be verified. Further questions of the..."

"Representative Leverenz." 240  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987

"Mr. Leverenz. Mr. Leverenz. Mr. Leverenz is at the door. Mr. Leverenz at the door."

"Representative Laurino."

"Mr. Laurino."

"Just checking."

"He's a 'no'. Did you wish to proceed? Now..."

"Representative Hicks, if you don't mind."

"Mr. Hicks. Mr. Hicks is at the rear of the chamber, on the Republican side. Laurino votes 'aye'. Proceed."

"Representative Huff."

"Mr. Huff. Mr. Huff in the chamber? Mr. Huff. Excuse me. Mr. DeLeo, for what purpose do you seek recognition?"

"Speaker, how am I recorded?"

"You're recorded as voting 'no'."

"Change me to 'aye', please."

"Mr. DeLeo votes 'aye'. Mr. Stephens..."

"Representative Granberg. Did you do Huff, by the way?"

"No. Mr. Huff. Yes, I'm sorry. Mr. Huff. Mr. Huff in the chamber? How is Mr. Huff recorded?"

"Gentleman's recorded as voting 'aye'."

"Remove Mr. Huff from the Roll Call."

"Representative Granberg."

"Mr. Granberg is voting 'no'."

"Great."

"Now we have on this board here that will tell you..."

"Representative Dunn?"

"Pardon?"

"Representative Dunn?"

"Mr. Dunn. Mr. John Dunn at the rear of the 241  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day chamber."

"Representative Jones." June 26, 1987

"Ms. Jones is right here with Mr. Rice."

"Representative Martinez."

"He's voting 'no'."

"Excuse me. Representative Bugielski."

"Right up here in the well."

"Representative Novak."

"Is 'no'."

"Okay. None further."

"Pardon?"

"Nothing further."

"On this question there are 61 'aye', 47 'no', 4 voting "present". This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 670. Mr. Clerk, read the Bill."

"Senate Bill 670, a Bill for an Act in relationship to chore and housekeeping services for disabled persons. Third Reading of the Bill."

"Lady from Cook, Ms. Davis."

"Mr. Speaker, Ladies and Gentlemen of the House, I request leave to bring this Bill back to Second..."

"Lady asks leave of the House to return this Bill to the Order of Second Reading. Leave is granted. Mr. Clerk, are there any Amendments?"

"Floor Amendment #2 is being offered by Representative Davis."

"Lady from Cook, Ms. Davis, on Amendment 2."

"Floor Amendment #2 deletes a provision in the Bill that allows the clients to evaluate the counselors, and we think with this Amendment it makes it an agreed Bill. I ask immediate consideration." 242  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEВАТЕ 69th Legislative Day June 25, 1987

"Lady moves for the adoption of Amendment 32 to Senate Bill 670. And on that, is there any discussion? There being none, the question is, Shall the Amendment be adopted? All in favor aye, opposed 'no". Amendment's adopted. Further Amendments?"

"No further Amendments."

"Third Reading. Lady asks leave of the House to hear this Bill at this time using the Attendance Roll Call. Leave is granted. Mr. Clerk, read it on Third Reading."

"Senate Bill 670, a Bill for an Act to amend an Act in relationship to chore and housekeeping services for disabled persons. Third Reading of the Bill."

"Lady from Cook, Ms. Davis."

"The Bill, Senate Bill 670, requires the Department to reimburse providers of chore housekeeping services twice per month and to notify those providers that they're entitled to interest payments if the state is late in providing such."

"Lady from Cook moves for the passage of Senate Bill 670. And on that, the Lady from Cook. Ms. Wojcik."

"Would the Sponsor yield for a question?"

"Indicates she will."

"Yes."

"Representative, could you tell me how this program will be able to operate?"

"The program... How it will be able to operate?"

"Yes. How will you implement this program?"

"Well, it merely means that instead of being paid once per month, that these chore providers will be paid twice per month."

"Where are these chore providers going to be obtained? Where will they be coming from?"

"This already exists, Representative Wojcik. The program 243  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 itself is already in existence and the purpose of the program is in order to keep people from having to be placed in nursing homes. It allows... the Department of Rehabilitation Services will make the payments."

"Could you tell me how the Department of Rehabilitative Services feels about this?"

"They are in agreement with the Amendment #2 that removes the provision where clients can evaluate counselors. They are in support of this Bill."

"So, they have removed their opposition since you have Davis: put in this second Amendment?" "That is correct."

"I guess that's okay, because..."

"They support this concept, yes."

"Okay. Because, as of yesterday, I know that they were having a problem with their budget program and they had spoken to me. And, in fact, I'm going to have our Fiscal and Economic Commission study the DORS budget so that we can help them. And by putting in new programs, I didn't think that they would be accepting this. But since they have written off, then I have no opposition."

"Well, they haven't actually written off, Representative Wojcik, but the concept itself they do support."

"Alright. I'm just told that it's fine. So, proceed."

"It passed out of the Senate without any opposition."

"Fine."

"Gentleman from Cook, Mr. Piel."

"Thank you, Mr. Speaker. Would the Lady yield for questions?"

"Indicates she will."

"Representative, I didn't quite catch the very beginning and I apologize. Alright. We will have to be paying interest for any... or paying a penalty for any payments 244  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 that are made over how long?"

"Yes, these workers make a very, very small salary. And when they receive their payments, if you are late... if the state is tardy in making those payments, they will have interest payments made to them, and this law already exists. This is just to notify the chore housekeepers that they have interest payments coming if their paychecks are late. This already exists."

"You say the wording is already in the law... interest payment..."

"Yes, Sir."

"And this is just for a notification to those providers that they are entitled to interest."

"That is correct, Sir."

"Thank you very much."

"Question is, 'Shall this Bill pass?' All those 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 109 voting 'aye', 1 voting 'no' and none voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 771. Mr. Clerk, read the Bill. Excuse me, Mr. Clerk. Ladies and Gentlemen, it is the intention of the Chair to go well beyond 8:00 tonight, so that if you plan to eat dinner, one would suggest that you order out. We will probably go certainly till 10:00 although we would like to adjourn by that time. Much of that depends on how quickly we dispose of the business at hand, allowing respect for everyone to express themselves on the floor of the House. And on that, Mr. Clerk, proceed. Mr. Goforth, for what purpose do you seek recognition?" 245  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day Goforth: June 26, 1987 buy Leaderships "I would strongly suggest that our two us food and bring it in here for us and that way we wouldn't have to order out."

"Certainly have a way of uniting the parties. This Bill is on the Consent Calendar..." "Senate Bill 77..."

"So we'll go to the next Bill. On this Order appears Senate Bill 886. Mr. Clerk, read that Bill."

"Senate Bill 886, a Bill for an Act to provide for the establishment of rural health care systems unit within Northern University of Illinois. Bill." Third Reading of

"The Gentleman from Macoupin, Mr. Hannig."

"Yes, thank you, Mr. Speaker, Members of the House. Speaker the As amended, this Bill requires Southern Illinois University at Carbondale to maintain a rural regional health assistance unit through their medical school and provide technical assistant to health care providers in rural areas. attempt to address the problem we have in rural with our health care delivery system. It's a step forward, and I would ask for your 'yes' vote."

"Gentleman from Macoupin moves for the passage It's an Illinois of Senate Bill 886. There being no discussion, 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? Clerk, take the record. On this question there are Mr. 90... there are 101 voting 'aye', 10 voting 'no', none voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 934. Mr. Clerk."

"On page three of the Calendar, Senate Bill 934, a 246  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 Bill for an Act to amend the Environmental Protection Act. Third Reading of the Bill."

"Yes. Mr. Wennlund, proceed, Sir."

"Thank you, Mr. Speaker. I ask leave to move this back to the Order of..."

"Gentleman asks leave of the House to return this Bill to the Order of Second Reading of the purpose of an Amendment. Gentleman has leave. Mr. Clerk, are there any Amendments?"

"Floor Amendment #1 being offered by Representative Wennlund."

"Gentleman from Will, Mr. Hennlund."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #1 is an Amendment suggested by JCAR which merely adds two words to the Bill as amended in both places. I move for its adoption. It's a technical Amendment."

"Gentleman moves for the adoption of Amendment #1 to Senate Bill 934. Is there any discussion? There being none, the question is, 'Shall the Amendment be adopted?' All in favor 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Further Amendments?"

"No further Amendments."

"Third Reading. Gentleman asks leave of the House to waive the rule so this Bill may be heard at this time using the Attendance Roll Call. Leave is granted. Mr. Clerk, read it on Third Reading."

"Senate Bill 934, a Bill for an Act to amend the Environmental Protection Act. Third Reading of the Bill."

"Gentleman from Will, Mr. Wennlund."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House (sic - Senate) Bill #934 merely changes the 247  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 69th Legislative Day June 26, 1987 EPA Act with respect to the preemptory rule adoption procedure. What it will do is it will save a lot of time and money by the EPA, because, currently, regulations under the Federal Clean Air Act are applicable under state law anyway. Currently state law mandates the Pollution Control Board to adopt rules which are identical in substance to the federal regulations which are all adopted and appear in the federal register. The purpose of eliminating the preemptory rule making process is to save the Board time and expense in the adoption of rules. This will allow the Board and members of staff to focus on other matters without the adoption of state regulations which are identical, in fact, to the federal regulations which are all enforcable anyway under Illinois law. The Amendment's supported not only by the EPA, but the IMA, the Illinois State Chamber of Commerce and, at this point, as amended, JCAR. I move for the adoption of House Bill (sic - Senate Bill) 934."

"Gentleman moves for the passage of Senate Bill 934. And on that, the Gentleman from Cook, Mr. Young."

"Yeah, will the Sponsor yield?"

"Indicates he'll yield for questions."

"Has Amendment #1 been adopted to this Bill?"

"Yes, it has, Representative."

"Does either the Bill or the Amendment provide for the situation where the rules that are adopted may differ from federal... from federal rules."

"They're mandated by law to adopt the identical federal rules. Existing Illinois law mandates that the EPA or the Pollution Control Board adopt federal rules verbatim."

"Thank you."

"Gentleman from Cook, Mr. Bowman."

"Yes, a question of the Sponsor." 248  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 26, 1987 69th Legislative Day

"He indicates he'll yield for questions."

"Thank you. Mr. Wennlund, so if this Bill were to pass, then the Illinois Pollution Control Board could adopt rules which are different from federal rules regarding air pollution... ambiant air pollution standards, for example?"

"No, not at all, Representative Bowman. The EPA Act requires and mandates that the Pollution Control Board adopt exact, identical rules. Nothing changes. They could not adopt anything different."

"What's the purpose of the Bill then? I thought the purpose of the Bill was to change that."

"The purpose of the Bill is to save the Pollution Control Board from going through the process of adopting preemptory rule changes because they automatically have the force of law anyway. It saves a lot of time and money by the EPA in republishing and going through the same process when those federal regulations are mandated by Illinois law to be adopted."