Illinois House Floor Debate — June 30, 1987

"Ladies and Gentlemen, the hour of 9:30 having arrived, this House will come to order. I would ask Members to be in their seats. The Chaplain for today... the Chaplain for today will be the Reverend John H. Warton, Jr., Pastor of the Village Church of Barrington. Reverend Warton is the guest of Representative Penny Pullen. Any guests in the gallery are invited to rise for the invocation."

"Thank you. This makes me feel very much like at home where people often come after the first prayer in church also. I'm aware of how tarnished my profession has been in recent days and so I come with humility and a deep conviction that we would all be greatly more embarrassed if we neglect prayer, that access that God has given us to His heart and to His power. And so, I'm privileged to come and pray with you and for you. And let us pray together. 0 Lord, our God, You, who are the supreme lawmaker, it is to You that we pray this morning with gratitude for Your kindness to us, Your mercies and blessings. We thank You for this free land and for the anniversary we observe this week of our independence, how You have shed Your grace on America. For this, we thank You. We pray for the people of Illinois whom we represent in many ways and ask that upon these people there would be grace also, that You would multiply the domestic tranquility. You would bring welfare to them, peace where there is strife, opportunity where there is now neglect and denial. And I pray for these Legislators, in this their last day of this Session, that especially as they come to their final deliberations and decisions, that You would give them wisdom and courage, that in each one's mind, they might understand that which is just and kind and humble. For You have said that what 1  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 You require is that we do justice, and love kindness and walk humbly with our God. And I pray for each of these Legislators personally. Some are carrying great burdens right now, individually, and I pray that You would bring relief to them. I pray that in the summer recess, they would find many occasions for personal renewal and the strengthening of family ties. And these requests we make gratefully and humbly, O Lord, our God. Amen."

"We'll be led in the pledge by Representative Krska."

"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. Ladies and Gentlemen, our first Order of Business will be the Quorum Roll Call, and that... And on that question, have all voted who wish? 116 Members answering the Roll, a quorum is present. Representative Piel, do you have any excused Members?"

"Yes. Representative Myron Olson and Representative Fred Tuerk are excused today."

"Thank you. Representative Piel, can you give us a final update on how both of those Members are?"

"Not right now, but I promise I will before the end of the day."

"Thank you."

"Or tomorrow or the next day."

"Ladies and Gentlemen... Representative Matijevich, for what reason do you rise?"

"First of all, there are none... no absences on this side. But Madam Chairman, I know it'll take one second to get started, and I want to, and I'm sure for everybody on 2  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day both sides of the aisle, you know, we make a June 30, 1987 mess out of the place in the morning and I want to thank... all of us thank Blackie and the staff that cleans up this place for us to get started. Thanks, the sergeant-at-arms and all the doormen, Emery and everybody else. Thank the pages for the good work they do, the Clerk's office, Jack and Tony and the staff, Stanley Johnston, the Reference Bureau, the Legislative Research Agency which is in its' 50th Anniversary, the Citizens' Assembly, the legislative staffs who do a great job for all of us, Jim Morphew and all of his lawyers around us here. Gary and Chris Freveletti and Mike Pollack, our Parliamentarian, and also, our loyal secretaries who do so much everyday answering our mail and all the work. And finally, I... every morning when we're here, usually Al Greiman's up there and we're all here. Al's not up there today. And, you know, they say this is the first day of the rest of our lives. For Al Greiman, it's going to be his last day here. And, Al, I didn't get involved when we spoke. Everything... I thought everything would be anticlimactic. But most of all, all the words were said about Al Greiman were true, but most of all, he has been our close friend. And for that, Al, we want to wish you Godspeed in your new responsibilities. Thank you, Madam Speaker, for allowing me to say these words."

"Ladies and Gentlemen, it is the Chair's intention to begin business today on the Order of Nonconcurrence, page 3 on your Calendar. It is with the understanding that when these Bills are called it will be the last time that they are called. So, if the Members wish to move to nonconcur on these Bills, this will be the last time that we go to this Order of Business. So, I would particularly alert Representative Leverenz, Representative Mc Pike, Representative Hoffman, 3  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 Representative Keane, Representative Ryder and Representative Ronan, that they have Bills on this Order. We are going to those Bills immediately, and if they wish them called, they will have to do so now. I note that not one of them is on the floor. No, the matters do not go over to the Fall Session. They either meet the deadline or they beat the deadline. So, I would urge those Members to come to the floor if they intend to move these Bills. In deference to the Sponsors who are not here, on the Order of Nonconcurrence, I'll go to Representative Satterthwaite who has a Constitutional Amendment pending on Second Reading. It is on page 2 of your Calendar and it has been read a second time. Are there any Amendments filed, Mr. Clerk?"

"House Joint Resolution Constitutional Amendment #1. This Constitutional Amendment has been read in full a second time previously. No Committee Amendments. No Floor Amendments."

"Third Reading. Representative Rea, do you wish to proceed with yours? That is House Joint Constitutional Amendment #6, on page 2 on your Calendar, Ladies and Gentlemen. It has been read a second time. Are there any Amendments filed, Mr. Clerk?"

"House Joint Resolution Constitutional Amendment #6. This Constitutional Amendment has been read in full a second time previously. No Committee Amendments and no Floor Amendments."

"Third Reading. Representative Cullerton, for what reason do you seek recognition?"

"Well, Madam Speaker, it is the last day of June and I have to sadly admit that Representative Flinn was absolutely correct that there, indeed, was a June-swoon by and on behalf of the Cubs and the Cardinals are still in first place, and I... At this last month, I sort of 4  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 know... I have a little inkling of what it's like to be Republican in the House of Representatives. You're always way behind. You keep on looking up there and you're always losing, but they did win last night. July's another month and it might be time for a revival and when the season gets old, the Cards might fold.. That's all I can say to Representative Flinn."

"Representative Flinn on that comment."

"Thank you, Madam Speaker. You know, I appreciate Representative Cullerton's granting that I was right on the June-swoon. He hasn't heard the whole story. Tomorrow begins a goodbye-July. Now, I voted for his Amendment to permit the Cubs to play down at the Cardinal's Busch Stadium, but since it appears it's no longer necessary, having voted on the prevailing side, I move that we reconsider that Amendment by the vote for which it passed."

"Representative Stephens, on that order of business."

"Thank you very much, Madam Speaker. On behalf of our side of the aisle, and on behalf of the Chicago Cubs, I can say that if you give us a new map and the Chicago Cubs lights, maybe we'll both do better."

"Ladies and Gentlemen, I would urge all Members to come to the floor as quickly as possible. Representative Giglio, would you come... We have a lot of hard work to do today. So, if Members would get to the floor, we will proceed to the Bills on the Calendar. Representative Giglio in the Chair."

"On page five of the Calendar appears House Resolution 517, Representative Rea. House Resolution 517. Mr. Clerk, read the Resolution."

"House Resolution 517, urges Ohio Ontario Clean Fuels, Incorporated to build a liquidation plant in 5  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day southern Illinois." June 30, 1987

"Thank you, Mr. Speaker, Members of the House. The Ohio Ontario Clean Fuels, Incorporated is one of nine clean coal projects that were selected last summer by the Department of Energy to demonstrate a new generation of clean coal concepts. The key features of the precombustion clean coal technology are that it removes in one step practically all of the sulfur, nitrogen and other particles that causes acid rain. It's ready to go on a commercial basis. They're going to be doing it in the State of Ohio. Since our coal in southern Illinois is very similar in characteristics, we lend ourselves very much to this process and we are asking that the General Assembly joins with the congressional delegation to let their efforts to work toward this goal of locating a plant of this nature in the coal fields of southern Illinois, that we lend our support and that we request to the Secretary of Energy that they take this under consideration. I would ask for its adoption."

"The Gentleman moves that the House adopt House Resolution 517. And on that question, hearing none, all those in favor signify by saying 'aye', those opposed "nay'. In the opinion of the Chair, the 'ayes' have it. The Resolution is adopted. Representative Keane. Representative Leverenz. Senate Bill 225, page 3 of the Calendar. Mr. Clerk, read the Bill."

"Senate Bill 225, a Bill for an Act to amend the Illinois Public Aid Code, together with House Amendments 1 and 2."

"Would you tell me what my script is supposed to say?"

"Refuse to recede from House Amendments #1 and 2."

"I would refuse to recede from House Amendments 1 and 2 6  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 and that a Conference Committee be established."

"The Gentleman moves that the House refuse to recede from House Amendments #1 and 2 to Senate Bill 225 and a Conference Committee be called. All those in favor signify by saying 'aye'. those opposed 'nay". In the opinion of the Chair, the 'ayes' have it and a Conference Committee be requested. Representative McPike, Senate Bill 688. Mr. Clerk, read the Bill."

"Senate Bill 688, a Bill for an Act to amend the Workers' Compensation Act, together with House Amendment #1."

"I move the House refuse to recede from House Amendment #1 and ask for a Conference Committee Report."

"The Gentleman moves that the House refuse to recede from House Amendment #1 to Senate Bill 688 and a Conference be requested. All those in favor signify by saying 'aye', those opposed 'nay". In the opinion of the Chair, the 'ayes' have it. House Bill 308, Representative McPike. Mr. Clerk, read the Bill on the Order of Concurrence."

"House Bill 308, a Bill for an Act in relation to sewer and water projects, together with Senate Amendments #1, 2 and 3."

"Representative McPike."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move that the Senate... I move that the House concur with Senate Amendments #1, 2 and 3 to House Bill 308. This is the Build Illinois substantive Bill, and I believe it's agreed to by Mr. Hallock."

"The question is, 'Shall the House concur with Senate Amendments #1, 2 and 3 to House Bill 308?' And on that question, the Gentleman from Winnebago, Representative Hallock." 7  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day Hallock: June 30, 1987 This has "Thank you, Mr. Speaker, Members of the House. been worked out by both side. It's a good Bill and I urge it be adopted." Speaker Giglio: with And on "The question is, 'Shall the House concur Senate Amendments #1, 2 and 3 to House Bill 308? that question, all those in favor signify by voting 'aye', those opposed 'nay". The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 113 voting 'yes', none voting "no", none voting 'present', and the House does concur with Senate Amendments #1, 2 and 3 to House Bill 308. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Concurrence appears House Bill 2243, Representative McPike. Mr. Clerk, read the Bill."

"House Bill 2243, a Bill for an Act to amend the Environmental Protection Amendment #1."

McPike: Act, "Representative McPike." together with Senate "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move that the House concur in Senate Amendment #1 to House Bill 2243. And the Amendment provides that solid waste disposal fee on nonhazardous solid waste received at a sanitary landfil1 and recycled through a process permitted by the agency, the fee would be waived. I move for the concurrence in this Amendment."

"The Gentleman moves that the House concur with Senate Amendment #1 to House Bill 2243. And on that question, hearing none, all those in favor signify by voting 'aye', those opposed 'nay". The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 111 voting 'yes', none voting 'no', 1 8  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 voting 'present', and the House does concur with Senate Amendment #1 to House Bill 2243, and this Bill, having received the Constitutional Majority, is hereby declared passed. Representative McCracken."

"Thank you, Mr. Speaker. I think that last Bill had two Senate Amendments. Was it the Sponsor's intent to concur in both of them? Representative McPike?"

"2243, I believe, had only 1."

"Just one. Okay."

"Representative Keane. Representative Breslin in the Chair."

"Representative Keane. Would you turn on Representative Keane, please? Thank you."

"Is this... Yes, thank you, Madam Speaker. I think I'm on 1080."

"That's correct. Do you wish to make..."

"Thank you, Madam Speaker. I refuse... I wish to recede from House Amendment #1 to Senate Bill 1080 and would..."

"The Gentleman moves to recede from House Amendment #1 to Senate Bill 1080. And on that question, the Gentleman from DuPage, Representative McCracken."

"Thank you, Madam Speaker. I rise in support of the Gentleman's Motion. You may recall there was some heated debate about House Amendment #1 to this Bill. I was under the impression that it was the Sponsor's intent to try to pass out the Bill clean. Apparently there's been a nonconcurrence in the Senate. And if we recede from this Amendment, we can move this Bill to the Governor's desk. So, I rise in support of this Motion."

"The Lady from Champaign, Representative Satterthwaite."

"Madam Speaker, I rise in opposition to this Motion. Members will recall that there was a hard fought 9  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 battle here for this Amendment to go on the Bill. And I think that we should not be conceding at this point; that a substantial number of students who would otherwise be included in this program would not have access to the program if it goes into existence. I think that it is improper for us to recede from this Amendment. We should hang onto what we have established here as the priorities for students that should be getting benefits from this new program."

"The Gentleman from McLean, Representative Ropp."

"Thank you, Madam Speaker. I think we ought to support the Motion to recede. This certainly, with this Amendment on there, dilutes the program as of this date, and I think we ought to get this program initiated, then next year or the year after we can add to it, as I certainly think we should. It is a good Motion, and I urge everyone to support it."

"The Gentleman from Cook. Representative McGann."

"Thank you, Madam Speaker, Members of the Assembly. I would ask your attention for just a moment. I stand in opposition to this Motion. I believe all of us should look into our hearts and minds, consciences this morning. realize what's been happening here the last couple of days in regards to financial crisis in this state. We are unable to take care of the educational programs we have presently. I don't think we should be placing another burden upon the taxpayers in funding for-profit schools. Aand that's exactly what we'll be doing, if we allow this 1080 to go to the Governor's desk, we will be allowing funding for profit-making schools. Please think it over. We don't have that 14 to 18 million dollars to expend. It 10  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 just isn't there and especially with the forthcoming cuts that we'll all have to witness. Please think it over seriously. Thank you."

"The Gentleman from Warren, Representative Hultgren."

"I'm wondering if the Sponsor of the Motion to recede would explain again exactly what House Amendment #1 does."

"Representative Keane."

"Thank you, Madam Speaker. I'd be happy to. The basic Bill is the proprietary school Bill and the Bill provides for 40... for 40 schools that have been certified by the Board of Higher Education or by the Illinois Office of Education, it would provide a special fund that the Illinois State Scholarship would run and give out scholarships. The Amendment #1 put in all the cosmetology... or I'm sorry, the hairdressing and the barber college schools. And the reason that I am opposed to... and the Senate was opposed to the Amendment, it would dilute the impact of the Bill and the funding that had been agreed to."

"Any further discussion? The Gentleman from Cook, Representative Kubik."

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

"He will."

"Representative Keane, again, what is the cost of the underlying Bill here?"

"The cost of the underlying Bill is set as a percentage of the Illinois State Scholarship Fund. It can never exceed 10 percent. So, this year we're talking somewhere between 10 and 15 million dollars."

"So, in other words, the fund level is set at this point. What this would do would be to allocate a portion of that fund for..." 11  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

"The fund... No, it's not an allocation June 30, 1987 of the Illinois State Scholarship Fund. It's a separate appropriation to the Illinois State Scholarship. This does not take money away from the Illinois State Scholarship Fund, contrary to what you might have heard."

"So we would have to set up a separate fund and a separate appropriation for this Bill?"

"Yes, correct."

"Thank you."

"The Lady from DuPage, Representative Cowlishaw."

"Thank... Pardon me. Thank you, Madam Speaker. Members of the House, we are in lean times in State Government in Illinois. And of... although I'm sure all of us would like to provide scholarships to every student who wants to undertake anything worthy, this is simply not the time to do so. When we have lean times, we have to be sure that we know what our priorities are and that we establish them through our appropriations process. When we cannot adequately fund programs to teach children to read, when we cannot adequately fund higher education is certainly no time to be appropriating funds for a brand new scholarship program. We need to establish our priorities and this ought not to be one of them."

"The Gentleman from Cook, Representative Turner."

"Thank you, Madam Speaker, Ladies and Gentlemen of the Assembly. I rise in opposition to the Gentleman's Motion. I feel, although there are... these are lean times and there is some question about the availability of funds and how much will be available, I'm certain between now and year's end, we will address that crisis. I think that what's good for the goose is good for the gander, and if 12  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 we're to decide today that one proprietary school is to receive funding. I do believe that we should not, as a Body, be trying to decide that one profession is better than a different profession. I think that the profession of cosmetology and barber is one that is well respected and that they also should be included. And to that end, I rise in opposition to the Gentleman's Motion."

"Representative Keane, do you wish to close?"

"Thank you, Madam Speaker. It's a good Bill. I have no problem with the Amendment except it will not get through the Senate. If we do go for a Conference, the Senate will refuse to put this Amendment on and we'll be right back where we are. I'd like to have the Bill go clean to the Governor and ask for your favorable Roll Call."

"The question is, 'Shall the House recede from House Amendment #1 to Senate Bill 1080?" All those in favor vote 'aye', all those opposed vote "no". Voting is open. This is final passage. This is final passage. Have all voted who wish? The Gentleman from Fulton, Representative Homer, one minute to explain your vote."

"Thank you, Madam Speaker. Everyone should be aware that what this would do would be to strip that Amendment that we added after a lengthy debate in the House that adds cosmetology schools to those eligible for Illinois state scholarships. And remember, that if you're a downstater, that currently, out of the schools that are eligible under the Bill, that only seven of those schools would be in downstate; whereas, with the Amendment, it broadens it out to make it geographically more equitable and palatable. So, I think we ought to add a lot more red votes to say to the Senate, "No, we're not going to recede from this Amendment. It's a good Amendment." It's a good Amendment because it makes a lot of sense. It's a good Amendment for 13  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 downstate geographical balance. And there ought to be a lot more red votes put up on that board."

"Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 47 voting 'aye", 62 voting 'no' and 4 voting 'present'. The House refuses to recede from House Amendment #1 to Senate Bill 1080. Representative Keane."

"I move to nonconcur with House Amendment #1 and ask for a Conference Committee."

"The Gentleman moves to nonconcur in House Amendment #1. The Gentleman moves to refuse to recede from House Amendment #1 to Senate Bill 1080 and requests a Conference Committee. All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the House refuses to recede from House Amendment #1 and a Conference Committee will be appointed on Senate Bill 1080. The Chair recognizes Representative Giglio."

"Madam Speaker, the House Democrats would request a Caucus immediately in Room 114."

"Ladies and Gentlemen..."

"Approximately a half hour."

"...The House will recess for one half hour while the House Democrats have a Caucus in Room 114. Please proceed immediately to Room 114 if you're a Democrat. I understand that the Republicans do not request a Caucus. So, enjoy yourself for a one half hour recess, and we'll be back here at a quarter to eleven. I repeat. A Democratic Caucus immediately in Room 114."

"If I can have the attention of the Members of the House that are Republicans, I have just been informed that we, too, will enjoy the pleasure of a Conference in Room 118."

"Ladies and Gentlemen, we're going to the Order 14  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 of the Speaker's... I should say, the House will come to order. We will go to the Order of Speaker's Table, House Resolution 101, Representative Dunn. Out of the record. Representative Preston, are you ready on House Resolution 133 and the following Resolutions? We are prepared to hear them. Read the Resolu... 133, Mr. Clerk. House Resolution 133."

"House Resolution 133, urges the same State's Attorney or Assistant State's Attorney handle criminal sexual offense against a child throughout all stages of the proceedings in a trial court. Judiciary II Committee recommends 'be adopted'."

"Representative Preston."

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. What House Resolution 133 does is to encourage what is known as vertical prosecution. What that is, in child abuse cases, vertical prosecution is where a single attorney is assigned to the case from the time of the intake interview all the way through, to and through the trial SO that child need not, wherever possible, have to tell and retell the intimate details of a sexual assault to right now as many as eight or ten or even twelve different individuals. What happens is that children are too intimidated. They're unable to cooperate in that manner, and they end up not cooperating and not testifying. Vertical prosecution where one attorney is assigned all the way through the case will limit the number of people to whom the child has to retell those intimate details. And I ask for your 'aye vote."

"The Gentleman has moved for the adoption of House Resolution 133. And on that question, the Gentleman from Dekalb, Representative Countryman."

"Thank you, Madam Speaker. Will the Gentleman 15  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 yield?"

"He will."

"Representative, what good will this Resolution do? Does the State's Attorney not know these things now?"

"Well, there has been an attempt in, for example, the Circuit... in Cook County to have vertical prosecutions. That's not always possible. It's not always adhered to as much as we would like. In other counties also it is not adhered to. This is an expression of the will of this chamber that from the witnesses who have testified, who have come forward to give us their opinion that vertical prosecution... prosecution... excuse me, vertical prosecution will limit the trauma to the child, and that's imperative."

"Well, the objective is good. I just, as you well know, if question... you know. our purpose in passing a Resolution, you know, if we can't communicate with the other branches of government in some fashion, then sometimes maybe we need to enact the law. I don't have anything that opposes this Resolution, nor do I have any of the other Resolutions which I assume you're going to present after this. But just SO that you're clear, Representative, I think if we really need to do something, let's put it in a Bill form and debate it and deal with it that way. but I'll support you in this Resolution because you're such a fine commendable person to take all the time that you do on really these serious issues, and we all must support fine people like you. And I don't see how a Republican could win in your district anyway."

"Thank you, Representative."

"The question is, 'Shall House Resolution 133 be adopted?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, 16  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 and the Resolution is adopted. House Resolution 134, Representative Preston. Turn on Representative Preston."

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. What House Resolution 134 does is to encourage the Circuit Court of Cook County to implement a system of a staggered scheduling of neglect and abuse in dependency cases in the juvenile division of the Circuit Court. Right now, too often what happens is if a person is a witness or one of the necessary people in the process, they're asked to come to court at a given time for all cases, so that if... you may be asked to come to court at 9:30 even though your case might not be called till 11:30 or 1:00 or 2:00 in the afternoon. What that means is that many witnesses, who are necessary to prove the state's case at a juvenile hearing, what... will end up not cooperating because if they were told to be there at 9:30, they have other business, personal matters and other things they have to take care of, they end leaving. A staggered call system is where some cases are called at 9:30, some at 11:30, some at 2:30, so that a person once called doesn't have to wait for hours until the case that they are testifying on is called, and I'd urge and encourage your 'aye' vote."

"The Gentleman has moved for the adoption of House Resolution 134. And on that question- there is no discussion. So, the question is, 'Shall the House adopt House Resolution 134?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Excuse me, we shouldn't be voting on this, Mr. Clerk. It should be a voice vote. The question is, 'Shall the House adopt House Resolution 134?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes have it and the Resolution is adopted. House Resolution 135, Representative Preston. Excuse me. Representative 17  73rd Legislative Day Ewing: STATE OF ILLINOIS 85th GENERAL AS SEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 Ewing, for what reason do you rise?" "Madam Speaker, my switches don't seem to be working, and I would like the record to show I would have voted 'yes' on that."

"We Ewing."

"Oh, I'm sorry. did it by a voice vote, Representative That's why it didn't work."

"I was incorrect in... Yeah, I was incorrect in calling for the other vote. Proceed, Representative Preston, on House Resolution 135."

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. Representative Countryman, if you didn't think the other two Resolutions were necessary, I have a feeling this one is less necessary yet, because House Resolution 135 encourages the Circuit Court of Cook County to increase from four to six, the number of judges who are assigned to the abuse and neglect calendar of the Juvenile Division. And I am told that the Circuit Court is, in fact, doing that. And as we speak, I understand that they are building court rooms for two additional judges in that division to hear the abuse and neglect cases, but since this is... this has come before us and this is an expression of the will of a number of people who have contacted me, I think it's a good idea for us to add our voice to encourage the Circuit Court to do what right now it is doing and doing well, encouraging and helping the overcrowded neglect and abuse calendar. And I'd ask for your 'aye vote."

"The Gentleman has moved for the adoption of House Resolution 135. And on that question, the Gentleman from Winnebago, Representative Hallock."

"Will the Sponsor yield for a question?"

"He will."

"Does this Resolution require that more judges be hired 18  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 or that the judges just be reassigned?"

"First of all, it doesn't require, it urges, but it urges the reassignment of judges because the heavy court call in the abuse and neglect calendar of the Juvenile Division. There are great delays in getting cases heard. Two additional judges will help reduce that calendar load."

"Thank you."

"The question is, 'Shall House Resolution 135 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 Resolution is adopted. Is Representative Dunn Clerk here? Representative Satterthwaite, on House Resolution 130. Mr. Clerk, read the Resolution."

"House Resolution 130, requests that the Department of Alcoholism and Substance Abuse to study and develop programs in response to needs of women alcoholics and substance abusers. Human Services Committee recommends 'be adopted'."

"Representative Satterthwaite."

"Madam Speaker and Members of the House, this Assembly to alert the Department that there are special needs of women who are drug abusers and alcoholics. They are making some studies currently, particularly relating to prison populations and we want to make sure that women are also focused upon in that study and in the other studies they're doing. I urge the adoption of House Resolution 130."

"The Lady moves the adoption of House Resolution 130. And on that question- there is no discussion. The question is, 'Shall the House adopt House Resolution 130?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the Resolution is adopted. House Resolution 101, 19  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Representative Dunn. Out of the record. House Resolution 101. Read the Resolution, Mr. Clerk."

"House Resolution 101, urges Congress to pass legislation which would correct unfair Social Security benefit distribution practices. Executive and Veteran Affairs Committee recommends 'be adopted'."

"Representative Dunn."

"Thank you, Madam Speaker. When I look up at the board, the previous Resolution was still up there, and I didn't choose to speak on that. House Resolution 101 is a Resolution which I don't think is opposed by anyone. It is a Resolution to memorialize the United States Congress to dig into the problem of the so-called notch years with regards to Social Security benefits. As most people know there are a period of years between 1970... those people born between 1917 and 1922 whose social security benefits don't fit into the scheme of benefits because of recently enacted federal legislation. This Resolution would memorialize United States Congress to address that problem, to provide equity and benefits for those people, and I urge the adoption of this Resolution."

"The Gentleman has moved for the adoption of House Resolution 101. And on that question, is there any discussion? Hearing none, the question is, 'Shall the House Resolution be adopted?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and House Resolution 101 is adopted. House Resolution 5... Representative Ryder, you have an Order on Nonconcurrences on page 3, do you wish to call that for nonconcurrence? Very good. We will not be going back to it, you understand. Ladies and Gentlemen, we're going to Order of Concurrences on page 3 on your Calendar. The first one is House Bill 308. That has 20  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day passed. House Leverenz. June 30, 1987 Bill 375, Representative Stange and Representative Stange. Out of the record. House Bill 981, Representative Greiman. Out of the record. On the Order of Nonconcurrences, since Representative Ronan is now in the chamber, we'll go to his Bill, Senate Bill 1326, on page 4 of your Calendar. Representative Ronan."

"Thank you, Madam Speaker. On Senate Bill 1326, I want to refuse to recede from House Amendments 1 and 2 and request a Conference Committee."

"The Gentleman moves to refuse to recede from House Amendments 1 and 2 to Senate Bill 1326 and requests a Conference Committee. Is there any discussion? Hearing none, the question is, 'Shall the House refuse to recede from House Amendments 1 and 2 to Senate Bill 1326 and appoint a Conference Committee?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes have it. The House refuses to recede from House Amendments 1 and 2 to Senate Bill 1326 and a Conference Committee will be appointed. Representative Hultgren. Representative Ronan is also recognized for the purposes of putting a Motion. Representative Ronan."

"Yes, Madam Speaker, in order to clean up the Calendar. I will like to go to the Order of Motions, and I have a Motion on Senate Bill 952. I'd like to take this from the table and place in the Committee on Financial Institutions on their Interim Study Calendar."

"The Gentleman has moved to take Senate Bill 952 from the table and put it on the Interim Study Calendar. And on that question, is there any discussion? Hearing none, all those in favor say 'aye', all those opposed say 'no'. The Attendance Roll Call will be used. Representative Cowlishaw, for what reason do you rise?"

"I also have a Motion on the same page." 21  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

"Would you come up and talk to me about it, please, as Representative Ronan did."

"It would be a pleasure."

"We were on the order of Representative Ronan's Bill and we are using the Attendance Roll Call to indicate that Senate Bill 952 has been taken from the table and is placed on the Order of Interim Study. Ladies and Gentlemen, I would ask you to turn to the back of your Calendar so that you can note that the schedule for the Veto Session... I would ask you to note that the schedule for the Veto Session is on the last page of your Calendar. So, if you need to make plans, it is there for your convenience. The schedule for the Veto Calendar... for the Veto Session is already planned for your convenience. On the Order of Concurrences on page 3 on your Calendar appears House Bill 1064. Representative Cullerton. Out of the record. House Bill 1133, Representative Keane. Representative Keane. Out of the record. House Bill 1351, Representative Cullerton. Out of the record. Representative Cullerton, on House Bill 1351."

"Yes, thank you, Madam Speaker and Ladies and Gentleman of the House. This Bill originally in the House directed the State Board of Education to prepare a Bill recodifying the School Code. And the Senate didn't drastically change that goal. Instead of having a school law recodification Committee to be composed of the State Superintendent and 10 Members, they require the State Board of Education in Amendment #1 to prepare a Bill for an Act to recodify the school law. The... Senator Berman's Amendment in Amendment #2... I'm sorry, what I was referring to is Amendment #1. Senator Berman's Amendment in Amendment #2 required the Joint House/Senate Committee on Education Reform to file with the General Assembly by 22  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 December 31st, 1988, a final report of its recommendations and activities and extends the date on which the Joint Committee Article is repealed from June 30th, '87 until January 1st, '89. Amendment #3 is just technical and it puts the Bill... it amends the Bill in the introductory clause. So, I would move for the concurrence in Senate Amendments 1, 2 and 3 to House Bill 1351."

"The Gentleman has moved to concur in Senate Amendments 1 and 2 and 3 to House Bill 1351. And on that question, the Gentleman from DuPage, Representative McCracken."

"Will the Sponsor yield?"

"He will."

"Representative, this is another Joint Committee..."

"Are you referring to Senate Amendment #2?"

"Yes, has that been deleted?"

"No."

"What are you concurring in, 1, 2 and 3?"

"That's correct. And it requires an existing Committee to file a final report of its recommendations."

"Okay. I see. So, it's the State Board of Education that is to do this recodification."

"Yes, that's correct."

"And make the report."

"Right."

"And then, the Senate Amendment 2 provides that an existing Committee shall file a final report and sunset."

"That's correct."

"But that's in '89 rather than '87 as is currently the... Well, which would be today. Okay. Fine. Thank you."

"Thank you."

"The question is, Shall the House concur in 23  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Senate Amendments 1, 2 and 3 to House Bill 1351? All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. This is final passage. This is final passage. Have all voted who wish? The Clerk will take the record. On this question there are 92 voting 'aye'... 93 voting 'aye', 20 voting 'no', and none voting 'present', and the House concurs in Senate Amendments 1, 2 and 3 to House Bill 1351. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill... Representative Parke, for what reason do you seek recognition?"

"Thank you, Madam Speaker. On House Bill 1351, I'd like the record to show that I inadvertently voted wrong. I'd like to vote 'no' on that Bill."

"House Bill 1351 will... the transcript will reflect that, but the record will not change. House Bill 1590, Representative Kulas. Out of the record. Is Representative Cowlishaw in the chamber? On the Order of Speaker's Table... Excuse me. The Lady is back in the chamber. Representative Cowlishaw, you asked to make a Motion. It's on page six on the Calendar, Ladies and Gentlemen, under Motions. House Bill 1305, Mr. Clerk. Representative Cowlishaw."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I move to take House Bill 1305 from the table and place it on the Interim Study Calendar of the Committee on Financial Institutions."

"The Lady has moved to take this Bill from the table and place it in Interim Study in Financial Institutions. Is there any discussion? Hearing no objection, the question is, 'Shall the House take House Bill 1305 from the table and place it on the Order of Interim Study in Financial Institutions?' Hearing no 24  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 objection, the use of the Attendance Roll Call will be made available. On the Order of Speaker's Table, page five on your Calendar, House Resolution 309. Representative Currie."

"Thank you, Madam Speaker and Members of the House. House Resolution 309 is a recommendation from the Illinois Citizens' Council on Women. It directs the Auditor General to conduct a program audit of the operation of the Job Training Partnership Act in the State of Illinois. The recommendation stemmed from a study done for the United States Department of Labor on JTPA programs across middle western states, and the issues raised in that major study were the question whether support services are adequately available and whether targeted groups are adequately served under the present Job Training Partnership Act program. I would be happy to answer your questions and I would appreciate your support for House Resolution 309."

"The Lady has moved for the adoption of House Resolution 309. And on that question, the Gentleman from Winnebago, Representative Hallock."

"Will the Sponsor yield for a question?"

"She will."

"Is this undertaken now by any other state agency of government?"

"This audit is not undertaken by any other agency of state government. This would just ask the Auditor General to do a program audit, not a financial audit but a program audit."

"Is there any direct price tag that's ascertainable from this program?"

"I talked to the Auditor General's Office and they did not describe any fiscal constraint that would make it difficult for them to comply with this audit. In fact, we 25  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 We did not put a worked with them in drafting the audit. return date in the Resolution so that they would be able to make this constraints." requirement match with their budgetary

"So, it's your impression that the Auditor could use his current staff in their normal course of duties to do this without any further cost?"

"That is my understanding, although I don't know that I addressed specifically that question to them. I know that the issue arose in respect to a report date and they were... hopeful we would not put a report date in the Resolution so that they would be able to manage this requirement in terms of other expenditures and responsibilities."

"Thank you."

"The question is, Shall the House adopt House Resolution 309? All those in favor say 'aye', all those opposed say 'no". And this House Resolution is adopted by use of the Attendance Roll Call. Going back to the Order of Concurrences, the next Bill is House Bill 1939, Representative Ewing. Clerk, read the Bill."

"House Bill 19... what number, 19..."

"1937."

"House Bill 1937, a Bill for an Act to amend the Consumer Fraud and Deceptive Business Practice Act, together with Senate Amendments #1, 2 and 3."

"Representative Ewing."

"Madam Speaker, I am in agreement with the Senate Amendments on this Bill and I would move to concur in all three of the Amendments. I think this has been discussed on both sides. It's an agreed... fairly well agreed Amendments."

"The Gentleman has moved to concur in Senate 26  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day Amendments 1, 2 and 3 to House Bill 1937. question, is there any discussion? June 30, 1987 An d on that Hearing question is, 'Shall the House concur in Senate 1, 2 none, the Amendments and 3 to House Bill 1937?" All those in favor vote 'aye', all those opposed vote 'no". Voting is open. This is final passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 112 voting 'aye', none voting 'no', and none voting 'present', and the House does concur in Senate Amendments 1, 2 and 3 to House Bill 1937. And this Bill, having, received declared passed. McCracken. the Constitutional House Bill Majority, is hereby 2998, Representative Out of the record. House Bill 2682, Representative Pullen."

"Madam Speaker, I am moving to concur with Senate Amendments 1 and 2 to House Bill 2682. This is the Bill to require the Department of Public Health to engage in a policy of contact tracing on AIDS, which they already do for other sexually transmitted diseases. This Bill as it is amended by the Senate has in it a recognition that there are anonymous tests being given at alternative testing sites being set up and already established, I should say, by the Department of Public Health. And it authorizes the Department in addition tracing to conduct a pilot study of the experimental program of anonymous contact referral, whereby someone can be tested anonymously and encouraged to send his own contacts into be tested rather than having his name reported to Public Health authorities for contact tracing purposes. Except at the to contact anonymous alternative testing sites, the Bill does require that the names of those testing positive be reported to Public Health authorities so that contact tracing can take place in order to reach those who are very possibly 27  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 infected and not aware of it because they do not have symptoms so that they can prevent themselves from spreading the infection to someone else, and so that they can begin to take necessary precautions. The Bill requires the Department to report to the General Assembly semi-annually on its policies to control AIDS, particularly contact tracing and anonymous contact referral. The reports shall be statistical only and not identifying any person. This Bill has in it the strongest confidentiality language of any of the Bills that have been considered this year. The breach of confidentiality, which is feared by some persons, would be punished by a Class 4 felony; and in addition, a fine of at least 10,000 dollars per offense. That is no more than 10,000 dollars per offense, but no less than 10,000 dollars as a minimum. So, that if there is one breach, it would be 10,000, then anything over one would be further fines up to 10,000 for each breach. So, it is the strongest Bill with respect to confidentiality concerns. There was a technical point raised yesterday that there was a problem with one of the Senate Amendments. I reviewed the Amendment carefully with the engrossed Bill after I took it out of the record at that time, and I discovered that in line 11 of page 2 of Senate Amendment #1, it refers to line 11 of the engrossed Bill and it should have referred to line 9. With that correction, the Bill would be exactly correct. And I have been informe d and assured that this correction can be done and will be done in the enrolling and engrossing process. And so, we do not need to send this Bill to Conference just to fix a line number, and I move now that we concur in Senate Amendments 1 and 2 to House Bill 2682."

"The Lady moves to concur in Senate Amendments 1 and 2 to House Bill 2682. And on that question, the 28  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day Gentleman from Cook, Representative Levin."

"Would the Lady yield?"

"She will."

June 30, 1987 "Representative, there is, I think, one major difference between this Bill and Senate Bill 651. This Bill mandates that the Department engage in contact tracing. The Senate Bill gives the Department the authority. How much is this Bill going to cost the taxpayers and the citizens of the State of Illinois?"

"Sir, that is only one of the differences between this and Senate Bill 651. It is a difference. This Bill does mandate the Department to conduct contact tracing and that is intentional. It also, as I said, sets up a separate experimental program of anonymous contact referral. I do not have exact cost figures on how much this is going to cost the State of Illinois and I don't think that anyone can tell for certain. I have been given to believe that it is in the neighborhood of 2,000,000 dollars. I would like to remind the Gentleman and the House that money invested in prevention through education and through these kinds of efforts is very minor compared to the money that we are going to be asked to spend to treat people who are infected with this disease, who do not need to become infected years to come." in

"If you'd further yield, are you prepared, the hour's late, but are you prepared to vote for a tax increase in order to fund this contact tracing?" Pullen: tax "Sir, I know that the State of Illinois spend... wastes 2,000,000 dollars every time that the clock turns to 12:00. I don't think that we need to pass a increase to provide 2,000,000 dollars for contact tracing. I think that we need to have the Department of Public Health find that money. and I would be prepared to vote for an 29  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 appropriation to add that to them, but I think we can take it from somewhere else other than the taxpayers pocket as an addition."

"I know we've got a number of Members who have worked hard on the appropriation process fighting over five and 10,000 dollar appropriations. And it seems to me that this is one that goes well beyond that. I have one other question, though. In Amendment #2, it talks about obtaining information from the U.S Armed Forces, from federal agencies and from other states and jurisdictions of Illinois... on Illinois residents. Can you indicate what that is? Are we going on a fishing expedition on the personal history of every man, women and child in the State of Illinois?"

"No."

"It certainly seems like that."

"Speak to the Bill, Representative Levin."

"It seems to me as bad as Senate Bill 651 was. certain redeeming features. contact tracing. that discretion. or not that we It has It gave discretion to the Department whether or not it was going to waste money on This Bill doesn't give the Department This Bill mandates whether it makes sense spend at least 2,000,000 dollars, and I think it's closer to 60,000,000 dollars a year of money we don't have on impinging on people's rights. provides that we're going to go explore personal of individuals from the U.S Armed Forces, from Federal It also histories local jurisdictions. This agencies and other state and Bill is even worse than 651. We've already put 651 on the Governor's desk. He will have the opportunity to review it and possibly to sign it. This Bill, we don't need to pass this Bill."

"The Gentleman from St. Clair, Representative 30  73rd Legislative Day Stephens. Stephens: STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 "Thank you, Madam Speaker. I'd just like to address the remarks of the previous speaker. The fact of the matter is that it's pretty well accepted that education, seriologic screening and contact tracing in combination will stop the spread of AIDS. I just don't understand why people can stand on this House floor and speak against the stopping of the spread of this dread disease. It's time that we got this Bill out of here, put it on the Governor's desk. I think he ought to sign it and we can say... go home and say that we've made positive steps. We're leading the nation in an effort to limit the spread of this terrible disease. Thank you."

"Representative Pullen, to close."

"Thank you, Madam Speaker. I simply ask the House to join me in concurring with the Senate Amendments."

"The question is, Shall the House concur in Senate Amendments 1 and 2 to House Bill 2682?* All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. This is final action. This is final action. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 88 voting 'aye', 25 voting 'no', and 1 voting 'present'. And the House does concur in Senate Amendments 1 and 2 to House Bill 2682. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2849, Representative Churchill. Clerk, read the Bill."

"House Bill 2849, a Bill for an Act to amend the Illinois Low Level Radioactive Waste Management Act, together with Senate Amendment #1."

"Representative Churchill."

"Thank you, Madam Speaker, Ladies and Gentlemen of the 31  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 House. This was a Bill that we had discussed last night at some length. Apparently, the analysis on the other side of the aisle was incomplete, and I agreed to take the Bill out of the record so that everybody could take a look at it and determine whether or not the Amendment was acceptable them. This is the Bill that reduces the fee to the nuclear power plants from 600,000 to 408,000, limits the payment period to three years and requires that any disposal fees take into account the contributions to the low level waste facility. I believe that the other side of the aisle now has had a chance to look at that. And so, I would now move to concur with Senate Amendment #1 to House Bill 2849."

"The Gentleman moves to concur in Senate Amendment #1 to House Bill 2849. And on that question, the Gentleman from Cook, Representative Levin."

"I appreciate your taking it out of the record yesterday. I did have a chance to review it and just a couple of questions. One, what is the justification for reducing the fee and; secondly, why do we only cover the next three years? What happens after then?"

"I want to start out to put it in a frame of reference as I probably should have done last night. This is for a site that is going to be paid for by the users of..."

"Representative Churchill."

"Thank you. Paid for by the users of that site. Whatever the cost of the site is, the users are going to pay for that, whether it be a million, a hundred million, a billion, two billion, whatever the cost is they're going to pay for it. Alright. The question is, when do they pay and how do they pay? The way this is working out now is that we have agreed that we will charge them, over the next three years, a fee of 408,000 dollars per facility to begin to build up the amount of money that's necessary for this 32  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 site. If we have accumulated enough money for the site and there is excess money, that will be given back to them as a credit on the disposal fees that they pay. If there is a balance left that is necessary to pay for this site, then they will pay for it. So, in the end term whatever the dollar amount is that's necessary to build this, they're going to build it. Now, one of the options we had was just to wait until the site was put together and send them a bill and have them pay at that time. If we did that, then we would not have sufficient funds to begin the site location, the engineering, the architectural work, all of the other studies that have to go into place to put the site into effect. So, we entered into an arrangement that they will begin to pay over a three year period a sum of money to begin to build this fund for the total site. So, we originally decided to raise the fee from 90,000 to 600,000, which we felt was something that would incorporate a body of money that we would have for the operation and maintenance and site location and everything of the particular site. The utility companies who are going to be... they use... they're the 98 percent user of this, it's their money, it's the site that they're going to end up using 98 percent of the capacity, came back and said, "We want to pay you the operations and maintenance portion of this. That amount is 408,000 dollars. So, what we're doing with this Senate Amendment is taking the amount to the operations and maintenance portion, which we feel is enough to build up a sum of money to get the beginning portions of this site underway. That's the whole picture. I think in my explanation I have... I hope I have answered the question that you asked."

"Thank you."

"The Gentleman from Cook, Representative 33  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Cullerton. Representative Cullerton, do you seek recognition?"

"Yes."

"Proceed."

"I wanted to correct Representative Churchill. He indicated that the Democrats analysis was incomplete. I think that the reason why we were not able to pass the Bill yesterday was because the explanation was very incomplete, and I trust that Representative Churchill now has a vague idea about what this Bill does after having studied it over the evening. because it was real clear that he had no idea what it did as he stood on the floor yesterday with somebody whispering in his ear. So... I support the Bill, but I just wanted to correct the record. Thank you."

"Representative Churchill, is the Gentleman harassing you? Representative Churchill."

"I don't think that he's harassing me and I don't mind his comments. Obviously, I had a better understanding of it than he did, because he's the one that said if you take it out of the record, we can get it cleared up. And one of the other Representatives kept looking at his piece of paper saying, 'This is only a one line explanation. What does this do? What does this do?' So, I... I think, perhaps, it was sloppy work on those who supported the other side that caused the..."

"You know... You know... you haven't passed it yet, have you?"

"...Caused the explanation."

"You haven't passed it yet, have you?"

"Gentlemen, Gentlemen, this is not a dialogue. The Gentleman from Cook, Representative McNamara, on the question."

"Thank you, Madam Speaker. I was one of the ones 34  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 questioning Mr... Representative Churchill yesterday, and one of the things that did not come out in his original explanation was that this is a measure that will provide for disposal of radioactive materials and provide for it in the future. And the provision of those will come from monies from the utility companies themselves in order to provide for the logical way of disposing these materials. After the explanation by the Gentleman from the Nuclear Regulatory Commission... Committee, whatever you want to call it, I thought that it did sound like a very good process. Whereas, we do have to look for the future, we have to get the dollars now, so therefore, at this time, I am in support of the measure."

"The question is, Shall the House Con... Excuse me. The Gentleman from Cook, Representative Huff."

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

"Representative Churchill will yield."

"Representative Churchill."

"Mr. Churchill, a question is being put to you."

"Representative Churchill."

"Yes."

"You are alluding that this 600,000 dollars is going to come solely from the nuclear operators, Com Ed., Illinois Power. Can you give me any assurance that this 600,000 won't subsequently or ultimately find its way into the base rate, which means that if it does, the consumer has to pay for this? Can you give me any assurance in your legislation that will prevent this 600,000 dollars finding its way into the base rate?"

"No, I cannot give you that assurance. We're dealing here not with rate making, we're dealing here with disposal of nuclear waste and we are dealing with fees. I assume if 35  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 a power company wanted to include that in their rate base, they would have to make an application to the ICC and say that this was one of the reasons that they sought some rate change."

"Alright."

"It... it... you know, I'm just being honest with you, it could or it could not depending of what they want to do."

"Yeah, I appreciate that. I appreciate that, but to the Bill, Madam Speaker. The question of nuclear waste disposal transcends, in my opinion, the importance of this monetary amount. I want people to understand that this is a very dangerous, pernicious element that we're dealing with. We're hardly in control of it, and I suspect that in addition to finding out that we're not really disposing of this material that has a half-life of 5,000 to 100,000 years, but the poor consumer will ultimately pay for it when Com Ed and Illinois Power puts this into their rate base. I think this... there has got to be a better way, but this is not the way, unfortunately. This is a bad Bill."

"The Gentleman from Cook, Representative Kulas."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. There seems to be some confusion on this Bill. This Bill deals with low level radioactive waste, not the regular nuclear waste. There is no reduction in fees or anything. We are assessing higher fees for the siting of a low level nuclear waste, and I would move for the concurrence of this Bill."

"Representative Church... Representative Huff, for what reason do you seek recognition?"

"Well, I think it's imperative, Madam Speaker, that we don't delude the people of Illinois any further. I would 36  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 respond to that last statement. There is no such thing as low level radiation. The radiation rams on a pair of gloves is the same as it is on a ton of nuclear waste. The half-life will still be the same. You're talking about 5,000 years, and we don't have... there is no-man made container that can contain the half-life of this material. We are flirting with the possibility of contaminating our environment, low level, or however you want to call it."

Speaker Breslin: "Excuse me. Representative Huff. Representative Huff, it is inappropriate that you had already spoken. And I realize you are entitled to your opinion. With agreement, Representative Huff, could Representative Churchill close and address those issues? Representative Churchill."

"Thank you, Madam Speaker. This Bill does not do anything with rate setting. This Bill does not do anything other than one thing. It sets... starts out a fund that is going to be necessary to site a low level nuclear waste site which we are going to have to do by 1993. It's going to have to be there. It's a question of how do you pay for it and when do you pay for it. All this does is say that we're going to pay for it at 408,000 dollars per nuclear unit over the next three years. If there is an insufficient fund, then that fund will have to be made up. If the fund is in excess, then the excess will be credited back with the disposal fees. We're meeting an obligation that is required by law. We're going to have to meet this obligation, and all we're talking about today is how do we pay for it. It's going to be much more comfortable today to put this fee structure over the next three years and make up any balance due than it will be to come back after the site is already in place and try and put a fee structure in to pay for something of that great of size. 37  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 So, at this point. I would, again, reiterate my Motion that we concur in Amendment #1 to House Bill 2849.

"The question is, 'Shall the House concur in Senate Amendment #1 to House Bill 2849?" All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. This is final action. Have all voted who wish? Have all voted who wish? The Clerk will take the record. Representative Laurino votes 'aye". On this question there are 102 voting 'aye", 12 voting 'no', and none voting 'present'. And the House does concur in Senate Amendment #1 to House Bill 2849, and this Bill, having received the Constitutional Majority, is hereby declared passed. Going back up on the Calendar for those Bills that were passed over. On the Order of Concurrences, the first Bill is House Bill 375, Representative Stange. Out of the record. House Bill 981, Representative Greiman. Out of the record. House Bill 1064, Representative Cullerton. Clerk, read the Bill."

"House Bill 1064, a Bill for an Act to amend an Act relating to Circuit Court, together with Senate Amendment #1, 2 and 3."

"Representative Cullerton."

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. I would move to concur with Senate Amendments #1, 2 and 3. The Bill deals with adding additional Judges in the state, throughout the state, and let me just explain where all of the Judges would come from when we... when it's completed. The... First, in talking about abo Circuit Judges, there will be one from Madison... one additional Judge from Madison County, three Judges from the 19th Circuit. That would be two from Lake County and one from McHenry. And I understand, by the way, from Representative Klemm. that this is the Circuit that has the... the biggest 38  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 case load. I haven't verified that, but I was very surprised to see how many... how few Judges they had there. One Judge from St. Clair County, one Judge from Champaign County. This was concurring with an Amendment that Representative Johnson and Representative Black had asked for and there is also a... an Amendment from Representative Countryman that added one Judge from Kendall County and one from DeKalb. So that there would be two from the... two additional Judges from the 16th Circuit. The 7th Circuit would have... which is Sangamon County area, would have one elected at large. And then also in Sangamon County, with regard to Associate Judges, they now have eight Associate Judges. They have authority for nine. This Bill would give them the authority for ten. The... Senate Amendment #2 added one Judge from the 17th Circuit, which is in Winnebago County, to be elected at large, however. And then. Senate Amendment #3, was sponsored by Senator Rock, adds additional Judges... additional Associate Judges to Cook County. Now, I would... I would indicate to you that Cook County initially asked for an enormous number of Judges. I think they asked for something like 60 Judges. Senator Rock told them definitely not. He conferred with Senator Philip and then passed out this Senate Amendment #3. And what it does is to provide that Circuits with more than 3,000,000 in population, which is... the only Circuit with... like that is Cook County, will have an Associate Judge for each of 30,000 in population. Current law is 35,000. I am told that this adds 19 new Associate Judges, and I was told that by the Supreme Court Office, Administrative Office. Now, the Chief Judge in Cook County has... Judge Harry Cummerford has indicated that if he was to receive 26 new Associate Judges, this is the break down and where they would put them: two in traffic court, three 39  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 in domestic relations, 10 in paternity, 5 in pretrial mediation, 1 in arbitration, 2 in juvenile, 1 at the Markham facility, and 2 at the Maybrook facility. Now, that's a request of 26 new Associates. I understand that this Bill provides for 19. Now, with regard to the cost of the Bill, the Circuit Court Judges salary is 80,099 dollars and the Associate Judges salary is 74,600 dollars. The Bill adds 21 Associate Judges and... I'm sorry, the Senate Amendment adds 21 Associate Judges and 2 Circuit Court Judges. The total amount for the... the Bill, all told, first, full Circuit Court Judges, I believe, is ten, and there would be two Associate Judges downstate and 19 Associate Judges in Chicago. So, I would be happy to answer any questions. I think that what we've... what you should understand is that if the... if the money is not appropriated to the Supreme Court for the new Judges, they can't be filled. This is an authorization to create these judgeships. If the money is not there, then the Judges cannot be funded and then there will not be new Judges. So, I would anticipate that this would be enabling legislation and if and when it - and I believe that the budget does not provide for money for these Judges - if and when the money might be available we would not have to do a Supplemental in order to pay for their salaries. But this... this recognizes the need for the additional judgeships and we should pass it for that reason right now. I'd be happy to answer any questions."

"The Gentleman has moved for the... for concurrence in Senate Amendments 1, 2 and 3 to House Bill 1064. And on that question, the Gentleman from DuPage, Representative McCracken."

"Thank you, Madam Speaker. I, again, rise in opposition to this Bill. We discussed this in some length 40  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 last night before the Sponsor took it out of the record. This is nothing but a spoil system. This is a means of getting patronage in a time when patronage is outlawed, in a time when the Federal District Courts have said, "You can't use patronage. You can't compel party participation by patronage. You can't hire and fire on the basis of patronage." So, they move on to this type of spoil system, a spoil system where, without consulting the Supreme Court, they create this vast new authorization for Judges throughout the state. Under this formula, Cook County would be authorized to have at least 19 more Associate Judges. In a full fiscal year of those 19 Judges, the cost to the state would be almost one and a half million dollars. The Supreme Court has never been consulted on this Bill. The Supreme Court has said, as recently as this morning, that they were never consulted on this Bill. The Supreme Court currently has authority to appoint up to 50 Associate Judges statewide as necessary in its discretion. Under that authority, they currently have apportioned 22 of those 50 to Cook County. Cook County doesn't need this Bill. This is a spoils Bill. This is a patronage Bill. There is nothing else to it. It adds Judges that aren't necessary. It gives slots to lawyers who can't find better jobs or who don't want to work. And I said it last night and I mean it, if you're against lawyers, if you don't like voting for lawyers, vote 'no' on this Bill. It's nothing but patronage. It ought to be defeated."

"The Gentleman from Will, Representative Petka."

"Thank you very much, Madam Speaker, Members of the House. I rise in opposition to this Bill. In happier times, when we do have the revenues, perhaps, a... an increase in the number of Judges in certain counties might be legally, and perhaps, morally justified, but in a time when we are going 41  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 to be walking away and facing very, very deep cuts across the board, it seems to me that it's very inappropriate and certainly not justified that we would be adding at least 3,000,000 dollars for more judicial manpower. And additionally, it is something... the hidden cost being support personnel which would necessarily follow. It just seems to me that the type of legislation that, as well intended as it may be, simply it does not fit the fiscal times and the fiscal restraints that we are under. I would urge the defeat of this legislation as being inappropriate during this Legislative Session."

"The Gentleman from Cook, Representative McAuliffe."

"Madam Speaker and Ladies and Gentlemen of the House, I rise in opposition to this Bill, but for a different reason than the Representative from DuPage County. I see nothing wrong with patronage, and if I could get some of the patronage and appoint some of the Judges, I'd be very happy to vote for this Bill. Patronage is used as a dirty word by reformers, but it's really not a dirty word. It's just a way of rewarding people that help the system work."

"The Gentleman from McDonough, Representative Slater."

"Thank you, Madam Speaker. I also rise in opposition to this Bill. When we talk about the cost that we're going to have as far as additional Judges' salaries, I don't think we've factored in the possibility that we've got a pay increase coming up. And also, as a practical matter, when we talk about the 2.3 or 3,000,000 dollars that we're going to have to spend to employ these Judges, it's going to be a lot higher than that because those Judges are going to have to have court reporters, stenographers, going to have to have secretaries, going to have to provide office staff for 42  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 them, and certainly, we're going to have to provide pensions. Everyone knows that the Judges pensions are very, very lucrative. They're very expensive. I just don't think we can afford this. It looks to me like it's nothing that's burdened down... that hasn't just been burdened down with everybody who wants a new Judge. But, one other point, when we talk about the new Associate Judges, we have two new Associate Judges for downstate and 19 new Associate Judges for Chicago. So, anybody who's from downstate, looking at it from the standpoint of equity, has to say no."

"The Gentleman from Cook, Representative Kulas."

"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 'nos' have it and debate will continue. The Gentleman from Cook, Representative Pedersen."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. As a country, we're living beyond our means and I think that we, as a Legislator, have to lead and be an example to the citizens in setting our priorities. This legislation is just make-work for lawyers and Judges, and we're talking about a year when we're trying to not increase taxes, when we're trying to cut spending and when we're taking money away from mental health and education and some of those other areas that really are priorities compared to a fund to put lawyers to work. So, I urge that we vote 'no' on this Bill."

"The Gentleman from Adams, Representative Mays."

"Thank you very much, Madam Speaker. I simply rise in opposition to this Motion. We don't need more Judges in 43  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 the State of Illinois. What we need are Judges that work more. Any survey that you see would show you these guys are just... you know, a bunch of them just... they come in late and they go early. I think they had a survey done in Chicago or Cook County in 1985 that was just unbelievable. It showed how many Judges they had around at 2:00 in the afternoon on Fridays. This is crazy. We don't have the money for it. We ought to send a message. If we're going to spend money on the Judicial Branch, let's spend it where the Supreme Court feels it ought to go, not here."

"The Lady from Sangamon, Representative Hasara."

"Thank you, Madam Speaker. I'm in the 7th Circuit and as was pointed out, the 7th Circuit, under this Bill, is scheduled to get another Associate Judge. The 7th Circuit has never even appointed one of the Judges that they're already entitled to. So, why in the world we would be entitling them to one more, when they already have one they've never appointed, is totally beyond my comprehension. And I'm afraid a lot of you did not grasp what Representative Slater said, and that is that when you appoint new Judges or elect new Judges, you're not just bringing in salaries for those Judges. There will be new court reporters, new secretaries and a lot of new other support people that are needed for these new Judges. So, there's a lot more you have to think about than just the number of new Judges, and I hope you'll all remember that when those appropriations come along too. Thank you."

"The Gentleman from Cook, Representative Preston."

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. One of the previous speakers comments about Judges in the Circuit Court of Cook County not putting in a day's work or coming in late, leaving early is just so much 44  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 populous pap that ranks right up there with the comments about all politicians and all officeholders don't do a damn thing but sit there and collect their salaries. Those of us in this Body know that's garbage and that's not true. The Gentleman who spoke before obviously has no knowledge about what goes on In the court system and he has demonstrated his ignorance by those unnecessary comments."

"The Gentleman from McLean, Representative Ropp."

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

"Representative Cullerton?"

"Representative Cullerton."

"Will you yield to a question? He will."

"Oftentimes, when legislation is introduced dealing with juvenile courts, you have stated that whoever the power that be is in Cook County... state that there is no space and no money to do these things. How are you going to handle 19 additional Associate Judges if we've never been able to handle one or two Juvenile Court Judges?"

"Well, Representative Ropp, I'm glad you raised that issue. We have told you, when you have asked to include truancy and bring truants back into juvenile court, our response has been, Representative Ropp, in Cook County, we don't have enough time to take... to deal with the more serious offenders who are juveniles. This Bill, at the request of the Chief Judge, Cummerford, will add two new calendars in the juvenile court system in Cook County. If anything, that will help alleviate the crowded conditions in those juvenile facilities and make it easier for us to pass a Bill to put truants back into the juvenile court system."

"Okay, you're saying, then, you're going to support the 45  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 juvenile court Bill, then, next year. Is that what you're saying, as the result of the passage of this?"

"I'm saying. if we have two new calendars in the juvenile court system in Cook County, which is what this Bill would... calls for, that it would be much easier for us to alleviate the crowded conditions and move towards the type of legislation that you want to do, and that is bring truants back into the juvenile system."

"Yeah, but Judge Hamilton, who I think you may know, has stated that this is not needed. that we have sufficient room and sufficient time and sufficient Judges to do what we're intending to do anyway."

"That's not true. That's just not true."

"Well, that's what he told me, and I think you were probably in his presence last fall when he said that."

"Well, the Chief Judge has asked for two new Judges to add two new calendars to the juvenile court system. That's all I can tell you."

"Okay. Well, thank you. To the Bill. Ladies and Gentlemen, it seems to me that in this time when we're somewhat short of money, it almost looks, and I'm stating this naturally as one who's not an attorney, of course, but it seems like we're attempting to establish a sizable number of spaces for retired Legislators."

"The Gentleman from Champaign, Representative Johnson."

"I have just some comments that I guess are not really organized here. but just some thoughts that have occurred to me and I appreciate the indulgence in listening to them. First of all, to Representative Mc Pike and Representative Cullerton, I appreciate the fact that you've been willing to accommodate Representative Countryman and myself and Representative Klemm. I really do appreciate that and I 46  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 won't... I don't forget those sort of things. That's very kind of you. I think some of these comments are made, not only on my behalf, but on Representative Countryman's as well. The bottom line is I don't think I can vote for this Bill for a variety of reasons. One is that all of us faced some difficult times in the last week with the tax question and revenues. and we're going to face some real, perhaps, more difficult times in the next three months when people in education, and otherwise, come to us with pain from the cuts that are going to be necessary from the lack of a tax increase. And I think, in light of those things, it would be very, very difficult for me to vote for something, as much as I think it is needed in my area, and it's arguably needed in other areas, sometimes other cuts have to be made, and I think this is one of them. I say to the people that live in Rantoul, that if I thought that we could get your courtroom back the way you ought to have it, even though the local Circuit Court took it away, I might even vote for this Bill anyway, but the local Judges have all uniformly said that even if we institute a new Judge, they won't send a full Circuit Judge or an Associate Judge to Rantoul, notwithstanding the fact that they could save a lot of money, because there is already a bailiff and a reporter and a courtroom available, and apparently, if we institute a new Judge, they'd rather spend money at a county level to keep everything in Champaign-Urbana, rather than serve northern Champaign County and in Rantoul. I think that's a terrible attitude, but that's apparently the attitude that at least some of the judiciary took and even if we pass this, they've indicated it's not going to change. I would say finally and specifically to Judge "Jensen', who apparently would rather talk to me through the news media than talk to me in person, that there is a 47  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 backlog in Champaign County. If you want to set a case, a personal injury case or another case on the civil docket call, you've got to wait nine months to be able to get the case heard. I think that's a backlog. I think there is a need. I think there is a need in Champaign County. There is a need in Rantoul and there is probably needs elsewhere. But there is also needs in education, in mental health, in transportation and other places and everybody's simply going to have to feel the painful effects of holding the line on spending, which I think all of us support. So, with my sincere thanks and Representative Countryman's thanks to Representative Cullerton and Representative McPike, I'm going to reluctantly have to vote 'no' on this Bill."

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

"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. Representative Cullerton, to close."

"Yes, thank you, Madam Speaker and Ladies and Gentlemen of the House. Representative... I want to comment on Representative Johnson, and I appreciate his comments. We did accommodate him. He does have a need in Rantoul, and I'm sorry that the... for obvious... obviously because of some political considerations, he's not now able to support the Bill that he supported when it left the House. But we haven't voted yet, so maybe he might change his mind in the next few minutes. With regard to some of the comments that have been made, Representative... I am not supposed to mention names, so the Representative who 48  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 lives in DuPage, but practices law in Cook County made some comments about..."

"Representative Cullerton, proceed."

"What we're doing is creating Circuit Court Judges, which are elected by the people, and Associate Judges, which are elected by those same Circuit Judges, who are elected by the people. I don't really, quite frankly, know what type of patronage he's talking about. If... and I would point out to him that some of the fine Judges who are elected in Cook County include such people as Alan Greiman and some of the fine Associate Judges, the most recent one was the Governor's sister, who is an excellent attorney and will make a fine Judge. That's the quality of the Judges that are being elected by the Circuit Judges. With regard to the issue of juvenile court, there is a tremendous backlog in juvenile court in Chicago. This Bill is designed to help alleviate that backlog. We passed a Bill here the other day that said that all the jurisdiction... for jurisdictional purposes, the scholarship commission lawsuits have to be in Cook County. Cook County, because of the corporations that are there, unfortunately, because of the crime that is there, has a much greater need for Judges than downstate. This is a thing that's fortunate for those people or downstate, and yet, in this Bill, we still recognize the fact there is a need for Judges downstate. We have ten new Circuit Court Judges downstate, two Associates. Another point that was made was that the Supreme Court has the ability to appoint 50 Judges on a case by case basis where they think there is a backlog. The Gentleman argued that the Supreme Court has already appointed 22 in Cook County. That recognizes the fact that there is a need there and this Bill responds to that. Representative Klemm made a very strong argument. I talked 49  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 to his Chief Judge with regard to the Lake County, McHenry County situation. It's unbelievable, with the population growth up there, they have so few Judges. This addresses that situation. So, I think you should try to overcome the rhetoric that you have heard and recognize the fact that if we don't have... this is not an appropriation Bill. If we don't have the money in this budget, we're not going to be able to create these Judges until we do have the money. This is an authorization Bill. I'd appreciate an 'aye' vote."

"The question is, "Shall the House concur in Senate Amendments 1, 2 and 3 to House Bill 10647 All those in favor vote 'aye, all those opposed vote 'no". Voting is open. Representative Black, one minute to explain your vote."

"Thank you very much, Madam Speaker. I would just simply like to echo what a Representative said on this side of the aisle. And I, too, commend the Representative from the other side of the aisle for recognizing one inescapable fact. A problem exists. To set the record straight, my Circuit is not involved in this Bill, but I commend him for his willingness to listen to some of our problems, and perhaps, include us in that. It is a kind gesture that I, too, will not forget. It's unfortunate that I can't support his Bill at this time, but I do commend him for recognizing something that won't go away, and that is a judicial shortage, and we certainly have a backlog in my Circuit."

"The Gentleman from DeKalb, Representative Countryman."

"Thank you, Madam Speaker. I do want to say I'm most appreciative to the Representative who sponsors this Bill for his accommodation to me and to others on this side of 50  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 the aisle. I do take personal offense at the remarks that were made about lawyers and Judges, and I really am offended that the fact that our side of the aisle has to raise those. I'm going to vote against this Bill because there isn't money here to..."

"Proceed, Representative Countryman."

"Thank you. And I think the priorities of this state have to be in the education of children and other things. I did put an Amendment on this Bill. I did vote for it before. My Judges want it. It's needed in the area that I represent, but right now the most important priority is finding enough money to fund elementary and secondary education, higher education. And I'll tell Representative Cullerton that I'll work with him in the future to solve the problems of Cook County and the judicial system throughout the State of Illinois."

"Have all voted who wish? Gentleman from DuPage, Representative McCracken, requests a verification if this Bill receives the necessary Majority. The Gentleman from Cook, Representative Cullerton, one minute to explain your vote."

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. I think I have covered the subject fairly well in the debate. I certainly haven't tried to hide anything, and I appreciate those people who recognize this being a good Bill and standing up to the political pressure and the politics that is imposed upon them, and it's unfortunate to politicize this. I think that it's been very clear that this is not a Bill that adds additional cost. If the state doesn't have the money, the money has not been appropriated. It just does through the authorization. And in the long run, in many cases, by having new Judges, you end up bringing more money back to the state, especially in 51  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 the area of juvenile court, because of the backlog DCFS has told me about, they feel that additional Judges in the juvenile area will end up bringing more money back to the state. I appreciate an 'aye' vote."

"The Gentleman from Cook, Representative Sutker, one minute to explain your vote."

"Madam Speaker and Ladies and Gentlemen of the House, I'm very disappointed in the vote that I see up there, and I'm especially disappointed at the lawyers who are voting "no". Each lawyer knows the burden that a Judge has, and each lawyer knows that we continuously make that burden greater. I know that there are certain lawyers on both sides of the aisle, who practice in Cook County, who are aware of the clogged calendars, and are aware that this very House clogs the Calendar with Bills that it presents to the Governor and that are signed into law. I'd like to see this Bill pass, not for any personal reason or political reason. I think that those of us who are professionals in our profession know we want to elevate the standards and caliber of the bench, and to do so, we have to offer an opportunity for a career that is important to lawyers who become Judges. I would urge, Ladies and Gentlemen, that you forego partisan political considerations at this time."

"Bring your remarks to a close, Sir."

"Add enough votes to pass this Bill. You will be benefited by it. The state will be benefited by it. Your profession will be benefited by it. Please don't hesitate to do so for narrow partisan concerns."

"Representative Klemm. one minute to explain Klemm: your vote." "Thank you, Madam Speaker. The Circuit that I have actually has a heavier case load than Cook County, and there are new Judges in this Amendment to support my 52  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 73rd Legislative Day Circuit; but, you know, sometimes everybody has to tighten their belt because of our financial dilemma we find ourselves in. And perhaps, we must, at this point in time, tighten our belt with spending and not support the Bill at this time, even though I know there are Judges in our districts. So, therefore, I'm going to change my vote from 'aye' to 'no'."

"The Gentleman from DuPage, Representative Daniels, one minute to explain your vote."

"Many of us have spent this Session reviewing the state's revenue and the structure of the revenue. Because many of the people on this floor felt that a tax increase was not necessary, and because our alternative of a two percent reduction in the budget was not passed, the Governor now will reduce the budget by four percent. Unfortunately, we had presented alternatives to that, and unfortunately, those alternatives were not accepted. And because of this, there will be cuts in the developmentally disabled, the aging out, mental health funding, education reform packages, and public aid assistance. By passing this Bill, and every vote on this Bill in favor places judicial salaries and more Judges and more partisan appointments over education reform, public aid, mental health and developmentally disabled. I ask you to seriously consider what it is you're doing right now. If you weren't willing to stand up and say the state needed more revenue, if you weren't willing to accept a two percent cut instead of a four percent cut, if you weren't willing to settle on the alternative taxes that were presented to you earlier, then how can you stand up now, look your constituents in the eyes, tell them that you were against public aid money, against mental health money, but you were for more money for the area of Judges, for more 53  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 money for the area of partisan politics and you wanted to be part of that in spending 3,000,000 dollars of money we don't have? Shame on you on the other side of the aisle. Shame on you for what you're doing right now to the people of Illinois."

"Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 60 voting 'aye', 52 voting "no", and 3 voting *present'. Representative McCracken has asked for a verification of the Affirmative. Representative Cullerton asks for a Poll of the Absentees. Are there any Absentees, Mr. Clerk?"

"Poll of those not voting. Curran. No further."

"Poll the Affirmatives, Mr. Clerk."

"Berrios. Bowman."

"Excuse me. Representative McGann, for what reason do you seek recognition?"

"Yes, Madam Speaker, could I have leave to be verified, please?"

"Representative McCracken, the Gentleman... Representative McGann and Representative Keane and Representative Davis ask leave to be verified. We'll write those names down. Keane, McGann and Davis. Proceed, Mr. Clerk."

"Berrios. Bowman. Braun. Breslin. Bugielski. Capparelli. Christensen. Cullerton. Currie. Daley. Davis. DeJaegher. DeLeo. Farley. Flinn. Flowers. Giglio. Giorgi. Greiman. Hartke. Hicks. Homer. Huff. Jones. Keane. Krska. Kulas. Laurino. Leflore."

"Excuse me. Representative White asks leave to be verified. You have leave, Sir. Proceed, Hr. Clerk."

"Leverenz. Levin. Martinez. Matijevich. Mautino. McGann." 54  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

Clerk June 30, 1987 "Excuse me. Representative Turner asks leave to be verified. You have leave, Sir. Proceed, Mr. Clerk."

"McNamara. McPike. Morrow. Mulcahey. O'Connell. Panayotovich. Preston. Rea. Rice. Richmond. Ronan. Saltsman. Shaw. Steczo. Stern. Sutker. Terzich. Turner. Van Duyne. White. Williams. Wolf. Anthony Young. Wyvetter Younge. And Mr. Speaker."

"Do you have any questions Roll, Mr. McCracken?" of the Affirmative

"Representative Terzich?"

"Representative Terzich. Bob Terzich."

"Did he vote for that Bill?"

"Voted for the Bill. He did vote for the Bill. Where... is the Gentleman in the chamber?"

"I'm surprised he voted for it."

"Bob Terzich. The Gentleman is not in the chamber. Remove him from the Roll Call."

"Representative Capparelli?"

"Representative Capparelli is in the chamber."

"And he voted for it, huh?"

"Representative McCracken, this is not the time to make editorial comments. Do you have any further questions of the Affirmative Roll?"

"Representative Farley?"

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

"Representative Giglio?"

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

"Representative Laurino?"

"Representative Laurino is in his chair." 55  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

"Is he here?

I didn't hear." "He is here in his seat."

"Representative Levin?"

"Representative Levin. Ellis Gentleman in the chamber? He is not. Roll Call."

"Representative Phelps?"

"Again, please."

"Okay. Representative Bowman?" Speaker Breslin: chamber." June 30, 1987 Levin. Is the Remove him from the "Representative Bowman. Woods Bowman is in the

"Representative DeLeo?"

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

"Representative Keane?"

"Representative Keane. Jim Keane."

"He was verified."

"He had leave to be verified."

"Representative Huff?"

"Representative Huff is in the chamber."

"Representative Martinez?"

"Representative Martinez is in his chair. Representative Mulcahey, for what reason do you seek recognition?"

"Could I have leave to be verified?"

"Representative Mulcahey asks leave to be verified."

"Thank you."

"You have leave, Sir."

"Representative Greiman?"

"Representative Greiman Alan Greiman. is... Representative The Gentleman is not in the chamber. Remove him from the Roll Call." 56  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987

"Representative Williams?"

"Representative Williams. Paul Williams. Representative Alan Greiman has returned to the..."

"Alan, you... Alan, you ought to be voting 'present'."

"Representative McCracken."

"Representative Williams is there?"

"Excuse me. Representative Williams is in the chamber. Representative Greiman has returned to the chamber. Add him to the Roll Call voting 'aye'. Representative Terzich has returned to the chamber. He wishes to be recorded as voting 'aye'. Representative Levin has returned to the chamber. Add him to the Roll Call voting 'aye'."

"Nothing..."

"Representative Greiman, for what reason do you seek recognition?"

"...Oh, wait, Representative..."

"Excuse me, Representative McCracken, did you say you had finished?"

"No."

"Do you have any further questions?"

"Yes. Representative Christensen?"

"Representative Christensen is in his chair."

"Representative Hartke?"

"Representative Hartke is in the chamber."

"Representative DeJaegher?"

"Representative DeJaegher is in his chair."

"Representative Hicks?"

"Representative Hicks is in his chair."

"Nothing further."

"Representative Greiman, for what reason do you seek recognition?"

"Yes, if I might, just to explain the possibility of a 57  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 conflict, which I would not have probably done, except that the Gentleman on the other side alluded to the possibility. I have considered the possibilities of such a conflict, since an order has been entered by the Supreme Court appointing me to a judicial position and whether that would constitute a conflict. Firstly, whether there would be a constitutional impairment possible, and it appears that there would not be, since I would not be taking any of those seats that have been created under this Bill. Accordingly, that would not render me either conflicted nor would it impair the likelihood or possibility of me to take such a seat. On the other issues are, of course, that I serve in this General Assembly as a Representative from the Ist Representative District and until tonight at 5:00, will be called upon to execute all of the duties and carry the responsibilities of that office. I thank the Gentleman from DuPage, Mr. McCracken, for considering my record and reputation in that regard and believe there is no conflict and accordingly, have been registered as voting 'aye'."

"Representative Giglio has returned to the chamber. Record him as voting 'aye". Representative Brunsvold, for what reason do you seek recognition?"

"Change my vote to 'aye, Madam Speaker."

"Change Representative Brunsvold to 'aye'. On this question there are 60 voting 'aye', 51 voting 'no', and 3 voting 'present', and the House does concur in Senate Amendments 1, 2 and 3 to House Bill 1064, and this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1133, Representative Keane. Representative... Representative Panayotovich."

"Thank you, Madam Speaker. I know it's a busy day, but I would like to invite everybody over for a piece of American made birthday cake made right here in this 58  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day Illinois, June 30, 1987 homemade hazel nut birthday cake. So, I would definitely like to make sure that Representative Ropp comes over and Didrickson because I know how much they are... how good Americans they are. Thank you."

"Representative Cullerton is recognized... Excuse me. Representative... Representative Cullerton is recognized on a Motion to reconsider. Representative Cullerton, you're recognized on a Motion to reconsider on House Bill 13... 1064."

"I move to reconsider... having voted on the prevailing side, I move to reconsider the vote by which the House adopted and concurred in Senate Amendments 1, 2 and 3 on House Bill 1064."

Speaker Breslin "The Gentleman has moved to reconsider on the vote on House Bill 1064. And on that question, Representative Young is recognized. Representative Tony Young."

"I move to lay that Motion on the table, Madam Speaker."

"The Gentleman moves to lay Representative Cullerton's Motion on the table. And on that Motion, the Gentleman from DuPage, Representative Daniels."

"Thank you, Madam Speaker. We will not contest that Motion because, frankly, we want the people of Illinois to understand the Democrat priorities in this Session. It's clear what you've done and you're going to hear more from us on that issue, so we won't contest that."

Speaker Breslin "The Gentleman from McLean, Representative Ropp."

"Thank you, Madam Speaker. I just want everybody in the House to know that I am extremely appreciative of Representative Panayotovich's cake. We're going to be using a knife, stainless steel, made in Japan."

"The question is, "Shall Representative 59  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE Cullerton's Motion lay upon the table?'. Again on that question, the Gentleman from DuPage, Representative McCracken."

"Only to echo the Minority Leader's remarks. The Supreme Court didn't want this. They've got open slots for associates. It's patronage. It's Democratic pork barrel politics and you are going to hear more about it."

"All those in favor of Representative Young's Motion say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the House lays Representative Cullerton's Motion on the table. The next Bill is House Bill 1133. Is Representative Keane back? Out of the record. Ladies and Gentlemen, we're going to page five on the Calendar under the Order of Speaker's Table, House Resolution 222, Representative McNamara. Read the Resolution, Mr. Clerk."

"House Resolution 222, adopt statement on AIDS education. Elementary and Secondary Education Committee recommends 'be adopted'."

"Representative McNamara."

"Thank you. Madam Speaker, Members of the House. On January 30th, 1987, the United States Secretary of Education, William J. Bennett and the United States Surgeon General, C. Everet Coop, released a statement on AIDS education. We have put that statement in the form of a Resolution and it defines that the Federal Government has the responsibility to provide such information to local educational authorities and that decisions as to proper timing, particular course content and the like are fundamentally ones for states and local communities to make. And I urge for the adoption of House Resolution 222."

"The Gentleman moves for the adoption of House 60  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Resolution 222. And on that question, is there any discussion? Hearing none, the question is, Shall House Resolution 222 pass? All those in favor say 'aye', all those opposed say 'no". In the opinion of the Chair, the 'ayes' have it, and the Resolution is adopted. Representative Panayotovich, for what reason do you seek recognition?"

"Thank you, Madam Speaker. I'm sorry to bother this august Body again, but the cake is in the back room in case anybody wants a piece, and we hired Representative Ropp to cut the cake, so go back there and get some. Thank you."

"On this same Order of Business on Speaker's Table, page six on your Calendar is Representative Hasara's Resolution, Senate Joint Resolution 49. Mr. Clerk, read the Resolution."

"Senate Joint Resolution 49, urges federal action on Older American Act. Select Committee on Aging recommends 'be adopted'."

"Representative Hasara."

"Thank you, Madam Speaker. This Resolution is a result of public hearings that were held by the Illinois Council on Aging earlier this year. They are asking Congress to reauthorize the Older American's Act which sunsets very soon. I move for its adoption."

"The Lady moves for the adoption of Senate Joint Resolution 49. And on that question, is there any discussion? Hearing none, the question is, Shall the House adopt Senate Joint Resolution 49? All those in favor say 'aye', all those opposed say 'no". In the opinion of the Chair, the 'ayes' have it, and the Resolution is adopted. The next Resolution is House Resolution 501. Read the Resolution, Mr. Clerk." 61  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

"House Resolution 501, directs the June 30, 1987 Department of Public Aid and Public Health and Mental Health and Developmental Disabilities to meet with a federal survey agency to stop further decertification operated facilities."

"Representative Ryder." of the state

"Thank you, Madam Speaker. During the time that the Department of Mental Health has concentrated its efforts on maintaining certification for state operated facilities, another problem has been brewing, one that needs our attention, and that is private facilities that have received, in fact, some have received awards from various agencies for being a well run facility may be denied some of their funds from HFA. The purpose of this is simply requesting that the directors of Public Aid, Public Health and Mental Health meet with the Healthcare Finance Authority to define and devise the appropriate means of active programming so that we can attempt to salvage and hopefully protect the dollars that we're receiving from the Federal Government. Thank you."

"The Gentleman has moved for the adoption of House Resolution 501. And on that question, is there any discussion? Hearing none. the question is, Shall the House... Excuse me. The Gentleman from Macon, Representative Dunn."

"I won't ask for a Roll Call, but I just want to state for the record that I am opposed to this Resolution."

"The question is, Shall the House adopt House Resolution 501? All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the Resolution is adopted. Going to the Order of Motions, Ladies and Gentlemen, on page six on your Calendar. House Resolution 621 Representative Wyvetter 62  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Younge. Read the Resolution... read the Motion, Mr. Clerk."

"Six twenty, what?"

"623."

"Thank you, Madam Speaker. I move to bypass Committee and place on the Speaker's Table for immediate consideration House Resolution 623 which would establish a local and state government advisory committee to study the problems of the American River Bottoms Area drainage problems. And I ask for the passage of this Motion... adoption."

"The Lady has moved to bypass Committee and place this Bill on the Order of the Speaker's Table for immediate consideration. And on that question, the Gentleman from St. Clair, Representative Stephens."

"Well, thank you, Madam Speaker and Ladies and Gentlemen of the House. I just simply to rise in support of the Lady's Motion. Of the Lady's Motion. Excuse me."

"The question is, "Shall the House bypass Committee and place House Resolution 623 on the Speaker's Table for immediate consideration?" All those in favor vote "aye', all those opposed vote "no". Voting is open. 71 votes are required for this Motion. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 109 voting 'aye', none voting 'no', and none voting 'present', and the... Representative Hallock votes 'aye'. Representative Peterson votes 'aye'. Peterson. Bill Peterson. There are 111 voting 'aye', none voting 'no', and none voting 'present', and the Motion carries. Representative... Wyvetter Younge is recognized to present the Resolution. Does it need to be read again, Mr. Clerk? Proceed, Representative Younge. Representative Younge." 63  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987

"Yes. Thank you, Madam Speaker. I move for the passage of House Resolution 623."

"Can you briefly tell US again what the Resolution does?"

"Yes. The Resolution would establish and create the state and local government advisory committee on the drainage problems of the American Bottoms Area."

Speaker Breslin: "The question is, 'Shall House Resolution 623 pass? All those in favor say 'aye', all those opposed say "no". In the opinion of the Chair, the 'ayes have it, and the Resolution is adopted. Representative Kulas is recognized on House Joint Resolution 109 to present a Motion. Read the Motion, Mr. Clerk."

"I move to bypass Committee and place ол the Speaker's Table for immediate consideration House Joint Resolution 109."

"Representative Kulas." House. I

"Thank you, Madam Speaker, Ladies and Gentlemen of the would move to bypass Committee on this Resolution. This is one of the problems that we've discussed in the last few days dealing with the disposal of solid waste."

Speaker Breslin: "The Gentleman has moved to bypass Committee on House Joint Resolution 109 and place this Resolution on the Order of the Speaker's Table for immediate consideration. And on that question, the Gentleman from Will, Representative Wennlund."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. This Resolution calls for the creation of another Committee to accomplish virtually the same thing that the Solid Waste Management Act that this General Assembly passed in the last Session of the Legislature. What the Department of Energy and Natural Resources does under the 64  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 Solid Waste Management Act is exactly the same thing. It provides for solid waste planning, recycling, resource recovery programs. It provides recycling grants, technical assistance, technology demonstration funding and is an information clearing house. It is working on a long range solid waste management plan for Illinois. What needs to be done is the Department of Energy and Natural Resources working on a professional solution to the problem of solid waste landfill in Illinois, not a political solution. This Committee..."

"Excuse me. Representative Kulas, for what Kulas: reason do you rise?" "A point of order, Madam Speaker. The Gentleman's addressing the Resolution, not the Motion. We're on the Motion now."

"Representative Wennlund, confine your remarks to why the House should act to bypass Committee on this Resolution... should or should not bypass Committee."

"Thank you, Madam Speaker. This matter should not bypass Committee. It should be considered by a full House Committee to sit down and work out the details of the solid waste management plan. I urge your 'no' vote on this issue. This issue is far too important to be bypassing Committee structures on. It should be a well thought out plan, and it should work in conjunction with the Solid Waste Management Act. I urge a 'no' vote."

"The Lady from Kane, Representative Doederlein."

"Thank you, Madam Chairman... Madam Speaker, Ladies and Gentlemen of the House. This, again, takes away some of the local government authority. Our county is already doing this and I'd like to keep it at the county level."

"The Gentleman from DuPage, Representative McCracken." 65  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

"Thank June 30, 1987 you, Madam Speaker. I rise in opposition to the Motion. You know, it's not uncommon to let Resolutions go through, but that's when they're not controversial or where they're studying something of some, I don't know, unimportant nature. This is not such a Resolution. I think this is more appropriate than most for a Committee given the tremendous potential impact that these decisions can have and to consider in the waning hours of our Session a Resolution of such magnitude without going to Committee, frankly, without having done any study on it at all, I think would be irresponsible of us to do. I understand people want to support their friend and colleague, but I think in this case, we don't want to do that. I think we would be doing ourselves and the state a disservice. Let's defeat the Motion and make sure it's studied by a Committee."

"The Gentleman from Will, Representative Petka."

"Thank you, Madam Speaker, Members of the House. Well, it just seems like this Resolution is very similar to Jason from Halloween and Friday the 13th. No matter how many different times we try to kill this so called landfill, it simply continues to resurrect itself. Someone has their eyes, in my opinion, on beautiful Will County and is attempting to put, and let's call it the way it is, a garbage dump again in Will County. This Resolution ought to be beat. The idea ought to be beat. We don't want any more landfills, sanitary landfills, a.k.a. garbage dumps in Will County."

"The Gentleman from Morgan, Representative Ryder. Representative Ryder."

"Thank you, Madam Speaker. As Cosponsor of this Resolution, I rise in obvious support of it. For the very reasons that have been given that we should be opposed to 66  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 it, I think are the reasons that we should support this Resolution. This is not a problem that will go away. This is obviously a problem of great emotional import as well as one of great importance, but it is one that needs some careful deliberate study. That's what we'd like to do. Away from the pressures, away from the tedium, away from the obvious political aspects of this Assembly. It needs study. Let's study it. Let's come up with some good plans. with some well thought out recommendations, bring those to a Committee and let the Committee take a look at it, and then put them into action. But let's not turn our head to this problem that needs the kind of work that we're asking for to take place."

"The Gentleman from McHenry, Representative Klemm."

"Thank you, Madam Speaker. I stand in opposition to House Joint Resolution 109. The reason was one of the 'whereases' is of concern to me about a comprehensive long plan... long range plan is needed for the development of such disposal. I know in most of the counties that I am aware of, in the collar counties and downstate, we are having long range plans being developed. They're plans that obviously meet the needs of the communities. They're plans that I think are broad enough to accept the problems of adjoining areas, but there is not a plan that will be dictated and mandated by a state agency who are made up by a number of those in the industry who certainly would like to bring their problems to your areas without much of your local input, and those of us who were down in the House, the General Assembly, when we passed Senate Bill 172, certainly knows the long struggle we had in order to give some local input. I think if we pass this, we start losing local input. We start having a state agency starting to 67  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 tell us or a commission telling us what's good and best for us. So, I think we should reject this, allow the local process to take its course and come up with its own local plan."

"The Gentleman from Fulton, Representative Homer."

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

"He will."

"Representative Kulas, I noticed this Bill... this Resolution seems to be new language. You didn't have this Resolution introduced previously, did you?"

"No, I did not."

"Who is... S... supporting the Resolution? What organized groups are supporting this Resolution?"

"I think... I didn't talk to any groups. I introduced this Resolution because I thought it was a problem that had to be addressed. Since we're not willing to face it here on the House floor, I thought it was a problem that should be studied during the off season when we're not here by forming a committee to study the problem, to look at these problems and to come back to us with some recommendations."

"Alright. Is the Illinois Municipal League in support of your Resolution?"

"The Illinois Municipal League would have a representative on this committee. The county board would have a representative on this committee."

"Well, no, no, no, no, no. The question is, is the Illinois Municipal League in support of the Resolution?"

"I have not talked to them. I don't know."

"Is Urban County's Council in support of the Resolution?"

"I don't know. I have not talked to them."

"Well, Madam Speaker, to the Bill. And I would hope that all Members will listen and pay attention to what the 68  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Resolution would purport to do, because we had a debate on this identical issue just a couple of days ago, Senate Bill 1013. And the issue is very clear and it's very simple. Under Senate Bill 172, adopted by the General Assembly eight or nine years ago, the General Assembly decided quite appropriately that these issues about where to site landfills ought to involve some local input. It recognized that we need to have the EPA involved, but we also ought to give the local units of government where the landfill is to be located some input into the siting decisions. That's current law. The Gentleman... the Sponsor of the Resolution had a Senate Bill, 1013, which would have changed that and diluted substantially local input into those matters. This General Assembly quite properly... this House quite properly voted against Senate Bill 1013 and made a statement that we want local units of government to have some control and say about where landfills are located. So, now here we are on the 30th day of June and for the first time looking at a Resolution which makes findings, which says that the municipalities in the State of Illinois are experiencing a major crisis in solid waste disposal. It says that solid waste is a major concern. Well, if that is so, and if the municipalities are facing a major crisis, then don't you think that the Illinois Municipal League, who is the official representative of those municipalities, would have at least favored this Resolution? And the answer that the Sponsor said is, he hasn't heard from them. Of course, he hasn't. They're not even aware of it and neither is anyone else. That's the reason we have a Committee process. That's the reason we have public hearings and that's the reason that inevitably legislation that is presented to this General Assembly on the 30th day of June ought to be, ought to be resoundingly 69  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 opposed when it involves such a substantial matter of public policy as this does. Make no doubt about the flowering language of this Resolution. It's designed for one purpose and one purpose only, to dilute local input into the issue of landfill siting. If you're for that, if you want to strip the locals of their authority, then support this very special interest legislation, but if you think that locals ought to have some say about where landfills are placed, then put your red vote up there and send a message to the very special interest that backs this Resolution. Thank you."

"The Gentleman from Will, Representative Regan."

"Thank you, Madam Speaker, Members of the House. Will County thanks you for its move on Senate Bill 1013. 90 red votes against the issue taking local control away. Will County has seen truck loads of Chicago garbage come out every since Chicago ran out of room for their own garbage. Will County is a beautiful place. It's not a garbage dump. This says it's a study. Studies are often passed through and considered nonimportant. This is not a study, Ladies and Gentlemen. I smell Chicago garbage being spread throughout the State of Illinois and I oppose it."

"Representative Kulas, to... Excuse me. The Gentleman from DuPage, Representative Barger."

"Thank you, Madam Speaker. And to this Resolution. The Northwest... the Northeast Illinois Municipal... no. No, wait a minute. Northeast Illinois Plan Commission has been studying garbage disposal among the other things that are... that they have been studying for over 20 years. There are plans. There are studies. All of them are based on previous plans and previous studies. And in order to ensure the continuity, I would suggest that we allow things to continue in the fashion which they have been operating 70  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 in quite efficiently for over 20 years. Back approximately 12 years ago, we discussed the possibility of putting an incinerating plant in Aurora where Aurora would buy garbage from all the neighboring communities and they would generate electricity and they would sell it to Commonwealth Edison, a project very similar to something that we have heard discussed here during this Session. The background on all of these things do exist, and I think that we would be much better off using the Northeast Illinois Plan Commission which is a agency of the federal government, the state government and the local municipalities and counties and who has a considerable background and study in this. And in this particular case, I would suggest that we vote against this Resolution, and I would ask for a Roll Call. Thank you."

"Representative Kulas, to close."

"Thank you. Madam Speaker, Ladies and Gentlemen of the House. I have never heard so much garbage on a House Joint Resolution as I've heard now. There is nothing in this Resolution that takes away from local government. There is nothing in this Resolution that deals with Senate Bill 1013. All this Resolution says is we've got a problem. Let's look at this problem. Who's going to look at it, the municipalities, the county boards, the people from the environmental advocacy groups, the people... the waste haulers themselves. Let's get them all together. Let them sit down together. Let them work out the problems and then come back to us and report to us on January so we can look at these problems and face these problems so we don't have garbage barges floating down the Mississippi River. I ask for an 'aye" vote."

"The question is, Shall the House bypass Committee and place House Joint Resolution 109 on the 71  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Speaker's Table for immediate consideration?" All those in favor vote 'aye', all those opposed vote 'no". Voting is open. 71 votes are required for the passage of this Motion. Have all voted who wish? The Gentleman from Will, Representative Wennlund, one minute to... You have already spoken in debate, Sir. For what reason do you rise? Excuse me. Have all voted who wish? Have all voted who wish? 71 votes are required for the adoption of this Motion. Have all voted who wish? The Clerk will take the record. On this question there are 51 voting 'aye", 61 voting 'no', and 2 voting 'present', and the Motion fails. On the Order of Motions... The Gentleman from Will, Representative Regan, for what reason do you rise?"

"Madam Speaker, I move to take House Bill 1532 from the table and commit it to Interim Study in the Committee Personnel and Pensions Committee."

"Excuse me, we are not on that Order, Representative Regan, but if you would like to come up to the podium, we will be happy to discuss that with you. The Motion that was next on the Order was House Bill 38. Representative Huff. Make your Motion, Sir."

"Madam Speaker, Ladies and Gentlemen of the House, I move to take House Bill 38 from the table and place it in the Committee on Judiciary I, Interim Study Calendar."

"Representative Huff moves to take House Bill 38 from the table in the Committee on Judiciary I and place it on the Interim Study Calendar in that Committee. Is there any discussion? Hearing none, the question is, "Shall the House take House Bill 38 from the table and place it in the Committee on Judiciary I, Interim Study Calendar. All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and with unanimous leave, this Bill, House Bill 38, is taken from 72  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 the table and put on Interim Study. Representative Regan. To present you Motion, Sir."

"Madam Speaker, I move to take House Bill 1532 from the table and commit it to Interim Study, the Committee of Personnel and Pensions Committee."

"The Bill is House Bill 1532. The Gentleman's Motion is to take it from the table and put it on the Order of Interim Study. Does he have leave? Hearing no objection, the Gentleman has leave by use of the Attendance Roll Call. Going to page five on your Calendar, on the Order of Speaker's Table, Representative Giglio's Resolution, House Resolution 354. Read the Resolution, Mr. Clerk."

"House Resolution 354, renames Interstate 80 in Illinois to the Christopher Columbus Highway."

"Representative Giglio."

"Thank you, Mr. Speaker... Madam Speaker, Ladies and Gentlemen of the House. In commemoration of 500 years of discovery of the Americas. I'd like to present this Resolution and we're going to name the route 80 that runs through Illinois, like they're doing in other states from New York to California, the Christopher Columbus Highway. I'd appreciate your support."

"The Gentleman has moved for the adoption of House Resolution 354. And on that question, the Gentleman from DuPage, Representative McCracken."

"I think we should name it the Marconi Freeway because he invented the radio, and he's of Italian descent, someone we can all be proud of. Actually, what does this Resolution do? Is this binding, or does it urge somebody to do something?"

"Representative... Representative Giglio."

"No, what it does is... it's truthfully against federal 73  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 law, you cannot put anything on the highway itself in commemoration of Christopher Columbus, but they can put markers on the entrances, exists and also on the stopovers and the rest areas."

"It sounds like a good idea to me."

"There are several people seeking recognition. The Lady from DuPage, Representative Cowlishaw."

"This... Will the Sponsor yield for a question, please?"

"He will."

"This roadway that you would like to have given a specific name lies entirely within the State of Illinois, is that correct?"

"Well, it goes from New York to California, but it goes right through the heart of Illinois, yes."

"Alright. But the only area of that that this Bill applies to, or Resolution, is the part in Illinois. That's right?"

"Yes, that's correct."

"Okay. Pardon me, but, did Christopher Columbus ever live in Illinois?"

"I don't believe so."

"Well, I didn't think he did either. I wonder if we have no heroes in the history of the State of Illinois that we might more appropriately use to... as a sort of commemorative thing on this... on this highway."

"Well, since it's a federal highway and it runs from New York to California, so it runs from the one end of the country to the other, I think it only fitting and proper, especially coming up in 1992 the 500 year commemoration of the discovery of America."

"I see. And then, finally, just one other very short question, I mean, I realize that this Resolution indicates 74  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day something I have General that June 30, 1987 long believed and is that this Assembly only deals with things that are truly important. How much is it going to cost to make these signs and put them up there and who is going to pay for that?"

"Well, the Italian American Council of Chicago will donate the signs. So, it won't cost Illinois a penny."

"Marvelous. In that event, I think we ought to put every single vote up there for this very important significant piece of legislation."

"The Gentleman from Will, Representative Wennlund."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. On behalf of the Scandinavian Coalition of the House, this is just one more personal affront to Lief Ericsson and it should be defeated."

"The Gentleman from Will, Representative Regan."

"Thank you, Madam Speaker, Members of the House. As a person that occasionally got lost on route 80, I think it's a good idea, because Christopher Columbus didn't know where he was going either."

"Representative Giglio, to close."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I think it's... it's fitting and proper. You know, we name streets like Martin Luther King Drive, the Kennedy Expressway, I think it's only fitting that we name something after Christopher Columbus in the State of Illinois, and I move for the adoption."

"The question is, 'Shall the House adopt House Resolution 354?' All those in favor say 'aye', all those opposed say 'no'. All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Representative Cowlishaw. Have all voted who wish? 75  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 The Clerk will take the record. On this question there are 89 voting 'aye', 17 voting 'no', and 10 voting 'present', and the House does adopt House Resolution 354. Many believe that it is appropriate now to go to House Resolution 27 so that we can honor a great Illinoisan. Representative Stange. Representative Stange, what is your pleasure?"

"Thank you, Ms... I have to check my associate, Mr. Cullerton. I don't see him on the floor. As soon as I talk to Representative Cullerton, I'll get back to you."

"Very good. Representative Cullerton is back. He's ready to go, Representative Stange. Oh, we're ready to do it right now. We'll wait. Representative Cullerton, for what reason do you rise?"

"Yes. I... procedurally, I wanted to indicate on the record that I had... the Resolution calls for naming the DuPage County Tollway after Pate Philip. I'm in favor of that. I had offered an Amendment to name the tollways after Representative Lee Daniels. I'm indicating now that I would be willing to withdraw that Amendment, and so it would be okay for Representative Stange to call his Motion. And I'd like to get back in the good graces of Mr. Philip, so I would appreciate it if he would call it now."

"Representative Stange, what is your pleasure? You can just motion if you wish the... if you wish it to be called, Sir. Representative Leverenz, for what reason do you rise?"

"I have an inquiry of the Chair."

"State your inquiry."

"Now?"

"Not now."

"It don't look like it."

"Representative Stange." 76  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987

"Madam Speaker, we're not... it's not time yet."

"Very good. Out of the record. Messages from the Senate."

"A Message from the Senate by Ms. Hawker, Secretary. •Mr. Speaker, I am directed to inform the House of Representatives that the Senate has refused to concur with the House in the adoption of their Amendments to the following Bills, to wit: Senate Bills 117, 310, 886, action taken by the Senate June 30th, 1987. Linda Hawker, Secretary.""

"The next Order of Business is Constitutional Amendments Third Reading. They appear on page two on your Calendar. House Joint Resolution Constitutional Amendment #13, Representative Greiman. It has been read a third time. Proceed."

"Thank you. Thank you. Speaker. HJRCA 13 is one of the tools to seek to cut down the situation which is current in some parts of this state which allow people to own property, not pay their real estate taxes for long periods of time because people will not buy at sales because of the long time between the purchase of the certificate and the final deeding. It seeks to limit and change the current two years tax sale redemption on certain kinds of property to one year and reduce the scavenger sale from five to two years. It is very carefully drafted to provide the concern that we all have that a homeowner is not found to have a shortened period of redemption. This applies only, only, this shortened period applies only to non-farm, vacant non-farm real estate, property improved with six or more residential units or commercial or industrial property. The theory is that if you own commercial property or industrial property or if you have a large apartment building, you ought to be paying your taxes and you ought 77  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 to be not getting services without paying for them. The Bill, we hope, will be... or the Amendment is part of a whole strategy. Part of the strategy will be coming on a Conference Committee Report later on that will provide for a strategy against a property which is taken, used, abused, and then, without paying their fair share, we have owners sort of thumbing their nose at us, at our society and at keeping real estate. And the problem is that the longer the property goes that owner knows he's going to lose the property and he puts nothing into it. It's a good urban renewal tool and I ask your consideration for it."

"The Gentleman has moved for the passage of House Joint Resolution Constitutional Amendment #13. And on that question, the Gentleman from DuPage, Representative McCracken."

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

"He wil1."

"Okay. This would reduce the time for redemption in what type of properties?"

"In property which is industrial, property which is commercial, residential units with six residential units or more and vacant non-farm real estate."

"Okay. And the purpose is to get it back on the tax rolls or get somebody to buy it?"

"That's correct.”

"The scavenger sale will be reduced to a period covering two years of taxes?"

"It can be. Yes."

"And under what circumstances can it be?"

"Well, as we have it now, that's left up to the county treasurer to decide the frequency of sales. The... sometimes, for example, in Cook County, because of lawsuits, as you know, we've not had a scavenger sale for 78  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 about four years. There is a... the county treasurer of each county would have to get the scavenger sale together, but you could do it with two years delinquency. That's the real issue. It isn't really the frequency of the sale, it's the..."

"But it's two years they have to make up is all?"

"Yes, it would be two years. Yes."

"And the procedures for the issuance of a tax deed are unchanged."

"Unchanged."

"And all the other safeguards for ensuring the property owner's notice and ability to redeem?"

"They are unchanged."

"Thank you."

"Representative Braun in the Chair. Is there further discussion? The Gentleman from Madison, Representative Wolf."

"Thank you, Madam Speaker. Would the Sponsor yield to a question?"

"He indicates he will."

"Representative Greiman, do I understand your Resolution to state that the period would reduce the period of redemption?"

"Yes."

"What is the average period of redemption right now for the classes of property that your Bill would address?"

"Well, right now, there is a constitutional provision on the annual tax sales of two years. Even though it's an industrial piece of real estate, it's two years. The other ones, I think, becomes not less than six months on the scavenger Act. I think we have a provision that allows 90 days under our present constitution and this General Assembly determined that that was too quick, that we 79  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day would... and June 30, 1987 so that our own statutes that we have passed after the last Constitutional Amendment varied from the constitution's minimum. In other words, we could prescribe in the General Assembly longer periods of redemption. He could... that would be within our power, but we couldn't shorten those periods of redemption, and that's why those figures are there."

"Well, I think what we've done in previous Sessions of this General of Assembly is shorten that period of redemption. And for the main purpose of placing the State of Illinois in a much more competitive position insofar as enticing or encouraging monies from out of the state into the State of Illinois, isn't that correct?"

"Yes. It's both enticement there, and the other reason, of course, for this kind of Bill is that when you... if you think about how we collect taxes, you'll have 1986 taxes are collected in '87, the tax sale, annual tax sale, is in maybe '88, then there is two years on that is '89, '90, and then, you can extend it for another six months. So, you're in 1991 collecting the tax on a tax deed for '80-86 taxes. Think of where that property has gone and how it's gone down. How it's deteriorated. How nobody gave a damn about it for those six years. And so, this is to try and save property that's in that situation."

"Thank you very much."

"Is there further discussion? There being none, the Gentleman from Cook to close."

"Just a favorable Roll Call."

"The Gentleman has moved the passage of the adoption of House Joint Resolution Constitutional Amendment #13. All in favor vote 'aye', opposed vote 'no'. The voting is open. The voting is open. This is final action. Have all voted? Representative Matijevich, for what reason 80  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 do you rise?"

"You got me too late. I was going to ask him if this was his last Constitutional Amendment Resolution. Everybody was supposed to vote "no", but you weren't looking at the lights."

"Timing is everything, Representative. Have all voted? Have all voted who wish? The Clerk will take the record. On this question there are 110 voting 'aye', 1 voting 'no', and HJRCA 13 is hereby adopted. Representative McCracken, for what reason do you rise?"

"I was just talking with the Assistant Clerk wondering where the Conference Committee Reports was, and I thought maybe it was a Democratic plot to slow us down. Then I spoke to Representative Homer and he thought it was a Republican plot to slow us down. But I think both of us are wondering, where are the Conference Committee Reports? It's a plot. That's it. It's a plot."

"Thank you, Representative. Representative Peterson."

"Thank you, Madam Speaker. A question of the Chair. Is it true all the Conference Committee Reports will be presented to us on an Agreed Bill list?"

"Thank you, Representative."

"One vote?"

"Representative McCracken, we have a printing logjam and the Conference Committee Reports are in the mix. We're working on it. Thank you. On page six of the Calendar appears Senate Joint Resolution 34. Representative Mulcahey. Gentleman from Winnebago."

"Thank you, Madam Speaker. Thank you, Madam Speaker. Senate Joint Resolution 34 simply extends, if you can believe this, till tomorrow, July 1st, the reporting date for the Select Committee on School Sports. This was 81  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 something that was supposed to have been done a couple of months ago. So, it extends the reporting deadline until tomorrow, so it's just going through the motions. That's all."

"The Gentleman has moved the adoption of Senate Joint Resolution 34. And on that, is there any discussion? There being none, the question is... The Gentleman has moved the adoption of Senate Joint Resolution 34. And on the question, there being no discussion, the question is, Shall Senate Joint Resolution 34 be adopted?" All in favor say 'aye', opposed say 'no'. In the opinion of the Chair, the 'ayes have it. The Resolution is adopted. The Chair recognizes the Gentleman from Cook, Representative Giglio."

"Madam Speaker, on page six of the Calendar under Motions appears House Bill 1339. I move to take that from the table and place it in the Committee of Pensions and Personnel on the Interim Study Calendar. I talked to Representative McCracken on the other side of the aisle and also the Chairman of the Committee. I would ask that it be placed... the Bill be placed in Interim Study Calendar."

"Representative Giglio, what is the number of the Bill?"

"1339. House Bill 1339."

"The Gentleman has moved for leave to take House Bill 1339 from the table and have it returned to the Committee on Personnel and Pensions Interim Study Calendar. All in favor say 'aye', opposed say 'no'. In the opinion of the Chair, the 'ayes have it. The Bill will be placed in the Interim Study Committee of the Personnel and Pensions Committee. Ladies and Gentlemen, we are not prepared to adjourn or to recess; however, we will move to the Order of Agreed Resolutions momentarily while we await 82  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 the Conference Committee Reports printing."

"House Resolution 663, offered by Representatives Hallock and Giorgi. House Resolution 695, by DeJaegher; 696, DeJaegher; 697, DeJaegher; 698, DeJaegher; 699, Hasara: 700, Ewing: 701, Breslin: 702, Parke Wojcik and Kirkland, 704, Ewing: 706, Terzich et al."

"The Chair recognizes the Gentleman from Lake, Representative Matijevich."

"Madam Speaker and Ladies and Gentlemen of the House, we have examined the Agreed Resolutions. They have been all agreed to, and I move the adoption of the Agreed Resolutions."

"The Gentleman moves the adoption of the Agreed Resolutions. And on that, is there any discussion? The question is, 'Shall the Agreed Resolutions be adopted?' All in favor say 'aye", opposed say 'no". In the opinion of the Chair, the 'ayes' have it. The Resolutions are adopted. General Resolutions."

"House Resolution 703, offered by Representative Currie. And House Resolution 705, offered by Representative Pullen et al."

"Committee on Assignment. The Chair recognizes... The Gentleman from Grundy, Representative Christensen, on House Resolution 158."

"Thank you, Madam Speaker. House Resolution 158 would direct the Department of Veteran Affairs to conduct a feasibility study for having a state, federal satellite outpatient clinic at the new Manteno Veterans' Home."

"The Gentleman moves the adoption of House Resolution 158. And on that, is there any discussion? There being none, the question is, "Shall House Resolution 158 be adopted?' All in favor say 'aye", opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The 83  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 Resolution is adopted. Senate Joint Resolution 10, Representative Christensen."

"Thank you, Madam Speaker, Members of the House. Senate Joint Resolution 10 resolves that it's the sense of the General Assembly that Chem-Nuclear should halt the construction and operation of its Channahon facility until all legal questions have been resolved and a request that the U.S. Nuclear Regulatory Commission and the Illinois Department of Nuclear Safety to delay granting final operating license for the facility."

"The Gentleman from Grundy has moved the adoption of Senate Joint Resolution 10. And on that, is there any discussion? There being none, the question is, Shall Senate Joint Resolution 10 be adopted?" All in favor say 'aye', opposed say 'no'. In the opinion of Chair, the 'ayes have it. The Resolution is adopted. On page five of the Calendar appears House Resolution 465. Representative Cullerton."

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. House Resolution 465 calls upon the House Select Committee on Aeronautics to create a Subcommittee on the Aviation Transportation Safety. And the purpose of this Subcommittee would be to investigate instances which pose a present and future danger to public safety. It consists of ten Members. They would gather facts regarding the policy differences between the federal aviation administration and the National Transportation Safety Board. exchange information with other... with those agencies in other states. Also compile information dealing with personnel problems, Illinois air network needs and the need for the creation of permanent state oversight role on air safety and shall submit a preliminary report on immediate steps which should be taken to improve the safety 84  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 of operations at O'Hare, Midway and Meigs Airport to the Governor by October 1st, 1987, and that we should submit a report to... a final report by December 1st, 1987. Be happy to answer any questions."

"The Gentleman has moved the adoption of House Resolution 465. And on that, is there any discussion? There being none, the question is, 'Shall House Resolution 465 be adopted?' All in favor say 'aye', opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Resolution is adopted. Introduction and First Reading Constitutional Amendments."

"House Joint Resolution Constitutional Amendment #20, offered by Representatives John Dunn... House Joint Resolution Constitutional Amendment #20, offered by Representatives John Dunn and Kent Slater. Resolved, by the House of Representatives of the 85th General Assembly of the State of Illinois, the Senate concurring herein, that there shall be submitted to the electors of the state for adoption or rejection at the general election next occurring at least six months after the adoption of this Resolution, a Proposition to repeal Sections 8 and 12 of and to amends Sections 7, 10, 11, 13, 14, 15 and 16, of and to add Sections 11.1, 11.2 and 12.2 to Article VI of the Constitution the amended and the added Sections to read as follows: Section 7. Judicial Circuits. The state shall be divided into Judicial Circuits consisting of one or more counties. The First Judicial District shall constitute a Judicial Circuit. The Judicial Circuit within the other Judicial Districts shall be as follows... provided by law. Circuits composed of more than one county shall be compact in contiguous counties. The General Assembly by law may provide for the division of the Circuit for the purpose of selection of Circuit Judges and for the selection of 85  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Circuit Judges from the Circuit at large. Each Judicial Circuit shall have one Circuit Court with such number of Circuit Judges as provided by law. Unless otherwise provided by law, there shall be at least one Circuit Judge from each county. Circuit Judges in each Circuit shall select by secret ballot a Chief Judge from their number to serve at their pleasure. Subject to the Authority of the Supreme Court, the Chief Judge shall have general administrative authority over his court, including authority to provide for divisions, general or specialized or for appropriate time and places for holding court. Section 10. Terms of Office. The initial term of each Judge appointed to office under Section 11.1 shall be until the first Monday in December following the third general election after his or her appointment. Thereafter, if retained in office pursuant to the provisions of Section 12.2 the term of office for all Judges shall be 10 years. Section 11. Eligibility for Office. No person shall be eligible to be a Judge unless he or she is a United States citizen, a licensed attorney-at-law of this state and a resident of the unit which selects him or her. No change in the boundaries of a unit shall affect the tenure of office of a Judge incumbent at the time of such change. Section 11.1. Selection of Judges. Supreme, Appellate and Circuit Judges shall be appointed by the Governor from nominees submitted by Judicial Nominating Commissions, except when appointed by the Supreme Court in accordance with Subsection (e) of this Section. The office of Judge shall be vacant upon his or her death, resignation, retirement, removal or upon conclusion of a term without retention in office, or whenever an increase in the number of Judges is authorized. As soon as a vacancy occurs in the office of Judge or will occur within six months by the 86  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 day certain, the Administrative Director of the Illinois Courts shall promptly notify the Chairman of the appropriate Judicial Nominating Commission, who shall immediately convene the Commission. Within 42 days after the receipt of such notice of a vacancy, the Commission shall submit to the Governor a list of 3 nominees in alphabetical order, who are recommended for appointment by the Governor. For the purposes of this Section, "recommended for appointment" means persons who by their character, background, temperament, professional aptitude, experience and commitment to justice are deemed by the Commission to be best qualified to fill the vacancy. The selection of Judges for appointment by the Governor of this State shall be from among those persons best qualified to hold judicial office in this state. All such qualified persons shall have the right to be considered for selection by the Judicial Nominating Commission free from discrimination on the basis of race, color, creed, national ancestry or sex. The Commission may not include on a list a nominee who is on another list when pending before the Governor or the Supreme Court pursuant to Subsection (e) of this Section to fill a vacancy in the same judicial office. The function of a list shall terminate upon the making of the required appointment therefrom. Immediately upon receipt of a list, the Governor shall make it public. Not fewer than 28 nor more than 56 days after the receipt of the list, the Governor shall appoint therefrom a person to fill the vacancy. If no appointment is made by the Governor within 56 days, the Commission shall immediately submit the list to the Supreme Court, which shall make the appointment from the list within 28 days from its receipt. A person appointed to fill a vacancy pursuant to this Section shall serve an initial term equal to the term 87  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 specified in Section 10. The office of Associate Judge is abolished and all Associate Judges in the office as of the effective date of this Amendment shall assume the office of Circuit Court Judge. Retention procedures for such Judges shall be pursuant to the provisions of Section 12.1. The term of all such Judges, except for those in the Cook County Circuit, shall conclude on the first Monday in December following the next general election. The term of such Judges in the Cook County Circuit shall conclude pursuant to the following provisions: The Administrative Director of the Illinois Supreme Courts shall forthwith divide each (sic-such) Judges into 3 groups, by lot, equal in number as near as may be, with terms to expire as follows: Group 1 on the first Monday in December after the next general election following adoption of this Amendment. Group 2, the first Monday in December after the second general election following adoption of this Amendment. Group 3, the first Monday in December after the third general election following adoption of this Amendment. Section 11.2. Judicial Nominating Commissions. There shall be a Judicial Nominating Commission in each Judicial District for the nomination of Judges for the Supreme and Appellate Courts for that District and a separate Judicial Nominating Commission for the nominating of Circuit Judges for each district (sic-Circuit). Each Judicial Nominating Commission shall consist of 11 members, 6 non-lawyers and 5 lawyers, all of whom are residents of the appropriate District or Circuit. Three of the non-lawyer members of each Judicial Nominating Commission shall be appointed by the Attorney General and 3 by the State official or officer first in order indicated who was elected to office and not affiliated with the same political party as the Attorney General: the Secretary of State, the Comptroller, the 88  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Treasurer, the President of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives. The lawyer member of each Judicial Nominating Commission shall be selected by secret ballot, without political party or other designation, by those lawyers who are admitted to practice and reside in Illinois and whose principal office is in the appropriate District or Circuit, as in manner (sic-in such manner) as provided by Supreme Court Rule. Upon appointment of the initial non-lawyer members of each Judicial Nominating Commission, the Attorney General shall divide the appointees by lot into 3 groups equal in number as near may be with one of his appointees in each group, and shall by lot designate the group to serve initial terms of 2, 4 and 6 years respectively. The initial lawyer members of each Judicial Nominating Commission shall also be divided by lot into 3 groups equal in number as near may be, and the groups shall be... shall by lot be designated to serve initial terms of 2, 4 and 6 years respectively, all in such manner as provided by the Supreme Court rule. Thereafter the terms of all Commission members shall be 6 years. A vacancy in the non-lawyer membership of a Judicial Nominating Commission shall be filled for the unexpired term or for a full term, as the case may be, by the Attorney General if qualified by being affiliated with the same political party as the official who had appointed the person whose vacancy is to be filled, otherwise by the elected State official who is so qualified and first in the order indicating the (sic-indicated inl Subsection (c) of this Section. The vacancy at the end of the term of the lawyer member of the Judicial Nominating Commission shall be filled by election as set forth in Subsection (d) of this Section. A vacancy in the unexpired term of the lawyer member of the Judicial 89  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 Nominating Commission shall be filled by the first eligible lawyer who received the next highest vote total in the election preceding the time that the vacancy occurred. That lawyer shall serve for the remainder of the unexpired term. In the event that no lawyer is eligible to fill the vacancy, the Supreme Court shall appoint the lawyer member for that vacancy. The Chairman of each Judicial Nominating Commission shall be selected by vote of all members of the Commission and the term of the Chairman shall be 3 years unless his or her remainder (sic-remaining) term as a member of the Commission expires sooner. A person who holds any office under the United States or this state or any political subdivision or municipal corporation or municipality or unit of local government of this state and receives compensation for services rendered in such office, or who holds any office or official position in a political party, shall be ineligible to serve on a Judicial Nominating Commission. Compensation for services in the State militia or the armed services of the United States for such period of time as may be determined by Supreme Court rule shall not be considered disqualification. No member of the Judicial Nominating Commission may be appointed to judicial office while serving on the Commission or for a period of 3 years thereafter. A member having served a full term of 6 years on a Judicial Nominating Commission may not serve on a Commission during the next 3 years. No person may serve on more than one Judicial Nominating Commission at the same time. The Commissions may conduct such investigations, meetings and hearings, all of which may be secret, and employ such staff members as may be necessary to perform their duties. Members of the Commissions shall not receive any compensation for their services but shall be entitled to 90  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 reimbursement for necessary expenses. The General Assembly shall appropriate funds to the Supreme Court for such reimbursement or for all administrative expenses of the Commission. The Nominations shall be submitted to the Governor only upon concurrence of not less than Three/Fifths of all members of the Commission. All lawyer and non-lawyer members of each Judicial Nominating Commission shall be subject to ethics and economic disclosure requirements as provided by law. The lawyer members shall be subject to campaign financing disclosure requirements as provided by law. Section 12.1. Judicial Retention Procedures. In each Judicial District a Judicial Review Commission shall be created and empowered to determine the qualifications for retention of Supreme or Appellate Judges and in each Judicial Circuit at least one Judicial Review Commission shall be created and empowered to determine the qualifications for retention of Circuit Judges. A separate qualified (sic-Judicial) Review Commission shall be empanelled for every 40 Judges who have filled (sic-filed) a declaration of candidacy for retention under Subsection (g). Administrative Director of the Illinois Courts shall provide (sic-divide) the candidates by lot into equal groups and shall by lot designate the groups for amendment (sic-assignment) to each Judicial Review Commission. The members of the Judicial Review Commission shall be appointed or elected as provided by Subsections (c) and (d) of Section 11.2 with respect to members of the Judicial Nominating Commission. The terms of all members of the Judicial Review Commission shall begin 6 months before the general election in each year in which a general election is held, and shall expire on the first Monday in November of the same year. Appointments and elections to the Judicial Review Commission may not be 91  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 placed (sic-take place) earlier than 45 days before the term is to commence. A vacancy in the membership of a Judicial Review Commission shall be promptly filled as provided in Subsection (f) of Section 11.2 with respect to vacancies on a Judicial Nominating Commission. The Judicial Review Commissions shall be governed by the provisions of Subsections (b), (g), (h) and (j) of Section 11.2 with respect to Judicial Nominating Commissions, as well as by this Section. A person having served on a Judicial Review Commission may not serve on a Judicial Review Commission during the next 8 years. A person who has served on a Judicial Nominating Commission may not serve on a Judicial Review Commission for a period of 8 years thereafter. No person may serve on a Judicial Nominating Commission while serving on the Judicial Review Commission. Not less than 10 months before the general election next preceding the expiration of the term of office of the Supreme, Appellate or Circuit Judge, he or she may fill (sic-file in) the office of the Secretary of State a declaration of candidacy for retention of that office. Any Judge who holds office pursuant to appointment by the Supreme Court to fill a vacancy prior to the effective date of this Amendment shall not be eligible for retention in office to which he or she was appointed. Such Judge shall be ineligible... shall be eligible for the selection pursuant to (sic-Section) 11.1. The Secretary of State shall, within 14 days of receipt of such declaration of candidacy, submit the Judge's name to the Administrative Director of the Illinois Courts who shall certify the number of Judicial Review Commissions which are necessary. Not more than 6 months before the general election next preceding the expiration of term of offices of such Judge, the Administrative Director of the Illinois Courts shall 92  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 notify the Chairman of the the appropriate Judicial Review Commission of the Judge's candidacy. The Chairman shall then promptly convene the Commission. If by concurrence of not less than three-fifths of its members the Commission finds the candidacy (sic-candidate) to serve another term, the candidate shall be retained in office for a full term commencing on the first Monday in December following the election. The standard for determining qualifications to serve another term shall be made used (sic-the same) to determine whether a person shall be recommended to fill a vacancy pursuant to Subsection (d) of Section 11.1. Not unless... not less than 84 days before the election the Commission shall prepare and submit to each candidate its finding as to whether the Commission finds or fails to find that candidate qualified to serve another term. Not less than 77 days before the election the Commission shall submit to the Secretary of State a listing stating by name: which candidate it has found qualified to serve another term; which candidate (sic-it) has failed to find so qualified, which candidates have withdrawn their candidacy by written notification to the Commission. A Judge who has failed to be found qualified for retention by the Judicial Review Commission shall have the right to stand for retention by the electorate at the general election. Such Judge shall file in the office of the Secretary of State, not less than 65 days before the election, a declaration of candidacy for retention by the electorate. Not less than 63 days before the election, the Secretary of State shall certify the Judge's candidacy to the proper election officials. At the election of a (sic-the) name of each such Judge who has timely filed a declaration of candidacy for retention by the electorate shall be submitted to the electors, separately and without party designation, on the 93  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 sole question of retention in office for another term. Retention elections shall be conducted at general elections in the appropriate Judicial Districts and Circuits. The information (sic-affirmative) vote of three-fifths of the electors on the question of retention shall elect a Judge to that office for a full term commencing on the first Monday in December following the election. The Judge eligible to file a declaration of candidacy for retention who fails to do so within the time herein specified, or having filed, fails of retention, shall vacate the office on the first Monday in December following the election, whether or not a successor shall yet have qualified. If an incumbent Judge, eligible to do so, does not timely file a declaration of candidacy for retention, the selection of a successor, if any, shall proceed immediately in the manner provided in Section 11.1 so that the successor may take office as soon as a vacancy occurs. An authorized reduction in the number of Judges shall be without prejudice to the right of Judges in office at the time to seek retention in accordance with the provisions of this Section. A reduction shall become effective when a vacancy occurs in the effective unit. Section 13. Prohibited Activities. The Supreme Court shall adopt rules to (sic-of) conduct for Judges. Judges shall devote full time to judicial duties. They shall not practice law or hold a position of profit, hold office under the United States or this state or a unit of local government or school district or any in a political party. Service in the State militia or armed forces of the United States for periods of time permitted by the rules of the Supreme Court shall not disqualify a person from serving as a Judge. Section 14. Judicial Salaries and Expenses - Fee Officers Eliminated. Judges shall receive salaries provided by law which shall 94  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 not be diminished to take effect during their terms of office. All salaries and such expenses as may be provided by law shall be paid by the State, except that the Appellate and Circuit Judges shall receive such additional compensation from counties within their district or circuits as may be provided by law. There shall be no fee officers in the judicial system. Section 15. Retirement Discipline. The General Assembly may provide by law for the retirement of Judges at a prescribed age. Any retired Judge with his consent, may be assigned to (sic-by) the Supreme Court or (sic-to) judicial service for which he shall receive the applicable compensation in lieu of retirement benefits. A Judicial Inquiry Board is created. A Supreme Court shall select two Circuit Judges as members of (sic-and) the Governor shall appoint four persons who are not lawyers and three lawyers as members of the Board. No more than two of the lawyers and two of the non-lawyers appointed by the Governor shall be members of the same political party. The term of the Board members shall be four years. A vacancy on the Board shall be filled for a full term in the manner the original appointment was made. No member may serve on the Board more than eight years. The Board shall be convened permanently, with authority to conduct investigations, receive or initiate complaints concerning a Judge and file complaints with the Courts Commission. The Board shall not file a complaint unless five members believe that a reasonable basis exists to charge the Judge with willful misconduct in office, persistent failure to perform his duties, and other conduct that is prejudicial to the administration of justice and that brings the judicial office into disrepute, or (2) to charge that the Judge is physically or mentally unable to perform his duties. All proceedings of the Board shall be 95  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE confidential except for the filing of June 30, 1987 complaint with the Courts Commission. The Board shall prosecute the complaint. The Board shall adopt rules governing its procedures. It shall have subpoena power and authority to appoint and direct its staff. Members of the Board who are not Judges shall receive per diem compensation and necessary expensesi members who are Judges shall receive necessary expenses only. The General Assembly by law shall appropriate funds for the operation of the Board. The Courts Commission is created consisting of one Supreme Court Judge selected by the court, who shall be its chairman, two Appellate Court Judges selected by that court, and two Circuit Judges selected by the Supreme Court. The Commission shall be convened permanently to hear complaints filed by the Judicial Inquiry Board. The Commission shall have authority after notice and public hearing to remove from office, suspend without pay, censure or reprimand a Judge for willful misconduct in office, persistent failure to perform his duties, or other conduct that is prejudicial to the administration of justice or that brings the judicial office into disrepute, or (2) to suspend, with or without pay, or retire a Judge who is physically or mentally unable to perform his duties. The concurrence of three members of the Commission shall be necessary for the decision. The decision of the Commission shall be final. The Commission shall adopt rules governing its procedures and shall have power to issue subpoenas. The General Assembly shall provide by law for the expenses of the Commission. Section 16. Administration. General administrative and supervisory authority over all courts is vested with (sic-in) the Supreme Court and shall be exercised by the Chief Justice in accordance with its rules. The Supreme Court shall appoint an administrative 96  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 director and staff, who shall serve at its pleasure, to assist the Chief Justice in his duties. The Supreme Court may assign a Judge temporarily to any court. The Supreme Court shall provide by rule for expeditious and inexpensive appeals. If approved by the electors, this Amendment shall take effect the next day following proclamation of the results of the vote, except that, provide by time as (sic-to provide time for) thoughtful compliance, the Judicial Nominating Commissions shall be empanelled by the following April 1st and the Administrative Director of the Illinois Supreme Courts (sic-Illinois Courts) shall not certify any judicial vacancies until the following July 1st. A vacancy occurring in any judicial office may be filled, until the following July 1st, as provided in Section 12(c), Article VI, of the Constitution adopted in 1970 effective July 1, 1971, but only for a term ending upon the selection of a Judge to fill the vacancy pursuant to Section 11.1. First Reading of this Constitutional Amendment."

"Committee on Assignment. House Joint Resolution Constitutional Amendment 21. Mr. Clerk."

"House Joint Resolution Constitutional Amendment #21, offered by Representative B. Pedersen Parcells and Pullen. Resolved by the House of Representatives of the 85th General Assembly of the State of Illinois the Senate concurring herein, there shall be submitted to the electors of the state for adoption or rejection at the general election next occurring at least six months after the adoption of this Resolution, a Proposition to amend... or to add Section 11 of Article IX of the Constitution, the added Section to read as follows: Article IX. Section 11. Limitations on Total of State Taxes and Revenue-State Share Committed to Local Government-Prohibition of Mandate of 97  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Local Programs without State Funding. (a) There is hereby established a limit on the taxes imposed by the state for any fiscal year. The state shall not impose taxes of any kind, which together with all other revenues of the state, shall exceed 8.5 percent of the personal income of Illinois for the latest known fiscal year, except as provided in Subsection (b) of this Section. "Personal income of Illinois' means the total income received by persons in Illinois from all sources, as defined and officially reported by the United States Department of Commerce or its successor agency. *Revenues of the State means all public funds received by the state but does not include public funds received from the federal government or contributions to and earnings of trust funds in the custody of the State Treasurer. No expenses of State Government from the General Revenue or Common School Fund shall be incurred for any fiscal year which exceed in amount the revenue limit established by this Section. (b) For any fiscal year in the event that total revenues of the state exceed the revenue limit established in Subsection (a) of this Section, this excess shall be transferred to the Budget Stabilization Fund in the State Treasury which is hereby created. Emergency expenditures from the Budget Stabilization Fund may be made only if all of the following conditions are met: (1) The Governor requests the General Assembly to declare an emergency; (2) The request is specific as to nature of the emergency and the dollar amount of the emergency; and (3) The General Assembly thereafter declares an emergency in accordance with the Governor's request by a joint resolution adopted by three-fifths of the Members elected to each House. The bills providing for the appropriation of funds for the emergency must be passed by three-fifths vote of the 98  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Members elected to each House. If it is determined that the amount in the Budget Stabilization Fund is less than the amount needed to meet an emergency situation, taxes in excess of the limit established in Subsection (a) of this Section may be imposed and collected only if all of the following conditions are met: (1) The Governor requests the General Assembly to declare an emergency: (2) The request is specific as to the nature of the emergency, the dollar amount of the emergency and the method by which the emergency will be funded; and (3) Upon receiving the request, the General Assembly declares an emergency in accordance with the specifications of the Governor's request by a joint resolution adopted by two-thirds of the vote of the Members elected to each House. The bills providing for the appropriation of funds for the emergency must be passed by a two-thirds vote of the Members elected to each House. The emergency must be declared in accordance with these procedures prior to incurring any of the expense which constitutes the specific emergency request. The revenue limitation may be exceeded only for the fiscal year in which the emergency is declared; in subsequent fiscal years the revenue limits of Subsection (a) of this Section shall again take effect. An emergency shall not be declared in two successive fiscal years without the approval of a Majority of the qualified electors of the state voting thereon at any regularly scheduled election. Income earned from the funds maintained in the Budget Stabilization Fund shall accrue to the fund. (c) For any fiscal year in the event that the amount in the Budget Stabilization Fund exceeds two percent of the revenue limit established by Subsection (a) of this Section, the General Assembly shall provide for distribution of the excess revenues in any of the following 99  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 three methods: (1) Distribution to the various state pension funds established by law in proportion to the respective actuarial reserve deficiencies and the several funds based on the benefits in effect at the time of the effective date of this Section. Funds distributed under this method shall be used only to reduce the actuarial reserve deficiencies of the various state pension funds; (2) Distribution for the retirement of outstanding general obligation bonds of the state. Funds distributed under this method shall not be used to pay current principal or interest charges but shall only be used to retire outstanding general obligation bonds; and (3) Distribution in the form of the reducing or the rebating of State taxes. (d) The General Assembly shall provide by law for the implementation of the provisions of this Section. (e) The General Assembly shall by law provide for an executive or legislative agency of State government shall determine each year no later than February 1, the revenues deposited in the General Revenue Fund received from state taxes. The agency shall be required to report its findings to the Comptroller and to the General Assembly no later than February 1 of each year. (f) For all fiscal years that proportion of state expenditures paid to all units of local government and school districts shall not be reduced below that proportion paid in Fiscal Year 1988. No new program, or increase in the level of service under the existing program shall be mandated by the General Assembly to units of local government or school districts unless a state appropriation has been enacted to pay for the costs of the mandated program or service. In the event the substantial costs of any such state mandated program or service are not paid to a unit of local government or school district, such mandate shall be void as to such unit or district. (g) For 100  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 the purpose of this Section, (1) the 'General Revenue Fund' means all money belonging to or for the use of the State, paid into the State Treasury and not belonging to any special fund in the State Treasury; and (2) 'Common School Fund' means money belonging to or for the use of the state, paid into the State Treasury and expended for financing public education through the secondary level. Schedule. If approved by the electors, this Amendment takes effect July 1 next occurring after its adoption. First Reading of the Constitutional Amendment."

"Committee on Assignment. Calendar Announcement."

"Supplemental Calendars #1 and #2 have been distributed."

"Gentleman from Cook, Representative Ronan."

"Thank you, Madam Speaker. With leave of the House, I'd like you to call House Resolution... House Joint Resolution 18, which creates the state task force relative to citizens involvement in urban education."

"On the Supplemental Calendar #2, Order of Nonconcurrence appears Senate Bill 117. 117. Representative Giorgi, or... Representative McPike? Representative Giorgi. Nonconcurrence. On the Order of Nonconcurrence. Out of the record. Senate Bill 310. Representative Cowlishaw. Representative Cowlishaw. Is the Lady in the chamber? Out of the record. Senate Bill 886. 886. Representative Hannig. Mr. Clerk, read the Bill."

"Senate Bill 886, a Bill for an Act to provide for the establishment of rural health care system unit within the University of Illinois, together with House Amendments #2 and 4."

"The Gentleman from Macoupin."

"Thank you, Madam Speaker, Members of the House. I would 101  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 move that the House refuse to recede from our House Amendments to the Senate Bill 886 and that a Conference Committee be formed."

"The Gentleman has moved the House refuse to recede... refuse to recede from House Amendment 2 and 4 to Senate Bill 886. All in favor say 'aye", opposed say 'no". In the opinion of the Chair, the ayes' have it. And the House does refuse to recede to House Amendments 2 and 4 to Senate Bill 886. Senate Bill 117, Representative Giorgi."

"Madam Speaker, I move to refuse to recede to the Amendments to Senate Bill 117 and ask that a Conference Committee Report... a Conference Committee be instructed."

"The Gentleman has moved the House refuse to recede from Amendments 1 and 3 to Senate Bill 117. All in favor say aye, opposed say 'no'. In the opinion of the Chair, the 'ayes have it, and the House does refuse to recede to House Amendments 1 and 3 to Senate Bill 117. On Supplemental Calendar #1 appears Senate Bill 1400. Representative Panayotovich. Representative Panayotovich? Mr. Clerk, read the Bill."

"Senate Bill 1400, a Bill for an Act to amend the Steel Products Procurement Act. First Conference Committee Report."

"Gentleman from Cook."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. The Conference Committee Report just adds... Representative Parcells was correct and I want to thank her for being so alert on the legislation that exempted Canada. We put Canada back in because the UAW does do a lot of work in Canada. And I move for adoption of Conference Committee Report 1400... to Senate Bill 1400."

"The Gentleman has moved the adoption of Conference Committee Report to Senate Bill... on Senate 102  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Bill 1400. And on that, is there any discussion? The Chair recognizes the Lady from Cook, Representative Didrickson."

"Thank you, Madam Speaker, Members of the House. Senate Bill 1400 Conference Committee is no better than, in fact, it's worse than the original Bill. It still has the same opposition from Central Management Services. It is still in opposition... you know, Caterpillar opposes it. It probably knocks out General Motors, Ford, Chrysler, American Motors, Navi-star International, John Deere, Ford Tractors, 3-M, Xerox, Pitney Bowes, A.B. Dick. I mean, I could go on and on who it is that we wouldn't be able to buy products from in the State of Illinois because they wouldn't reach the content of 70 percent by the year 1990, '91 and '92 in the State of Illinois. We don't even really know what the 'Buy Illinois' package did for us a couple of years ago. I... with regards to steel, I think that this is an inopportune time to be restricting and hamstringing Central Management Services in what they purchase in the State of Illinois and what they can't purchase, and the fact that this has the potential to be driving up all of those contracts by 10 percent. It's a good 'no' vote."

"Is there further discussion? The Gentleman from DuPage, Representative McCracken."

"Thank you, Madam Speaker. I also rise in opposition. I agree with the previous speaker. The Conference Committee does nothing substantial. It recommends that we not adopt House Amendment #1 and go with Senate Amendment #1. Senate Amendment 1 was the guts of the Bill in the first place. It hasn't changed. It's still a bad vote and I recommend a 'no' vote."

"Is there further discussion? The Gentleman from McLean, Representative Ropp." 103  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987

"Thank you, Madam Speaker. I would just like to comment on this Bill relative to the intention of the speaker... of the Sponsor of the Bill because what is really happening was, in my judgment, what I really think he wants to do is exactly what he did when he brought the cake over a little while ago which was truly an American-made cake, but in order to get that cake cut, we had to have a knife that was made in Japan. Without that international concern, we would have sat here and looked at that cake all day without even having a piece, and I think that's a real tragedy. The other thing that's even more of a real tragedy is the fact that the very attempt that he's trying to do, by allowing people to continue to work in our country, by the very nature of the Bill, he will, in fact, in my own district cause people potentially to go out of business because they could not buy American-made automobiles because more than 50 percent might be provided from parts outside our boundary. I think that's a very bad move. not only to the state, that the counterproductiveness that will happen when we see most of our agriculture exports of the corn and soybeans be placed in great jeopardy. It's a real bad Bill, and I would urge all of us to vote 'no on it."

"Is there further discussion? The Lady from Cook, Representative Parcells."

"Thank you, Madam Speaker, Ladies and Gentlemen of the Assembly. This is one of those things that sounds like a good idea. It sounds very American. Nobody's more American here than I, even drive an American car which not all of you can say, but it's one of... but many years of experience in international competition have taught us that in the final analysis, Buy American laws just don't help anybody. In 1984, we passed the Steel Procurement. It didn't work. *Southworks* closed anyway. It didn't help 104  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 them one little bit and we're going to have retaliation. They will retaliate and they'll even retaliate, not just on our manufacturers, but on our farmers because se foreign countries won't stand still for this. Furthermore, in this very year of tight budget, how is CMS going to pay four or five million dollars more for parts which this could easily generate. All of those foreign products that we have bought in the past are now going to be 10 percent more if we have them... if we buy them here in the United States. They're very upset about it because they can't pay for it. And one other scenario that I'd like to paint for you, is look what we've done to Caterpillar. At 70 percent, they aren't going to be able to make it. And yet, by retaliation, the Japanese won't buy Caterpillar. So, we've really put a cat in the box here, because they won't be able to sell to us and they won't be able to sell abroad. We could actually put them out of business with this Bill. I think it's a terrible Bill and I ask for your 'no' vote."

"Is there further discussion? The Chair recognizes the Gentleman from Cook to close."

"Thank you. Madam Speaker, Ladies and Gentlemen of the House. This has been debated. It came out the last time with 73 votes. It came out of the Senate with 37 votes. CMS said they had a problem with the amounts that there are. The Bill amends a Bill that's already there that says five exemptions for 500 or less, which we don't have to worry about that little paper clip purchase. We talked about the two-way street before, Representative Ropp. If you don't want to use the silverware, use your fingers. Those came before utensils. Those are American, I believe. Don't forget what I told you before, 2.3 million cars came here from Japan last year and we sent 2,300 to Japan, that's a two-way street that the 105  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Representative referred to. Twenty other countries protect their people, their jobs. There should be more than 73 votes this time and I move for the adoption."

"The Gentleman has moved the passage of Senate Bill 1400. All in favor vote 'aye', opposed vote "no". The voting is open. This is final action. Conference Committee Report to Senate Bill 1400. The voting is open. Representative Greiman in the Chair."

"Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 72 voting 'aye", 44 voting 'no". Ms. Parcells. Yes, Ms. Parcells."

"I wanted to verify, but I will withdraw that request."

"Alright. 72 'aye', 44 "no", none voting 'present'. And the House does adopt First Conference Committee Report to Senate Bill 1400, and this Bill, having received the Constitutional Majority, is hereby declared passed. Let the record show that the... Mr. Clerk... Mr. Clerk, because the temporary Speaker's switch had not been switched during the last one, I would have voted 'aye' on that last Bill. Okay. On the Order of Conference Committee Reports appears Senate Bill 918. Mr. Clerk, read the Bill."

"Senate Bill 918, a Bill for an Act to amend an Act to provide for and regulate the administration of trust by trust companies. First Conference Committee Report."

"The Gentleman from Cook, Mr. Piel."

"Thank you. Mr. Speaker. The First Conference Committee Report is identical to the way the Bill came out of the House. The problem... the reason we went into the Conference Committee - it ended up passing out of the Senate unanimously, but the reason we went into Conference Committee is because the Amendment was a major Amendment 106  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY. HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 and the Senate did not have time enough to really go into the Amendment and one thing and another, so they nonconcurred. We went into Conference Committee. The Bill is identical to the way it came out of the House. It deals with the Trust Company Act and it is put in for the commissioner of banks and trust companies, and basically, it rewrites the Trust Company Act to put in language that would be more palatable to the commissioner. I'd be more than happy to answer any questions that you might have."

"The Gentleman has moved for the adoption of the First Conference Committee Report to Senate Bill 918. And on that, is there any discussion? There being none, the question is, 'Shall the House adopt the First Conference Committee Report to Senate Bill 918?" 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 112 voting 'aye", 1 voting 'no', 3 voting 'present', and the House does adopt the First Conference Committee Report to Senate Bill 918. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears House Bill 1924. Mr. Clerk, read the Bill."

"House Bill 1924..."

"The Gentleman from Cook, Mr. Cullerton."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would move that we adopt the First Conference Committee Report on House Bill 1924. The Bill specifies that the LRB shall prepare revisory legislation at any time, rather than between Sessions, which was part of the original Bill. This language was in the original Bill, as I indicated. All statutory law contained in the Illinois Revised Statutes would be considered official. This Bill 107  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 also makes all statutes enacted by the 84th General Assembly the official chapters and paragraphs, and any additions or modifications concerning the statutes by LRB must be filed by the Secretary of State. All chapters and paragraphs are available to the public and may be published and transmitted with that number. The Reference Bureau shall, at any time, select subjects and chapters in the most need of revision and present the changes to the General Assembly. LRB shall assign official chapter and paragraph number to a Public Act. It may also revise the number and classification of the statutes. These numbers then would become official when filed with the index division of the Office of the Secretary of State. Chapter 63, Paragraph 151 states that the LRB is authorized to acquire memory equipment for containment of the Illinois Revised Statutes and the programming of a computer for use of obtaining data concerning the statutes. The LRB shall control the memory system. The use of the system is restricted for LRB members and agencies of the General Assembly and also the Attorney General. In addition, the LRB will make the memory system available to the public and governmental entities or agencies including use of the Illinois Revised Statutes data base contained for commercial re-transmission, publication and sale. This Bill also lets the lowest responsible bidder do the printing of the Illinois Revised Statutes, deleting the exception for printing of extracts of the Illinois Revised Statutes as stated in Chapter 127, Paragraph 132.205. The Bill also specifies that all Session laws printed by the Secretary of State shall include any Public Acts. I move for the adoption of the Conference Committee Report."

"The Gentleman from Cook, Mr. Cullerton, moves that the House adopt the First Conference Committee Report 108  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day to House Bill 1924. And on that, is there any The Gentleman from Warren, Mr. Hultgren.

"Will the Sponsor yield?"

June 30, 1987 discussion? "Indicates he'll yield for questions."

"I note from the Conference Committee Report that the Representative from Canton did not sign. Can you... do you know what reservations he had, and could you those for us?" Cullerton: Iu summarize think he was just unavailable at the time of the Conference Committee Report, because we... as you know, because we intend on getting out of here in time tonight, we wanted to make sure we got all these filed in time, SO I'm sure it was just an oversight."

"It was oversight, no objection to the contents of the Report?"

"I don't believe so, or I'm sure he'd be up on his feet, screaming."

"Thank you."

"Further discussion? There being none, the question is, Shall the House adopt the First Conference Committee Report to House Bill 1924?' All those in favor signify by voting 'aye', those opposed vote "no". Voting is open, and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113... 115 'ayes', none voting "no", 1 voting 'present', and the House does adopt the First Conference Committee Report to House Bill 1924. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears House Bill 1312. Mr. Clerk, read the Bill."

Not-for-Profit "House Bill 1312, amends the General Corporation Act. Conference Committee Report #1." 109  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987

"Gentleman from Cook, Mr. Levin."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move that the House do adopt Conference Committee Report #1 to House Bill 1312. House Bill 1312, Conference Committee Report #1, deals, first of all, with the general non-for-profit corporations and provides for limited immunity for volunteers. This is something which United Way and approximately 200 other organizations around the states, including the executive service corps and hospitals and others, are extraordinarily interested in. Secondly, the legislation deals with alcohol and drug addiction intervenor programs. Programs like those which are sponsored by... for impaired physicians and for lawyers and other professional associations. And this was previously Senate Bill 40. In addition, the third part of the Bill deals with agricultural co-ops and the last part deals with charter colleges and universities. If there are any questions, I'm happy to answer them; otherwise, I just ask for adoption of the Conference Committee Report."

"Gentleman from Cook, Mr. Levin, moves that the House do adopt First Conference Committee Report to House Bill 1312. And on that, is there any discussion? There being none, the question is... Yes, the Gentleman from DuPage, Mr. McCracken."

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

"He indicates he'll yield for questions."

"What... this any trained intervenor or fact reporter participating in an intervention is given immunity for causing personal injury, how would that person... I mean, how would the possibility of personal injury arise in the course of that person's duties? I mean, it wouldn't be related to his duties, would it?"

"Well, you know, it would be possible that the individual 110  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 might, you know, start acting crazy, and, in some way, injure him or herself, and that could cause an injury."

"Okay. What is it about the... this intervention, how far does this immunity go? He's provided intervention if he makes a report in good faith on someone elses addiction or alcoholism to a trained intervenor and is also an intervention includes steps taken to get treatment. I mean, that couldn't be interpreted as immunizing someone from taking someone into custody against his will for that purpose, would it?"

"This is a volunteer type of an effort. Let me just indicate that this Bill was put together by the DASA Advisory Committee. It's supported by, as far as I know, every single professional association as well as by DASA itself."

"Okay. Thank you."

"The Lady from Cook, Ms. Didrickson."

"Yes, thank you, Mr. Speaker. Perhaps this might clear up some confusion here. I have a letter... It was put together by the Department of Alcohol and Substance Abuse Advisory Council. I have a letter from the Tort Law Section Council of the Illinois State Bar Association in support of this tort law intervenor portion, and I would just offer that for the record."

"Further discussion? There being none, the question is, 'Shall adopt... Shall the House adopt the First Conference Committee Report to House Bill 1312?' All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is open and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk. Mr. Clerk, take the record. On this question there are 113 'ayes', 2 voting 'no', none voting 'present', and the House does adopt the First Conference 111  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 Committee Report to House Bill... Yes, Mr... Mr. White. Vote Mr. White 'aye'. And now, there are 114 'ayes', 2 'nos', none 'present', and the House does adopt the First Conference Committee Report to House Bill 1312, and this Bill, having received a Constitutional Majority, is hereby declared passed. On this Order appears House Bill 529. Clerk, read the Bill on Supplemental Calendar #2."

Mr. Clerk Leone: "House Bill 529, amends an Act to revise the law in relationship to criminal jurisprudence. Conference Committee Report #1."

"Gentleman from DuPage. Mr. McCracken."

"Thank you, Mr. Speaker. House Bill 529 would create the Obsenity Forfeiture... Profits Forfeiture Act. We've discussed this before. This version is a little different in that it exempts from the provisions of the Forfeiture Act libraries. The Bill does not change the law of obscenity or who that law applies to. This limits the scope of the application of the profits forfeiture to institutions other than libraries, and I would move its adoption."

"Gentleman from DuPage moves that the House do adopt the First Conference Committee Report to House Bill 529. And on that, the Gentleman from Cook, Mr. Young."

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

"Indicates he'll yield for questions."

"As far as the forfeiture clause, when is the state entitled to first take possession of the property under this Act?"

"Well, the forfeiture hearing can be held only after a conviction. There are abil... There is available temporary restraining orders and/or preliminary injunctions to protect the assets from being removed out of the jurisdiction or otherwise encumbered so that there would be 112  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 no meaning to the forfeiture. But there is no right to the forfeiture of the assets unless and until there has been a conviction for obscenity."

"Under the Bill, when is the soonest the assets could be taken from the owner under this Bill?"

"I just said that there is available a means for applying for a temporary restraining order or a preliminary injunction to protect the assets from being transferred or encumbered. If you're using the term 'take possession to mean how soon can they move on those items, they can move soon or immediately upon or after the arrest for obscenity. At that hearing, they would have to demonstrate the traditional requirements for preliminary injunctive relief and in addition, prove that the property in question is in imminent danger of being encumbered or otherwise obligated Young: or distributed." "Thank you. To the Conference Committee Report..."

"Proceed, Sir."

"Ladies and Gentlemen, I rise against this Report simply because it would allow on two days notice for a person to have to appear and the possibility of assets being taken and frozen by the state without a finding of guilty but just based on probable cause that someone was, in fact, charged. This is another situation where we're getting further and further away from the principles that someone is innocent until proven guilty. This is a bad Bill. This is a bad precedent. We're locking people up and holding them without bail without proving them guilty, and now we're taking their assets and freezing them without proving them guilty."

"Gentleman from McDonough, Mr. Slater."

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

"Yes." 113  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

June 30, 1987 "Indicates he'll yield for questions."

"Mr. McCracken, the theory under this would be that the profits from obscenity would be frozen and actually confiscated by the state, is that not correct?" McCracken:

"No. the other traditional They could only be inventoried or held in protective custody. whatever term you want to use, upon a showing of a necessity for that purpose and in addition, requirements for preliminary injunctive relief, as well as probable cause of the commission of the offense of obscenity, as well as evidence of the assets in question either being derived from the commission of the offense or used in connection therewith." "Well, how do we determine what profits are derived or properties are derived from the commission of the what offense?"

"It would vary with the facts of the case. If one were going to a book store that engaged in only what the prosecutor contended was obscenity and if the court agreed with that contention, then I suppose it would be the profits of that store or company limited to that store."

"So that if there were an obscene publication within a store, this could potentially result in the confiscation or the forfeiture of all of the inventory of the store, is that correct?" McCracken:

"No." "Why not? What would it be? Just the profit from that one book?"

"No, it would be the property used in connection therewith and the profits derived therefrom."

"So, if a person owned real estate, we could take that real estate away from him. Is that correct?"

"No."

"Wait a minute. If the obscene material were sold on 114  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 real estate owned by the seller, that would be property, would it not, as classified by the legislative language which you have here, which would be subject to forfeiture?"

"Yes, you're right. I'm sorry. That's... I don't know that that would encompass the entire store. I don't believe it would."

"Thank you very much. Mr. Speaker, to the Bill. I think the Sponsor says to us all here that if you are guilty of obscenity, there can be a forfeiture of whatever property is owned by the seller of that obscenity, by the seller of one little book, by the seller of one thing which has been determined by a jury at some point in time, but not even at this point when we're going to forfeit the property will we do that. It's even worse than that. If you go further and you see what happens to the profits that are derived, those profits don't go anywhere except to people who are interested in the prosecution. Fifty percent of it goes to local government where that particular enterprise is located. Twenty-five percent of it goes to the county where it was located, and another 25 percent, another 25 percent goes into a special fund for state's attorneys. If that's not incentive to do something, I don't know what it is. I think this is a terrible piece of legislation. It's absolutely regressive, and we should all vote against it."

"Gentleman from Cook, Mr. Preston."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I don't know that I could add anything to the eloquent remarks of Representative Slater. I think this Conference Committee Report is horrendous. What it does is have the court give us a prior restraint to what could be printed material, thoughts, ideas. A person... part of the property that could be confiscated or forfeited here without... prior to any conviction for obscenity are the 115  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 books themselves that somebody claims could be obscene. Now, the Supreme Court has said many times they don't... can't define it, they can't describe it, but they know it when they see it. Well, at this point in time, somebody can go into court, ask for a preliminary injunction so that someone is unable to sell books, pamphlets or whatever that they may have prior to a trial. That is forfeiture. That's not just preserving the status quo. If a businessman is unable to get rid of his inventory of books, that's a forfeiture in itself. So, the preliminary injunction, without any conviction for any crime could stop somebody from selling ideas and thoughts to other people, which is what our Constitution is all about. This is an absolutely obscene Conference Committee Report and ought not to succeed."

"Gentleman from... from Hill, Mr. Petka."

"Thank you, Mr. Speaker and Members of the House. I rise in support of the... of this piece of legislation. I would like to commend the Sponsor for placing into legislation the thoughts of State's Attorney James Ryan of DuPage County. I think this is a fine piece of legislation long overdue. For far too long, we have permitted profiteers of pornography, the flesh peddlers, to profit widely at the expense of not only the public at large, but also at the expense of the youth of this country, because there is no question, there is no question, as was pointed out by the Attorney General's report on pornography, that what we are dealing here was a direct link between pornographic material and sexual assault against women and children. What we are attempting to do here is to take the profit out of the smut peddlers. We're trying to take away the incentive of smut peddlers to go forward and pollute our minds and our bodies. Representative McCracken, once 116  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 73rd Legislative Day again, should be commended for showing courageousness in standing up and putting this legislation, which is long overdue, for debate on this House floor. I respectfully urge that the green should be seen on the board."

"Gentleman from Cook, Mr. Williams."

"Thank you, Mr. Speaker, Ladies and Gentlemen of this Body. I, too, rise in opposition to this Conference Committee Report. This particular Report we more or less, in one form or another, defeated this particular Amendment or this Bill three or four times so far this Session, and I feel that, at this point, we're just having a rehash of what we've done. The reality of it is is what we're attacking is not obscenity, but freedom of speech. The whole reality is that obscene cannot be defined. What's obscene in your community may not be obscene in mine. What's obscene is such an ambiguous term to go out and, prior to any conviction take someone's property based upon another person's concept of obscene creates real problems to me. I believe that this is one of the true Bills that we have that's chipping away at one of the freedoms that the Constitution gives us. The freedom of speech is the basis of our Constitution. It's the one thing that we have to protect here in this Body. What we see taking place today is a person... Remember this - this is not something where they can take your property after conviction, after it's been determined that a person has engaged in something that another person might assume to be obscene. This is a situation where a person, prior to any such conviction, can be deprived of the use of any and all of his property. This Bill says that not only can you take things that were directly found to be a result of some profits from obscene, but indirectly. That means anything and everything you own can be taken by the government. And I ask... to tell 117  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 you... some of you great people who support the Constitution - remember, this is the government taking your property on another person's opinion that some material is obscene. I believe this goes to the ethics of our Constitution, it goes to the ethics of freedom of speech, and I urge you to consider this vote. This is a must vote for a 'no'. We must defeat this Conference Committee, and I urge your 'no' vote."

"Gentleman from McHenry, Mr. Klemm."

"Thank you, Mr. Speaker. Will the Sponsor yield for a question?"

"Indicates he will."

"Representative McCracken, you had mentioned that there is no section in here that affects librarians. Is that called for on page 12, line 16 where it said, 'Subsection (g) of this Section shall not apply to any property of a public library', et cetera... et cetera?"

"Yes."

"Now is Subsection (g), as I look at the Conference Committee Report, does that begin on page five where..."

"Yes, it does."

"So, Subsection (g) is forgiven for the librarians which is forfeiture of property. Would that be correct?"

"Yes, that's correct."

"What about Subsection (d)?"

"Subsection (b)?"

"That would apply toward librarians then, wouldn't it? In Subsection... obscenity is a Class A..."

"Well, if it applies... Yes, if it applies to librarians, it applies to them now. We do not change the law in Subsection (b)."

"In Section (e), then, the evidence, prima facie evidence in the affirmative defense - these are not included for 118  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 librarians then, is that right?"

"That's all current law. We do not amend that at all."

"All we're doing is, our librarians can be guilty except they won't have the forfeiture of property. Is that the protection we give them?"

"The only change is the creation of this Forfeiture Act and libraries are exempted from the provisions of the Act."

"Why wouldn't we exempt them, then, on the last page where you exempted them from this Subsection? Why not include it and make it all inclusive?"

"Well, because people feel... or there has been some concern about libraries being subject to this and we felt this was a compromise that was acceptable. It didn't change current law and the Amendment does not affect them."

"Thank you very much."

"The Gentleman from Cook, Mr. Cullerton."

"Yes, Mr. Speaker, I would just indicate that I certainly didn't sign this Conference Committee Report. It wasn't even reviewed by our staff over here. It's 12 pages long. The way I understand the language on the last page, it's to be liberally construed and there's somewhat of an attempt here to try to take out libraries, but the... First of all, it does leave the door open for some libraries to be subject to forfeiture provisions of the Bill because it says they have to be accredited by a generally recognized accrediting agency - whatever that means. And I think that you should be very careful before voting on all Conference Committees for that matter, especially one that has never... the subject matter of which has never been, to my knowledge, passed out of a Committee; and if you look at this Conference Committee, it's just... it's about six 119  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 pages of... of brand new language. I don't think the libraries are taken care of here. And I'd be very worried, at this point in time, at this late hour, to support this Bill. I think you're going to find that this is one of those Bills where a couple months later, people are asking you why you voted for it. Your local library board might be contacting you and asking you, "Why did you vote for such a crazy Bill that allows for us to be shut down before we could even... before we are even charged with anything or found guilty of anything?" The laws of obscenity are so broadly construed. As a matter of fact, he specifically says in his Bill that he wants it liberally construed. It's so broadly construed that it's hard to say what it means anymore. As a result, I think this is a very dangerous Bill. You should be very careful before you vote for it."

"The Lady from Cook, Ms. Braun."

"Rather than talk about rights and liabilities in the Constitution and the burdens, presumption of innocence, which, apparently, doesn't go over very well in this General Assembly these days - let's talk a little bit about something that does which is money. If you own a building and somebody that you don't know anything about is selling an obscene book, books, magazines or whatever in a part of that building, your building can be seized, your operation can be shut down pending a determination that this person was not acting as your agent, pending a determination that this wasn't obscene under the broad definition of this Act, pending a determination by the state's attorney that you were the wrong person to proceed against. If you own a trucking company and somebody is selling obscenity or distributing obscenity out of the back of your trucks, your trucking company, your accounts receivable can all be 120  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 seized and shut down pending the same determination. Talking further about money, there is an incentive in this Bill, 25 percent of the forfeiture proceeds, for state's attorneys to initiate these kinds of actions against you. Now, it's one thing to stand up and talk about the rights of people who are actually engaged in harmful conduct. It's another thing, quite again, to talk about people who might be connected to that individual, as a principal, as the owner of the company, as the owner of the building, as the owner of the trucking company or whatever, because that person's rights are in jeopardy as well. So for anybody here who's got any real estate, if you are absolutely, positively certain that nobody will ever do anything on that property that will endanger or put at jeopardy your interest in that real estate under this statute, then vote for the Bill. If you're not so sure about that, if you have any question in your mind that your real estate might not be used for purposes that you didn't authorize, then I would suggest that a 'no' vote on this Conference Committee Report is appropriate."

"The Lady from Cook, Ms. Williamson."

"Thank you. Mr. Speaker and Members of the House. I happen to represent a district that has to deal with the problem of obscenity on a daily basis. If you don't have to deal with this, you're lucky, but let me give you some stories, some horror stories of what obscenity does to a neighborhood and surrounding area, innocent people. Anyone that goes into the stores that this type of material is sold is someone that is willing to deal with the type of obscenity, the devices, the books, any of the stuff that we're talking about, that's not the type of person that you want to have to deal with in your neighborhood. I can't even begin to put in words what it's like to live there in 121  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 the neighborhood that I represent. It's a problem. It's something that I have been fighting for for years. I have worked with the state's attorney's office. I am working with the sheriff's office. I am working with the Chicago Police Department. They are asking anything. absolute anything that this Body can do to help them to get this law passed, to give them some help in stopping this type of sale of obscene devices, of literature. George Dunne, the Cook County Board, they are asking, "Please, help us." They are supporting this. They supported the Bill that I had, strongly came out and helped me to help me get my ... pass my Bill dealing with the obscene devices. We passed that Bill out of this House 98 to 10. This is nowhere near as strong as that Bill was. You took a stand then and you said then, at that point, with that Bill that you didn't want that in the State of Illinois. Let's do something and protect the innocent people, the good, blue collar American people in the State of Illinois. They don't want to have to deal with this. This is a big problem for my area and so many other parts of the state. Please, vote in favor of this. If you vote "no", then you are voting for the derelicts and the sick people that are involved with this type of material. Vote the way you represent your people. Don't let this Bill die."

"The Gentleman from Champaign, Mr. Johnson. The Gentleman from DuPage, Mr. McCracken, to close."

"Thank you, Mr. Speaker. I'd like to correct some of the misstatements made in the debate. This Bill was considered by the Judiciary Committee, was passed out of the Committee favorably, was considered by this House some time ago and passed out with approximately 90 votes. The only difference between that Bill and this Bill is the two lines in the last paragraph of the Bill which exempts 122  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 libraries from the forfeiture. That is the only difference between this Bill and the Bill that passed Committee and has already passed this House. The last time this Bill was called it was an Amendment to Representative Brunsvold's Bill. There was some miscommunication between us and some of those votes against it were a vote against amending a Bill against the Sponsor's wishes. This has been considered and passed already. And let me tell you what protection of real estate means within the meaning of the Act. These people talk about forfeiture and closing down the buildings. Do you know what it means? On page nine of the Bill it means that you file the injunction against the property at the county recorder's office. The injunction puts property owners and people interested in property on notice of the pendency of the criminal case. That's all that happens. This injunction does not affect any prior lien holders. A bank mortgage, a loan collateralized by the property is not impaired. All this does is put on notice all people interested in the property. That's what the pre-trial inventory is... is like when you're talking about real estate. That's all that's done in this case, and it's done only with a hearing. You know, last year or two years ago we passed out of here a Forfeiture Act similar to this for child pornography. Now, have you heard of any abuses as a result of some zealous prosecutor acting on child pornography? Is that a problem that you find in your districts, that your prosecutor is too zealous in prosecuting child pornography? This is not an issue of civil liberties. Obscenity is not protected by the Constitution. Forfeiture is done only after a conviction for obscenity, only after the court has ruled that obscenity has been committed, and it is limited to property or profits used in connection with the commission of the 123  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 crime or profits derived therefrom. That's what we're talking about. The people who told you that this hasn't been considered before and you shouldn't consider it now were not telling it straight. The people who told you the horror stories about the truck driver and the buildings being closed down and forfeited were not telling it straight. That's not what's in this pill. This Bill is against the smut and the peddlers, and it's the only enforcement tool we've got. Right now prosecutors cannot enforce the law because all they can do is arrest the... the salesman, the guy behind the counter. They can't get at the company. They can't get at the people behind the business. That's what we're talking about here. We're talking about closing down these shops. And we're talking about doing it constitutionally. Vote 'aye'."

"Question is, 'Shall the House adopt the First..." Yes, Mr. Matijevich, for what purpose are you seeking recognition?"

"Well, Speaker, I only want to clear up one thing because the name of George Dunne was mentioned in support of the Bill. And I've talked to the gentleman who represents Cook County on the floor here and he indicates that naturally the President of the Cook County Board, George Dunne, is opposed to obscenity and pornography, as all of us are, but the main thrust of this Bill has to do with the forfeiture of property..."

"Well, Mr. Matijevich, I will allow you... I will call you for an explanation of your vote. How's that? Alright?"

"I didn't hear where you declared the..."

"I had not yet put the Motion. I was about to put the Motion. So, let me do that and then we'll get back to you on an explanation of vote. The question is, 'Shall 124  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 the House adopt the First Conference Committee Report to House Bill 5292? All those in favor signify by voting 'aye', those opposed vote 'no'. This is final action. Mr. Matijevich, one minute to explain your vote."

"Yes, I wanted to clear up the fact on the matter of forfeiture and the distribution of the forfeiture that George Dunne is opposed to that because what you allow is the shadow governments to have a portion of the budget without public hearings at all. And that's the part of the Bill that the Cook County Board and the President Dunne do oppose and I think we ought to oppose this until that matter is straightened out."

"Mr. McCracken, one minute to explain your vote."

"Thank you. As I said before, this Bill was considered by the Committee. It's been passed by the House. As you can see, this Bill was... I'm the Sponsor. I'm explaining my vote. So, the Bill's been around for a long time in the Session. I haven't heard anything from Cook County for or against. I was unaware that Cook County was even aware of it or had a position. If... if they do, I'm sure that's something we can work out. I don't think that's a reason to vote against the Bill, and I'd ask people to vote the Bill on the merits and what we're trying to accomplish. If the units of government have a problem with the distribution of the proceeds, that's something we can work out."

"The Lady from Cook, Ms. Braun, for what purpose do you seek recognition? You spoke in debate, Ms. Braun. 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 67 'aye', 31 'no', 17 'present'. And the Lady from Cook, Ms. Braun, asks for a Verification 125  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 of the Affirmative Roll Call. Mr. Clerk, proceed to verify the Affirmative Roll Call."

"Poll of the affirmative. Ackerman. Barger. Barnes. Black. Brunsvold. Bugielski. Capparelli. Christensen. Churchill. Curran. Daley. Daniels. DeJaegher. Deuchler. Doederlein."

"Excuse me. Mr. Morgan... Mr. Ryder, the Gentleman from Morgan."

"Leave to be verified, please."

"Gentleman have leave to be verified? You have leave. Mr. Capparelli asks leave to be verified. Mr. Capparelli, leave to be verified."

"Continuing with the poll of the affirmative. Ewing. Flinn. Virginia Frederick. Giglio. Granberg. Hallock. Hannig. Hartke. Hasara. Hensel. Hoffman. Homer. Keane. Krska. Kubik. Mautino. Mays. McAuliffe. McCracken. McGann. McNamara. Mulcahey. Novak. O'Connell. Olson. Parcells. Parke. Bernard Pedersen. William Peterson. Petka. Phelps. Piel. Pullen. Rea. Regan. Richmond. Ropp. Ryder. Saltsman. Satterthwaite. Sieben. Stange. Stephens. Tate. Terzich. Van Duyne. Wait. Weaver. Wennlund. Williamson. Wojcik. And Wolf."

"Ms. Braun, questions of the Affirmative Roll Call. Ms. Braun."

"It's not on. Oh, yes, it's on now. Thank you. Representative Daley."

"Mr. Daley. Mr. Daley is in his seat."

"Representative Kulas."

"Mr. Kulas. Mr. Kulas. How is Mr. Kulas recorded? How is Mr. Kulas recorded?"

"Gentleman is recorded as voting "present"."

"Representative Martinez."

"I'm sorry, who?" 126  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

"Martinez." June 30, 1987

"Mr. Martinez is at the well. Mr. Goforth. Mr. Goforth votes 'aye'. Proceed."

"McNamara."

"Mr. McNamara. Mr. McNamara in the chamber? How is Mr. McNamara recorded?"

"The Gentleman's recorded as voting 'aye'."

"Remove Mr. McNamara."

"Van Duyne."

"Mr. Van Duyne. Mr. Van Duyne. Mr. Van Duyne is in the rear of the chamber. Mr. Peterson, for what purpose do you seek recognition? Mr. Peterson?"

"Leave to be verified, Mr. Speaker."

"Mr. Peterson asks leave to be verified. Does he have leave? And Mr. Stange."

"None further."

"Return Mr. McNamara to the Roll Call. Mr. Klemm. Mr. Klemm goes from 'no' to 'aye'. Therefore, on this question there are 69 voting 'aye', 30 voting 'no', 16 voting 'present', and the House does adopt the First Conference Committee Report to House Bill 529. And this Bill, having received a Constitutional Majority, is hereby declared passed. On this Order appears House Bill 1167. Mr. Clerk, read the Bill."

"House Bill 1167, a Bill for an Act in relation to the state occupation and use tax. First Conference Committee Report."

"The Gentleman from Cook, Mr. McGann."

"Thank you, Mr. Speaker and Members of the Assembly. Conference Committee Report on House Bill 1167, House Bill 1167 is a Subcommittee Sales Tax Committee of the full Revenue Committee that we have brought all these items together and placed them on this Conference Committee 127  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 Report. Just to go over quickly with you, it amends the Cigarette and Cigarette Use Tax Act and hotel operators occupation tax. It exempts them from bonding requirements to those cigarette wholesalers who have established that they are prior continuous compliance taxpayers. This has been worked out with the Department of Revenue. Secondly, it repeals House Amendment #2 in regards to the appropriation for McCormick Place. It takes care of a technical cleanup Amendment which came from Senate Amendment #1. Senate Amendment #2 goes ahead and takes care of McCormick Place. Now then, further, it exempts from sales tax the proceeds of sales of tangible, personal property sold by not-for-profit senior citizen organizations. This item was originally House Amendment #4 to Senate Bill 378, presented by Representative Hasara. Further, it exempts from the sales taxes those vans designed to carry not less than seven, nor more than sixteen passengers, only if purchased for use as rental leased motor vehicles. This will not have the one time sales tax, but we will have the rental lease tax on this, so this was originally Amendment #5 of Senate Bill 378. Finally, it authorizes..."

"Excuse me. Excuse me, Mr. McGann."

"Yes."

"For what purpose does the Gentleman from Warren, Mr. Hultgren, seek recognition?"

"A point of order, Mr. Speaker. This is a Conference Committee Report which has not been distributed, I do not believe."

"Yes, it's..."

"Mr. Clerk, our records seem to indicate that this has been distributed, is that correct? At 2:15. Distributed at 2:15, Mr. Hultgren." 128  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

June 30, 1987 "I didn't receive one until just a moment ago. I'll try and review it as quickly as possible. Thank you." "Gentleman from Cook, Mr. McGann, proceed."

"Thank you, Mr. Speaker, Members of the Assembly. Continuing, the final item that is listed in this Conference Committee Report authorizes the holder of special bingo licenses, or limited bingo licenses, to conduct bingo for two consecutive days with a limited number of games and to award non-cash prizes, which may not exceed 150 dollars in any single game. This is meant to assist the senior citizens who provide non-cash awards such as quilts, et cetera. The language of this provision was drafted by the Department of Revenue which does not oppose it and the item was originally under Senate Bill 56, which was Senator Watson and Representative Hartke, which passed the Senate 56 to nothing. And I would ask for acceptance and adoption of this Conference Committee Report."

"The Gentleman from Cook, Mr. McGann, moves that the House do adopt First Conference Committee Report to House Bill 1167. And on that, the Gentleman from Lake, Mr. Churchill."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I was a Member of the Conference Committee and when the Bill first came to me for a signature, I had some questions on it, so I did not sign it at that time. The questions have now been answered to my satisfaction, and I stand in favor of the Bill. Thank you."

"Further discussion? There being none, the question is, 'Shall the House adopt Conference Committee Report #1?" 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 129  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 this question there are 102 voting 'aye", 12 voting 'no', 1 voting 'present', and the House does adopt First Conference Committee Report to House Bill 1167. And this Bill, having received a Constitutional Majority, is hereby declared passed. On this Order appears House Bill 1174. Mr. Clerk, read the Bill."

"House Bill 1174, a Bill for an Act to amend the Revenue Act. First Conference Committee Report."

"The Gentleman from Cook, Mr. Keane."

"Thank you, Mr. Speaker. House Bill 1174 is another agreed revenue... A number of Bills have been put on it. The Conference Committee Report... In the Conference Committee Report, the Senate recedes from their Senate Amendment #1 which omitted the names of delinquent taxpayers from published notice of tax delinquent property. So that is, the names are back on. The Conference Report also added another piece that had been on a different Bill to extend the downstate special reduced assessment to land having approved forestry management parcels to Cook County. It's limited to parcels of land 15 acres or less. The land must stay in a forested condition for a period of ten years. The provision is an agreement worked out between the Department of Conservation and the Cook County Assessor. I'd be happy to answer any questions and ask for a favorable Roll Call."

"Gentleman from Cook, Mr. Keane, moves that the House do adopt First Conference Committee Report to House Bill 1174. Is there any discussion? There being none, the question is, 'Shall this Bill... Shall the Conference Committee Report be adopted?' 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 130  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day the record. June 30, 1987 On this question there are 107 'ayes', 8 voting 'nay", none voting 'present', and the House does adopt the First Conference Committee Report to House Bill 1174. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 653. Mr. Clerk, read the Bill."

"Senate Bill 653, a Bill for an Act to amend the Election Code. First Conference Committee Report."

"And on that, the Gentleman from Winnebago, Mr. Giorgi."

"Mr. Speaker, Conference Committee Report on Senate Bill 653 is much like the Bill we sent to the Senate except it has a couple of additions and changes. This has the pay range for the judges of election. It also... it requires that the State Board of Elections furnish update registration information twice a year. It has some language suggested by the Governor's Office relating to Solidarity Party. This allows the election authorities to use three instead of five judges in odd-numbered years elections. It defines the word 'term' in some of the Senate language. Then it adds three Bills that the Senate wanted and that is that it provides that a deputy registrar who is a municipal clerk may accept the registration of any resident of a municipality regardless of which county the municipal clerk is a resident of. Then it also applies to municipalities which lie in more than one county. Under the Bill, a municipal clerk or deputy municipal clerk and such may register voters regardless of which county they live in. I urge the support of Senate Bill 653."

"Gentleman from Winnebago moves that the House adopt the First Conference Committee Report to House Bill... to Senate Bill 653. And on that, the Gentleman from McDonough, Mr. Slater." 131  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

June 30, 1987 "Thank you, Mr. Speaker. Here we are, election Bill number two. Election Bill number one was Senate Bill #10 which did away with the Solidarity Party. What we're going to do with 653 is do away with the Solidarity Party again. We had some negotiations in the course to final days of this Session as it related to negotiations relating to elections. And the way negotiations take place is, 'Hey, we've got 68 Members over here, and that's it." We woun up with two Bills that were semi-agreed upon; 652 and 653. And the initiatives that came from the right side of the aisle were put in 652. 652 is now dead and here we are with 653 again and there is absolutely nothing in here, whatsoever, that came from this side of the aisle. You know, things have changed. Things have changed in Chicago and politics in Illinois isn't like politics used to be in Illinois. And there's going to be the day that the Democratic Party, those of you sitting on that side of the aisle, are going to be as concerned about election fraud and the theft of elections as we are. And to you, Mr. Speaker, shame on you. Shame on you for allowing this procesS to break down. Shame on you for not allowing anything fair to be presented to the people of the State of Illinois, to be heard by this Body as it relates to election reform. Speaker, you're not only unfair to this Body, you're unfair to all of Illinois."

"Gentleman from Cook, Mr. Kubik."

"...Mr. Speaker, will the Sponsor yield?"

"He indicates he'll yield for questions."

"Representative Giorgi, did you..."

"I can't hear him."

"... say that there was something about election judges, the salary for election judges in this Report?"

"Yes." 132  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 73rd Legislative Day

"What... Could you elaborate on that provision a little bit and tell me where it is?"

"Yes. It's... the Amendment requires local election authorities statewide to compensate judges at a rate within a range of between 35 and 65 dollars with the exact rate to be determined by either county clerks or board of election commissioners. And then, if they go to a school, they can get a bonus from 10 to 30 dollars."

"Okay. So, they could, if they... if they go to school, they could get, what 100 dollars a day?"

"No, Sir. No, 10 to 30 dollars they can be paid for extra compensation for going to school."

"Well, if they go to school and they participate in the... as a poll... as an election judge for election day, what is the maximum salary they could receive?"

"Ninety-five dollars a day."

"Ninety-five dollars a day. What did we estimate that to cost, Representative?"

"What would that cost?"

"Yeah, the state."

"Let's see, there's... Is there 25,000 precincts in Illinois? Fourteen thousand precincts in Illinois. On an even year, five judges; on an odd year, three judges. Put your mathematician to work."

"I mean, what are we talking about, three million dollars, in that neighborhood?"

"Could be. And I think for good, honest, accurate, speedy elections, that's a pittance."

"Well, we know you stand for that, Representative Giorgi. Okay. thank you, Mr. Speaker. I just wanted to clarify that."

"Gentleman from Bureau, Mr. Mautino."

"Thank you, Mr. Speaker. Will the Gentleman yield?" 133  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

Mautino:

June 30, 1987 "Indicates he'll yield for questions." "Zeke, would you please briefly tell me, on page 14, it says "No vendor, person or other entity may sell, lease or loan a voting system unless approved by the State Board of Elections." Is there a list of who is approved and who is not approved? I'd hate like heck to go back to my county clerk who is running his elections and find out that he's leasing or in the process of buying a system that's not authorized." "At the present time, I think, from my experience, most elected officials can obtain these lists and there are some groups that are allowed to buy them. We can't prevent citizens from buying these lists."

"No. its says, Zeke, if I may, it says, "May not lease, sell or loan a voting system or voting system component to any election jurisdiction unless that system has been authorized or approved by the State Board of Elections." I'm talking about the punch system. Are they all..."

"You're talking about the state approved system."

"Yeah, right. Now, what I'm saying is there are some that used to be you turned the pages on a screen. Now everything is punch. Are there any of those punch voting machines that are not authorized by the Elections Board?"

"As I understand, if there is a new type of voting procedures, it has to be approved by the State Board of Elections."

"Okay, fine. Thank you."

"Gentleman from DuPage, Mr. McCracken."

"Thank you, Mr. Speaker. This is the culmination, as Representative Slater said, of a year of our trying to get you to call election reform Bills, and this has been the result. As you know, and as the press probably knows by now, we've been making this attempt through the Committee 134  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 process, through the Amendment stage, through Third Reading and now we're in Conference Committees. We had an agreement with the other side of the aisle which we grudgingly accepted but were forced to, given our... our minority status. But even that has been stripped away. The Senate refused to concur with those Amendments. Representative Giorgi refused to recede and a Conference Committee was appointed. A Conference Committee appointed and signed off on by по Republicans. There are six signatures on this Report and they're all Democratic signatures. Will the Sponsor yield?"

"Indicates he'll yield for questions."

"Representative, did you come over to us and talk about refusing to recede before you made that Motion? Did you consult with anybody over here regarding that Motion?"

"Senator Dudycz from the Senate signed it, and he's from a district that's considered very precarious."

"Not the one I've got."

"But..."

"Oh, yes, you're right. I apologize. Senator Dudycz signed it."

"No need to apologize."

"Did you consult with anyone over here before refusing to recede?"

"Well, we had the consensus of hours and hours of hearings in the Election Committee, so we really knew what you wanted."

"So, you didn't. Okay. Did you talk to anybody on the House Conference Committee about this Report?"

"The... we promulgated the Report among the Members that are appointed to the Conference Committee. Some chose to sign, some didn't for peculiar reasons."

"Okay. But you didn't discuss it with anyone over 135  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 here, the Conference Committee Report."

"Because of the press of SO many Conference Committee Reports, so many Committees that I'm on, so much work that I have to do, I just couldn't get around to it."

"Okay, okay. About a month ago. the real Speaker agreed to call Bills in the Election Committee for the first time. That week, the Bills were called and all beaten. The next week, some Bills were called and none were passed out. Then, because we put 40 or 50 or 60 Amendments on the Election Bills that came out, we worked out a compromise. The meaning of that compromise, what we accomplished in the compromise is wiped out by this Conference Committee Report. It has no meaning. The Speaker's promise was hollow. He didn't care about living up to the promise to enact reform legislation and now we have nothing. We have Senate Bill 10 back again, the Solidarity Party Bill, and nothing more. This is a bad Bill. In effect, it abrogates the agreement that was worked out. There was no attempt to renegotiate it when it went to a Conference Committee stage, and I stand in opposition and I would hope that everybody on this side of the aisle would oppose this Bill."

"Gentleman from Winnebago, Mr. Giorgi, to close."

"Mr. Speaker and Members of the House, the Bill's Amendment includes both parties. Judges and clerks of elections are bipartisan. Computer lists are going to be available to Republicans, Democrats and Communists and whoever wants to avail themselves of it. The... allowing three or five clerks and judges of election to use in every other odd-numbered years is bipartisan. Allowing deputy registrars ог municipal clerks and I dare say there are more Republican municipal clerks than there are Democratic 136  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 - is bipartisan. The entire Bill is bipartisan, and I urge the support of this House... of Senate Bill 653."

"Question is, Shall the House adopt the First Conference Committee Report to Senate Bill 653? All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is open, and this is final action. Gentleman from Cook, Mr. Young, one minute to explain your vote."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of this Conference Committee Report and, if for no other reason, because it contains a pay raise for judges of election. Make sure everyone understands when they're voting, if you vote for this Bill, you're voting to give your election judges a pay raise. If you vote against this Bill, you're telling your election judges that they should be happy with what we're paying them right now."

"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 68 voting 'aye', 44 voting 'no', 4 voting 'present'. Mr... And the House does adopt First Conference Committee Report to Senate Bill 653. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Novak, the Gentleman from Kankakee, for what purpose do you seek recognition?"

"Thank you, Mr. Speaker. I would like to refer back to Senate Bill 1167. I inadvertently touched the 'yes' button, and I intended to vote 'no'. I'd like the record to reflect that."

"Let the transcript so reflect. On this Order appears House Bill 486. Mr. Clerk, read the Bill."

"House Bill 486, a Bill for an Act to amend the School Code. Conference Committee Report #1."

"The Lady from Cook, Ms. Didrickson." 137  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

"Thank June 30, 1987 you, Mr. Speaker, Members of the House. Conference Committee for House Bill 486 is a conservative approach to the gifted education legislation that has been passing through these two chambers. It allows that in the year January... in January 31st, 1991 that if the funding is there to implement the local plans for gifted, so approved by the Governor and the General Assembly, that a formula will then be instituted, but certainly not before that. I urge its adoption."

"Lady from Cook, Ms. Didrickson, moves that the House adopt... Excuse me. Just hold on for a... Ms. Didrickson. The Lady from Cook, Ms. Didrickson, moves that the House adopt Conference Committee Report #1 to House Bill 486. And on that, is there any discussion? There being... the Gentleman from McHenry, Mr. Klemm."

"Will the Lady yield for a question?"

"Indicates she'll yield for questions."

"Is this the state aid formula?"

"No, not at all."

"It's not."

"In terms of a formula, there would be a formula that would be implemented for gifted in the year '91, if approved by the General Assembly and the Governor, if the funds were there to implement a gifted education program in the State of Illinois."

"But it's not the general distribution..."

"No."

"Alright. Thank you very much."

"Question is, "Shall the House adopt Conference Committee #1 to House Bill 486?' All those in fav... Mr. Hultgren, I'm sorry. Gentleman from Warren, Mr. Hultgren, on House Bill 486."

"Will the Sponsor yield?" 138  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

"Indicates that she will." June 30, 1987

"In the House we amended this to require each school district to develop a plan for programs for gifted and talented and..."

"That's still in there."

"And that was in all grade levels for all subject matters, is that right?"

"Correct. This just addresses the implementation of such local programs for gifted."

"But the House Amendment #1 hasn't been changed."

"The local programs are still in there."

"Thank you."

"The question is, Shall the House adopt the Conference Committee Report #1 to House Bill 486?" 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 114 'aye', 1 voting 'no', none voting 'present', and the House does adopt Conference Committee #1 to House Bill 486. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 682. Mr. Clerk, read the Bill."

"Senate Bill 682, amends the Illinois Municipal Code. Conference Committee Report #1."

"Gentleman from Rock Island, Mr. Brunsvold."

"Mr. Speaker, I would yield to the Chairman of the Cities and Villages Committee, Representative Steczo."

"Mr. Brunsvold? Yes, Mr. Steczo."

"Thank you, Mr. Speaker, Members of the House. Senate Bill 682. in the First Conference Report, contains a number of items that relate to local governments. Conference Committee Report #1 provides that the Senate would concur 139  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 with House Amendment #1 which deals with municipalities subject to flooding hazards, posting copies of flood insurance rate maps and authorizing municipalities to license tree experts. It also provides that the Senate concur in House Amendment #5 which provided an elimination that the mayor and commissioners in cities of 20,000 or more devote 30 hours per week to their official duties in the commission form of government. In addition to that, it provides that the House recede from Amendment #2, but Amendment #2 has been worked out and the agreement appears in the text of the Conference Committee Report. In addition. Mr. Speaker, Members of the House, the Conference Committee Report provides that the language of House Bill 1279, with regard to local governments to base the selection of architectural engineering and land surveying services on qualifications, it provides a Section with regard to Winnebago County dealing with the mileage of a county highway system being 35 percent, rather than 25 percent. Also, it provides that we correct and clarify bond language that was contained last year in the actions that we took regarding liability judgments for local municipal governments. And finally, Mr. Speaker, included in the Conference Report to Senate Bill 682 is language that provides for the tax rate increase for the Emergency Services and Disaster Fund for local cities and villages. That language, as we all know, was inadvertently deleted by the General Assembly in legislation a few years ago, and it has been signed off on by both the Taxpayers' Federation, the realtors and others and there is no opposition to that. And I would move for the adoption, Mr. Speaker, of the First Conference Report."

"Gentleman from Cook, Mr. Steczo, moves that the House do adopt First Conference Committee Report to Senate 140  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Bill 682. And on that, the Gentleman from Vermilion, Mr. Black."

"Thank you very much, Mr. Speaker. Would the Gentleman yield?"

"Indicates he'll yield for questions."

"Thank you. Representative, I commend you for a very full and fair explanation of the Conference Committee Report. Let me just focus, if I might, on Article IV, the last thing you talked about, the tax rate increase for Emergency Services and Disaster Agency. I believe that enables them to increase that tax, which I think historically has been a nickel, if I read this correctly, up to 25 cents per capita without benefit of referenda. Is that correct?"

"Mr. Black, in response to your question, yes, that is true. It's five percent or 25 cents per capita, whichever - not to exceed 25 cents per capita. And let me point out, as I mentioned in the debate, that this is the Bill we were all aware of that was inadvertently deleted from the statutes under legislation that this General Assembly passed a few years ago. Everybody, from the Taxpayers' Federation, to the realtors, and all other groups that watch this type of thing, have signed off on this because everybody admits that an error was made and this tax should be reinstated. In fact, the same question passed the House almost unanimously just about a week and a half ago and the Senate just a few minutes ago provided approval of this report by a 51 to 7 vote."

"Thank you very much for that, and I think you're right. I remember that levy being authorized, and I was confusing the 25 cent per capita with a rate. I appreciate your explanation. Thank you."

"Representative Hallock. Representative Hallock." 141  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

"Thank you. June 30, 1987 I rise in support of the Bill. As one of the conferees, I worked with Representative Steczo on this to work out all these fine points. I think it addresses carefully many of the problems we have in the local government level. It's very important we pass this Bill, and I would urge every Member to support it."

"Mr. Clerk, please note that Representative Breslin is in the Chair. The Gentleman from DuPage, Representative Barger."

"Thank you, Madam Speaker. As another signer of the Conference Report, I wish to state that I have read it thoroughly, and that I agree with Mr. Steczo that it is highly desirable. I'd also like to comment on the fact that Mr. Steczo has done a fabulous job in the Cities and Villages Committee of bringing harmony to the Democrats and Republicans as a group, and it's been a pleasure to work with him. Thank you."

"The question is, 'Shall the House adopt the First Conference Committee Report to Senate Bill 682?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. This is final passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 80 voting 'aye', 30 voting 'no', and 5 voting 'present', and the House does adopt the First Conference Committee Report on Senate Bill 682. Going to the Order of Nonconcurrence appears Senate Bill 117, Representative McPike. Representative McPike, on 117."

"Thank you, Madam Speaker. Ladies and Gentlemen of the House. I move that the House refuse to recede from House Amendments #1 and 3 to Senate Bill 117 and I request a Conference Committee."

"Representative McPike, our files show that you 142  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 have already refused to recede on this. Is that okay? Very good. I understand Representative Giorgi did it for you, Representative McPike. On the Order of Conference Committee Reports appears Senate Bill 696, Representative Hicks."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I would move to concur with the First Conference Committee Report on Senate Bill 696 which makes strictly a technical correction in what was originally drafted in the Senate Amendment #1, and I'd be happy to try to answer any questions."

"The Gentleman has moved for the adoption of the First Conference Committee Report to Senate Bill 696. And on that question, the Gentleman from Winnebago, Representative Hallock."

"Will the Sponsor yield for a question?"

"He will."

"The language is, 'with shorter length of contractual continued service'. Does that impact on any contractual employees?"

"No, Sir, not as far as I know. The only thing was this one line was left out of the original Bill that came over and that's why I nonconcurred with the Senate Amendment. This line was just simply left out from one draft to the second draft and that was the reason for that."

"I appreciate that. Thank you."

"Can you tell us what the Bill does, refresh our memory as to what the Bill does, Representative Hicks?"

"Thank you. Madam Speaker, the Bill, 696, was the Bill that dealt with special education groups and dealing with seniority. Whenever a special ed had an agreement with another school district, then those special ed teachers were not allowed to take that seniority and bump those 143  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 teachers into the regular school contractual type of agreements they had. We passed it out of the House. We made some technical changes in it. Strictly technical all the way through with it."

"The question is, 'Shall the House adopt the First Conference Committee Report to Senate Bill 696?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. This is final passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 116 voting 'aye', none voting 'no', none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1263, Representative Curran. Make your Motion, Sir."

"Thank you, Madam Speaker. I move to accept the Conference Committee Report on Senate Bill 1263. This Report concurs in House Amendments 1 and 2 and adds clarifying language that schools may... maintaining any grades K through 9 may participate in the proposed model project."

"The Gentleman has moved to accept the First Conference Committee Report on Senate Bill 1263. And on that question, is there any discussion? Hearing none, the question is, 'Shall the House adopt the First Conference Committee Report to Senate Bill 1263?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. This is final passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 108 voting 'aye', 1 voting 'no' and 5 voting 'present', and the House does adopt the First Conference Committee Report to Senate Bill 1263. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1222, Representative 144  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day McAuliffe."

June 30, 1987 "Senate Bill 1263 is the... no, 1222 is the Department of Revenue's enforcement Bill. There is no changes in the Conference Committee. It's the same as it left the House."

"The Gentleman has moved for the adoption of the First Conference Committee Report to Senate Bill 1222. And on that question, is there any discussion? Hearing none, the question is, 'Shall the House adopt the First Conference Committee Report to Senate Bill 1222?* 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 116 voting 'aye", none voting "no", none voting 'present', and the House does adopt the First Conference Committee Report to Senate Bill 1222. And this Bill, having received the Constitutional Majority, is hereby declared passed. On Supplemental #1, Conference Committee Reports, appears House Bill 2838, Representative Peterson."

"Thank you, Madam Speaker. I move for adoption of Conference Committee Report #1 to House Bill 2838. The Bill stands in tact as it passed out of the House with the original language which amends the Insurance Code, and it also still has in tact, Senate Amendment 1 which adds to the Bill to provide the commercial insurers as well as personal insurers who offer excess or umbrella liability coverage need not provide uninsured or underinsured motorist coverage in such policies. We added in Conference Committee a technical correction to Senate Bill 1115. This has been cleared by both sides of the aisle. I ask for adoption of Conference Committee Report #1."

"The Gentleman moves for the adoption of the First Conference Committee Report to House Bill 2838. And 145  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 on that question, is there any discussion? Hearing none, the question is, "Shall the House adopt the First Conference Committee Report to Senate Bill 2838?" All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? This is final passage. 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', and the House does adopt the First Conference Committee Report to House Bill 2838. And this Bill, having received the Constitutional Majority, is hereby declared passed. On Supplemental #3, under Conference Committee Reports, appears Senate Bill 600, Representative Tony Young."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I move that the House adopt Conference Committee Report #1 for Senate Bill 600. What the Conference Committee does is recede from the House Amendment. Senate Bill 600 is an increase in the authorization for recreational programs for the handicapped. I move for its adoption."

"The Gentleman has moved for the adoption of the First Conference Committee Report on Senate Bill 600. And on that question, the Gentleman from DuPage, Representative Barger."

"Thank you, Madam Speaker. Ladies and Gentlemen of the House, may I have your attention for just one moment? The... Among the House Amendments that was removed from this was one that would require a back door referendum, and I thought you really ought to know about it. This is a good Bill for a good purpose, but I do think that it should have had that back door referendum, which the House decided was desirable and which the Senate has decided is not. I leave it to your judgement and I thank you." 146  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

June 30, 1987 "The question is, 'Shall the House adopt the First Conference Committee Report to Senate Bill 600?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. This is final passage. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? This is final passage on this Bill. It requires 60 votes for passage. As the Clerk reminds me, that means 60 affirmative votes. Have all voted who wish? Representative Wojcik, one minute to explain your vote."

"Yes, Madam Speaker and Members of the House, I'd like to explain to the Members of the House that this has been covered and spoken to with Doug Whitley of the Taxpayers' Federation and he realized the problems that the special ed people have in this area and; therefore, he has signed off on it. This is not a no with the Taxpayers' Federation."

"Representative Barger, for what reason do you seek recognition? You should know that you're not entitled to speak in debate."

"I don't want to debate it. All I want to suggest is that we call a Second Conference Committee Report and have that Amendment added back on."

"Have all voted who wish? Representative Matijevich, for what reason do you seek recognition?"

"Not now, we got it."

"Have all voted who wish? The Clerk will take the record. On this question there are 64 voting 'aye', 42 voting 'no' and 10 voting 'present', and the House does adopt the First Conference Committee Report to Senate Bill 600. And this Bill, having received the Constitutional Majority, is hereby declared passed. On Supplemental #2, under the Order of Motions, there is Representative Didrickson's Motion for Senate Joint Resolution 54. 147  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 73rd Legislative Day Representative Didrickson."

"Thank you. Thank you, Madam Speaker, Members of the House. I move to bypass Committee and ask for immediate consideration of Senate Joint Resolution 54."

"The Lady moves to bypass Committee and place Senate Joint Resolution 54 on the Speaker's Table for immediate consideration. Is there any discussion? Hearing none. the question is, 'Shall the House bypass Committee and place this Bill on the Speaker's Table for immediate consideration?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and with the use of the Attendance Roll Call, Senate Joint Resolution 54 will bypass Committee and be placed on the Order of the Speaker's Table for immediate consideration. Representative Didrickson, on the Resolution. Would you read the Resolution, Mr. Clerk? Just proceed with the Resolution, Representative."

"Thank you, Madam Speaker, Members of the House. This Resolution urges Congress to consider the Equity in Employment Security Financing Act or such legislation in order to ensure that we have state control, and it would substitute a state administrative tax for the current FUTA tax to finance the unemployment insurance and employment service systems. The systems revenues produce a ten percent FUTA tax which got sent to the federal government. It's collected by the IRS. It is then reappropriated back to the states. There's a loss as that gets sent back. For example, this year we sent in 130 million and we received back 110 million. There is a problem also with regards to a buildup of this fund at the federal level, almost two billion dollars. There's been some concern with accountability, 800 million dollars unable to explain where it has gone. We are experiencing at the state level a 25 148  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day percent reduction in administrative June 30, 1987 costs for the Department of Employment Security. We'd like to keep those dollars here in this state, and I urge the adoption of this Resolution."

Speaker Breslin: "The Lady has moved for the adoption of Senate Joint Resolution 54. And on that question, is there any discussion? Hearing none, the question is, 'Shall the House adopt Senate Joint Resolution 54?' All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair the 'ayes' have it, and Senate Joint Resolution 54 is adopted. Representative Matijevich, for what reason do you seek recognition?"

"Madam Speaker, as long as there's a lull, I think we all want to wish Tom Homer's parents a happy 50th anniversary."

"Absolutely. Where are they? Representative Mulcahey, for what reason do you rise?"

"Thank you, Madam Speaker. I would ask leave of the House to discharge... leave to discharge House Bill 250 from Elementary and Secondary Education Committee and place on the Order of First Conference Committee Report..."

"Would you like to bring your Motion to the podium first, please, and we'll discuss it with you?"

"Thank you."

"Representative Hartke, for what reason do you Hartke: seek recognition?" "Madam Speaker, I also understand it's Tom Ryder's anniversary today."

"Is that true, Representative Ryder? That's right. It's June 30th. How many years, Representative Ryder? Fourteen years. And how many years have you been in Springfield for your wedding anniversary? For four. We enjoy spending your wedding anniversary with you, Sir. 149  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Representative Homer, for what reason do you seek recognition?"

"Well, on the spirit of equal time, Madam Speaker, I wanted to extend my congratulations to Woody Bowman whose parents are having their 50th this Friday."

"Very good. Congratulations. Representative Ryder, for what reason do you seek recognition?"

"Yes, I just wanted to thank you and... for the good wishes and if you don't mind, we do have a dinner date, and I would appreciate it if you could speed up the process so that, for the first time in five years, I could spend this evening with her, if you don't mind. We'd appreciate it."

"Bauer's delivers, if you'd like to have it delivered here. Representative Ryder."

"No, I hadn't planned on such an intimate gathering with the hundreds of friends that are here. I was thinking more of just Peggy and I."

"On the Order of Concurrences, on Supplemental #3, appears House Bill 1699, Representative Ronan. Representative Cullerton, for what reason do you seek recognition? Representative Ronan, you're recognized to present your Motion, Sir."

"Thank you, Madam Speaker. I move to concur in Senate Amendment #1 to House Bill 1699. It's an agreed Amendment between the funeral homes and the cemetaries."

"The Gentleman has moved to concur in Senate Amendment #1 to House Bill 1699. And on that question, is there any discussion? Hearing none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1699?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. This is final passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 115 150  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 voting 'aye", none voting 'no' and none voting 'present', and the House does concur in Senate Amendment #1 to House Bill 1699. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Supplemental #1, under Conference Committee Reports, appears Representative Preston's Bill, Senate Bill 2354. Representative Preston."

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. House Bill 2354 and the Conference Committee Report on it is the Chicago Board of Education's plan to combine asbestos removal and rehabilitation in a coordinated manner. The Bill allows the Board of Ed to reenter the bond market and as you're aware, because of their financial responsibility now. their bonds are now marketable as is evidenced by Standard and "Twors and Moody's bond ratings which have upgraded the Chicago Board's bond ratings. In an effort to not raise any new taxes, this Bill allows the Board to pick up the debt service difference. This is the difference between the allowable rate and that which is necessary to pay off the existing bonds prior to 1979. So, there would not be a tax decrease. There would not be a tax increase for rehabilitation and asbestos abatement, which we have heard previously discussed and how important it is. The combination of these two initiatives would allow the Board to simultaneously rehab buildings and to do asbestos removal which is cost effective when they're done together, saves money and avoids, at the minimum cost duplicative efforts. If they did this separately, the cost of doing each would be far greater. The cost of doing the two separately would be far greater than doing the rehab work and the asbestos removal at the same time. The local school improvement councils will exercise a power over the 151  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 Board with regard to the local schools and the local school improvement councils' only limitation will be to work within the parameters of the money that's allocated to the local school and the statutory law and does not abrogate any collective bargaining agreements entered into by the Chicago Board of Education. I'd be glad to answer any questions, and I solicit your 'aye vote."

"The Gentleman has moved to concur... or to adopt the First Conference Committee Report on Senate Bill 2354. And on that question, the Gentleman from Winnebago, Representative Hallock."

"Thank you. Will the Sponsor yield? Does this raise the levy in that fund?"

"No, it holds the levy constant. It does not raise it at all."

"Does this shift the priorities of that fund?"

"Yes, it does."

"It shifts the priorities to this new concept, then."

"It shifts it to the building fund."

"Does this affect Cook County, or only the City of Chicago?"

"Just the city... Just the Chicago Board of Education, just the City of Chicago."

"Thank you."

"The Lady from DuPage, Representative Cowlishaw."

"Thank you, Madam Speaker. While we have been preparing this Conference Committee Report, several people have asked me if this report included any of the various proposals that have been floating around down here for quite some time in regard to splitting of the Chicago schools into various districts. I can assure you that there is nothing of that type in this Conference Committee 152  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Report. So, if any of you had questions about that, that's not included in this Conference Committee Report. This is a nice, clean Conference Committee Report. Thank you."

"The question is, "Shall the House adopt the First Conference Committee Report on Senate Bill 2354?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. This is final passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 86 voting 'aye", 20 voting 'no' and 8 voting 'present', and the House does adopt the First Conference Committee Report on Senate Bill 2354. And this Bill, having received the Constitutional Majority, is hereby declared passed. Agreed Resolutions."

"House Joint Resolution #117, offered by Representative Hensel. House Resolution 703, Currie; 707, Pullen; 708, Pullen and Kulas; 709, McPike; 710, Homer; and 711, Black and Johnson."

"Representative Matijevich, on the Agreed Resolutions."

"Madam Speaker, we have examined the Resolutions, and they are agreed to. And therefore, I'd move the adoption of the Agreed Resolutions."

"Representative Matijevich has moved for 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."

"Senate Joint Resolution 57, offered by Representative Kubik, in respect to the memory of Edwin Cudecki. House Resolution 712, offered by Representative Morrow, in respect to the memory of Stephanie Fasking. And House Resolution 713, offered by Representative Currie, in respect to the memory of June Mattick." 153  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987

"Representative Matijevich moves for 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. Calendar Announcement."

"Supplemental Calendar #4 is being distributed."

"Supplemental Calendar 4, on the Order of Conference Committee Reports, we will take up on this Order House Bill appropriations. And on this Order appears House Bill 482. Mr. Clerk."

"House Bill 482, a Bill for an Act making appropriations to the State Board of Education. Conference Committee Report #1."

"Gentleman from Lake, Mr. Matijevich."

"Speaker, Ladies and Gentlemen of the House, I'm happy to be the engine to start this train a rolling. House Bill 482 is the appropriation for the education, elementary and secondary education in the State of Illinois. And I think what most want to hear, and this includes the other education appropriation, the expenditures for FY 87 were 2,803,225,000. With this action out of general revenue and the common school funds, we will appropriate 2,818,857,000, a slight increase and primarily the Conference Committee - the major increase was in educational service centers. And I would be happy to answer any questions, but I think, considering our fiscal condition, this is all we can do at the present time. And I would move for the adoption of the Conference Committee Report..."

"Gentleman from Lake moves for the adoption of the First Conference Committee Report to House Bill 482. On that, is there any discussion? There being none, the question is, Shall the House adopt this Conference 154  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Committee Report? All in favor signify by voting 'aye', those opposed vote 'no". Voting is open, and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 114 'ayes', none voting "no" and none voting 'present, and the House does adopt ... Mr. Panayotovich votes 'aye'. On this question there are 115 'aye', none 'no", none 'present', and the House adopts the First Conference Committee Report to House Bill 482. This Bill. having received the Constitutional Majority, is hereby declared passed. And on this Order appears House Bill 770. Mr. Clerk, read the Bill."

"House Bill 770, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Department of State Police, together with Conference Committee... I mean, Conference Committee Report #1."

"The Gentleman from Adams, Mr. Mays."

"Thank you very much, Mr. Speaker. I think, if I could have the Members' attention for a second, if I had my way, I'd do an agreed Bill list and we could blow this stuff out of here, because I think, for the most part, the budgets have been examined by both parties. In lieu of that, though, I will briefly describe what we've gotten into with each one of the Amendment... or with each Report and get out of it, answer any questions you want. This is the State Police's budget, operations. It restores a million and a half for MEGS, restores... or changes the squad car funding. It restores a half million for sworn officer overtime 237,000 for forensic services; and 344,000 for the Metro-East State Police Office Building contractual lease in Collinsville. I move its passage."

"Gentleman from Adams moves for the adoption of the First Conference Committee Report to House Bill 770. 155  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day On that, is there discussion? There June 30, 1987 being none, the question is, "Shall the Conference Committee be adopted?" All in favor signify by voting 'aye", those opposed vote "no". Voting is open, and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 114 'aye', none voting 'no", 1 voting 'present', and the House adopts the First Conference Committee Report to House Bill 770, and this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears House Bill 773. Mr. Clerk, read the Bill."

"House Bill 773, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Illinois Commerce Commission, together with... Conference Committee Report #1."

"Thank you very much, Mr. Speaker. House Bill 773 is the operations budget for the Illinois Commerce Commission. It restores 1.6 million in transportation regulatory funds which the House had originally passed at. It creates a new rail safety division by reallocating within the transportation division, and it reallocates the Senate reductions of 216,000 in public utility funds. I move its passage."

"Gentleman from Adams moves for the passage... for the adoption of First Conference Committee Report to House Bill 773. There being no discussion, the question is, "Shall the First Conference Committee Report be adopted?" Those in favor signify by voting 'aye', those opposed 'no". Voting is open, and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 106 voting 'aye", 6 voting 'no', 2 156  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 voting 'present', and the House adopts the First Conference Committee Report to House Bill 773. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears House Bill 776. Mr. Clerk, read the Bill."

"House Bill 776, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Department of Veteran Affairs. Conference Committee Report #1."

"The Gentleman from Macon, Mr. Tate."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Conference Committee Report... House Bill 776 is the Veterans' Affairs budget. I move for its adoption."

"Gentleman from Macon, Mr. Tate, moves for the adoption of First Conference Committee Report to House Bill 776. And on that, the Gentleman from Effingham, Mr. Hartke."

"Will the Gentleman yield for a question?"

"Indicates he'll yield for questions."

"Do we have the funding back in this budget for those offices that were set to be closed?"

"For the 26 offices, the answer is yes."

"What about the original 11 that they were wanting to cut back?"

"The 11 that the Department did not request, the trucks left yesterday to go pick up the equipment."

"Pardon me?"

"I said, for the 11..."

"The answer is no, correct?"

"... that the Department didn't request, the trucks left yesterday to close those offices and pick up the equipment."

"Thank you." 157  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE. OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

"Gentleman from Franklin, Mr. Rea."

"Thank you, Mr. Speaker, Members of the House. concerned about this budget. field offices June 30, 1987 I am very I'm concerned about those that are being eliminated. One of the reasons is that there is a great need and especially in some of the rural areas, where they are being abolished. These people that are disabled, people that may be financially strapped will have difficulties. They may go to another home several miles away, cost them to travel there, may have to return at a later date, may not even be able to get in. I think we're doing a great injustice to the veterans whenever we do not fund those field offices. So, I am going to vote 'no' on this appropriation."

"Gentleman from Cook, Mr. Leverenz."

"Thank you, Mr. Speaker. Just to clarify the issue, and we even tried to find out if we could put the money in and force them to stay open. It is a plan by the administration that those offices be closed. If we put the money in the budget, it would simply be vetoed, and we don't have room for that at this point. I encourage your 'aye' vote to pass this Bill."

"Gentleman from Adams, Mr. Mays."

"Thank you very much, Mr. Speaker. I think the people of this chamber ought to know that we are adding back about a million four to the Department of Veterans Affairs budget for this purpose. The Auditor General recommended that these 11 offices be closed and in case you haven't heard, we got some tight times. As I said, this is a million four over its '87 levels. So, I would urge an "aye vote."

"Gentleman from Warren, Mr. Hultgren."

"Well, I join with the other Representatives who have spoken in concern about the cuts in the veterans' budget. Seems incredible to me that we have enough money in the 158  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 State of Illinois budget to have new airplanes for bureaucrats and we don't have enough money to take care of the people who fought and served this country overseas to protect our freedoms. So, I would join those who spoke just a moment ago in urging that this budget be defeated, send it back and let's have another Conference Committee and get it right."

"Gentleman from Perry, Mr. Goforth."

"Thank you, Mr. Speaker. As usual, this Assembly or this administration, it seems like they don't know what their priorities are. If we can't take care of the people that's died and fought for this country, we're... you know, people, we don't... none of us deserve to be here if we can't take care of people that's took care of us. We've got to get our priorities right. Our veterans and our old people that's fought and paid taxes all their lives for this country, we've got to take care of them. And if we don't, none of us deserves to be up here representing them. Thank you."

"Gentleman from DuPage, Mr. McCracken."

"Mr. Speaker, I move the previous question."

"Gentleman moves the previous question be put. Those in favor 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Gentleman from Macon, Mr. Tate, to close."

"Well, thank you, Mr. Speaker. This is the budget for the Department of Veterans Affairs. This has enough money to take care of the hospitals. It takes care of the veterans. It preserves all the field offices with the exception of the 11 that the Auditor General recommended to be closed. It's a good budget. It's fiscally sound. It's good for veterans, and I move for an 'aye' vote."

"Question is, "Shall the First Conference 159  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 Committee Report be adopted? 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 89 voting 'aye', 17 voting 'no', 5 voting 'present', and the House does adopt the First Conference Committee Report to House Bill 776. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears House Bill 777. Mr. Clerk, read the Bill."

"House Bill 777, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Department of Energy and Natural Resources. Conference Committee Report #1."

"The Gentleman from Adams, Mr. Mays."

"Thank you very much, Mr. Speaker. This budget is identical to the one that passed the House with the exception of a reallocation within the museum broad cast... within the museum grants line and I move for its passage."

"The Gentleman moves for the adoption of the First Conference Report to House Bill 777. There being no discussion, the question is, 'Shall the Conference Committee Report be adopted?' All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. And this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk ... Mr. Clerk, take the record. On this question, there are 105 voting 'aye', 5 voting 'no', 4 voting 'present'. And the House does adopt the First Conference Committee Report to House Bill 777. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears House Bill 780. Mr. Clerk, read the Bill." 160  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

"House Bill 780, a Bill for an June 30, 1987 Act making appropriations for the ordinary and contingent expenses of the Department of Labor. Conference Committee Report #1."

"The Gentleman from Adams, Mr. Mays on House Bill 780."

"Thank you, very much. This is the Department of Labor's budget. The increase in the monies for this Department are due to the court ordered expansion of the agencies public safety division. I move its adoption."

"The Gentleman from Adams moves for the adoption of the First Committee Report. There being no discussion, the question is, 'Shall the Report be adopted?' 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 109 voting 'aye', 5 voting 'no', none voting 'present'. And the Conference Committee is adopted. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order, on page 3 of the calendar appears House Bill 782. Mr. Clerk, read the Bill."

"House Bill 782, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Department of Aging. Conference Committee Report #1."

"The Gentleman from Macon, Mr. Tate."

"Thank you, Mr. Speaker. The Conference Committee Report House Bill 782 is Department of Aging's budget. All the parties on both sides of the aisle agreed to this and I move for its adoption."

"The Gentleman from Macon moves for the adoption of the First Conference Committee Report to House Bill 782. There being no discussion, the question is, 'Shall the Conference Committee Report be adopted?' Those in favor, 161  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 vote 'aye, those opposed vote 'no". Voting is open and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 'aye", 1 voting 'no', 1 voting 'present'. The House adopts the First Conference Committee Report to House Bill 782. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears House Bill 783. Mr. Clerk, read the Bill."

"House Bill 783, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Department of Mental Health and Developmental Disabilities. Conference Committee Report #1."

"The Gentleman from Macon, Mr. Tate."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is the Department of Mental Health's budget. I move for its adoption."

"The Gentleman from Macon, Mr. Tate moves for the adoption of First Conference Committee Report to House Bill 783. And on that, the Gentleman from Macon, Mr. Dunn."

"Will the Sponsor yield for a question?"

"Yes."

"Yes, he indicates he will."

"Does this Conference Committee Report take out Senate Amendment #1, I guess it is?"

"No."

"What about Senate Amendment #2?"

"That's gone."

"And that means that there is $163,700 gone from Meyer Zone Center and an additional $10 million in Committee to grants. Is that correct? Taken out by that Amendment?"

"There is a $44 million dollar increase over FY '87 levels 162  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 73rd Legislative Day of spending."

"Well, you want to prolong this. The Amendment does have ... Senate Amendment #2 has specific items for Zone Centers, $163,700 for Meyer, and an additional $10 million for community grants. And that's gone now from the Bill. Is that correct?"

"That is correct."

"Okay, thank you."

"The Gentleman from Kankakee, Mr. Novak."

"Yes, will the Sponsor yield, please?"

"He indicates he'll yield for questions."

"Representative, I understand that our analysis shows that the Senate receded from Amendment #2 deleting $22,305,300. Is that correct?"

"That is correct."

"Alright. What do we have left in the budget now, as far as commencement of the AFSCME contract and to provide for no layoffs?"

"Okay. The AFSCME money is essentially there. In the personal services line we provided overall 1.5 to 1 staff to patient ratio. It also provides for increases to take care of the Merit Compensation pay raises, the AFSCME contract. However, there is still a possibility that we'll incur some layoffs under this. But not anywhere close to the numbers that we were discussing earlier."

"What effect in this budget would have on the federal reimbursements to our facilities in the field?"

"That's ..."

"Will this budget affect decertification? Could it cause some facilities to become decertified?"

"Representative, the answer to that is, this General Assembly, by signing this Conference Committee Report, has agreed to put $44 million dollars above FY '87 levels of 163  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE spending. Now we certainly cannot provide the type of assurances to the question that you asked, because the question of decertification is, I'm sure you're aware of, is much more complex than even staff per patient ratios. There are other issues that are involved in terms of the decertification process of a facility."

"Thank you."

"The Gentleman from Saline, Mr. Phelps."

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

"He indicates he will."

"Representative Tate, did I hear you say that this was not funded at the '87 budget level? Is it above or below?"

"It is $44 million up."

"Above the '87 level?"

"Yes."

"Thank you."

"The Lady from Champaign, Ms. Satterthwaite."

"Will the Sponsor yield?"

"He indicates he will."

"One follow-up question to that. The $44 million, how is that divided between institutional and community care?"

"The... They're roughly even, Representative Satterthwaite. They're throwing different numbers at me. But the bottom line is, they're pretty close to being evenly distributed."

"As I recall when the Bill left the House, we had an additional $34 million dollars in for institutional care and about $10 million for community care."

"That is not quite what is was ... 24 and 10."

"Excuse me ... 24 and 10."

"24 and 10."

"And now that has been equally divided so that we have about ..." 164  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

"Closer to equal. We're not saying ... it's not right on the dime, but it's roughly equal."

"Thank you."

"The Gentleman from Cook, Mr. Bowman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of the Gentleman's Motion. These are difficult times and frankly, the Department of Mental and Developmental Disabilities, has done probably better than almost any other department in terms of finding an appropriation level to meet its needs, considering the very difficult financial straits we're in. The Bill that left the House, which everybody here voted for, received strong support, was augmented in the Senate with some additional funds. The only issue is another Senate ... an additional Senate Amendment that provided for further augmentation. So we feel that the first Senate Amendment, which added to our House Appropriation is the best we can do under the circumstances. It certainly adds to what we did in the House. And I think if all of you who supported the Bill when it was in the House the first time, should be very pleased to adopt this Conference Committee Report."

"The question is, 'Shall the House adopt First Conference Committee Report to House Bill 783? Those in favor vote 'aye', those opposed 'no'. 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 'aye', 1 voting 'no'. Mr. Morrow votes 'aye'. 115 'aye', 1 voting 'no', none voting 'present'. The House adopts the First Conference Committee Report to House Bill 783. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears 789. Mr. Clerk?"

"House Bill 789, a Bill for an Act making 165  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 appropriations for the ordinary and contingent expenses of the Department of Corrections. Conference Committee Report #1."

"The Gentleman from Adams, Mr. Mays."

"Thank you, very much, Mr. Speaker. This is the operations budget for the Department of Corrections. I think this pretty much comes as close as we can at this point to the guidelines that we have set forth to establish, and that being a budget that would afford no layoffs or close no institutions. This report would add roughly 19 million dollars to their budget over last years level. It's 19 million dollars over the House passed budget of last month. And I would move for its adoption."

"The Gentleman moves for the adoption of First Committee Report to House Bill 789. And on that, the Gentleman from Franklin, Mr. Rea."

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

"He indicates he'll yield for a question."

"Could you tell me how much was spent at Menard Correctional Center last year?"

"I cannot. I can tell you that all the ... I believe I can tell you that ... Mr. Chairman, I want to make sure this is right. I believe we have personal services for maximum security, for instance, statewide appropriated at the requested level."

"Okay. Do you know how much of an increase there is for personal services over last year?"

"I believe that would be around 17 million of the 19 million dollars."

"Okay. And then according to the report here, we've got 31,451,000. So, in your mind then, this would be sufficient to go ahead and maintain Menard Correctional Center. Is that correct?" 166  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

"I can't ... June 30, 1987 I can't tell you how this will be taken with the budget as a whole. If the Governor's got to make another 350 to 370 million dollars in cuts, I can't imagine the Department of Corrections escaping that handle. But I can tell you the way we're passing the budget right now is about 19 million dollars over the level that we passed it at last month. I believe that it would be adequate if it's signed intact to maintain all the head count in the Department of Corrections for the balance of the year."

"So the legislative action has been, or that will be taken here, then should provide that there should not be a layoff or ... and that all the people should be taken care of. Is that correct?"

"I believe so."

"Okay. That's my understanding too. So I just wanted to make that clear for the record. Thank you."

"The Gentleman from Cook, Mr. Bowman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of the Gentleman's Motion and just want to point out to the Body that we were ... the conferees were concerned about the airplane issue and took the money for the airplane out of their equipment line for the coming year. So don't worry, we have nicked them for that."

"The Gentleman from Lake, Mr. Matijevich."

"Mr. Speaker, I know there's others around here, just around this vicinity and I know, over there that have talked about this airplane issue. Because it really ... I think in the years that I've been around here, I hadn't seen anybody just disregard the appropriation process like Director Lane did in this airplane incident. This budget has got to go through. We've got to vote for it. And I thought, how can we show him that he really has got to pay 167  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day ... June 30, 1987 attention to the legislative process. And I thought, well maybe we ought to treat him like we do a new Legislator when we say 'Is this your first Bil1?" And everybody put up a 'no vote to tell Lane You better not do this again", and then when the Gentleman ... the Speaker says 'Have all voted who wish?", switch our vote to 'green' because it does have to be passed. But I think it would do a lot of good to show him and any director that they've got to pay attention to US. When we appropriate funds, we meet it. But that's the way the funds should be ... should be spent. And I for one, am going to put on a temporary 'no' vote and finally give a 'yes' vote. But I'm going to show him how I feel about it."

"The Gentleman from Macon, Mr. Dunn."

"I agree with everything the previous Gentleman said except you ought to leave your 'red' vote up there and draft another Conference Committee Report to remove this airplane, and then fund the Department of Corrections."

"The Gentleman from Clinton, Mr. Granberg."

"Will the speaker yield?"

"He indicates he will."

"Representative Mays, with the airplane issue, was the money appropriated for the pilot for the plane also taken out of the budget?"

"I'm glad you brought that out, because when we had the budget in front of us in the House, we made a special effort to put the money in on one Amendment in the Committee and then take it back out specifically on another. That was when we had it in the House. Now it's coming back. We've got it in front of the Conference Committee. We took down both the pilot and the airplane equivalence in their general office equipment line. So I don't know what else we can do. I think we're sending our 168  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 statement. I'm glad ... I think it has to be sent."

"Jeff, how much was the appropriation for the pilots salary?"

"$35,300, according to my staff."

"Well I just wanted to comment on Representative Matijevich. We had people come up here from our correctional facilities, and those guards asked us and we saw the Director Lane in our Appropriations Committee cry about the lack of money for guards, and he had the arrogance to appropriate that money for himself. And we have to tell these people, these guards, that that is the Director's priority. He doesn't care about them, but he cares about himself. And I concur with Representative Matijevich."

"The Gentleman from Cook, Mr. Shaw."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The problem that I have with this budget is the parole agents that exist in this budget. I believe it's around 159 parole agents. And it's not just the parole agents itself, the problem is that you have 159 parole agents and those parole agents are sitting up in the office doing paper work all day long and not out checking on the parolees. And I have talked to the Director about that, but he seemed... don't want to make any adjustments in terms of ... if they're going to allow these criminals, parolees to come out of the penitentiary, come into the neighborhood, and there is nobody out there checking on those people. The persons who are paroled out into the neighborhood are ... they have to come into the office where the parole agents are sitting, and that make it very difficult for a parole agent to check on a person, what they are doing. They can come into the office and tell them they're doing anything they want. But I would like to 169  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 see the paper work cut for these parole agents, where that they could go out into the field and check on these ... on the parolees, and make sure that the parolees are doing what they're supposed to be doing. And hopefully, next year, the Director will get the act together and cut the paper work and hire a few more secretaries to do that secretarial work that parole agents are now doing."

"The Gentleman from Cook, Mr. Kubik."

"Mr. Speaker, I move the previous question."

"The Gentleman moves the previous question be put. Those in favor, 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Gentleman from Adams, Mr. Mays to close."

"Thank you, very much, Mr. Speaker. I appreciate some of the comments and the support that we've gotten on this measure. And I would simply move its adoption."

"The question is, 'Shall the First Conference Committee Report be adopted?' All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is open. This is final action. The Gentleman from Cook, Mr. Preston, one minute to explain your vote."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise in support of the Conference Committee Report on House Bill 789. If those ... any of the Members here have had an opportunity to visit any of the correctional facilities around the state, you see the fantastic job that the Department of Correction does with a very difficult population, with assets that are not what they should be, and yet they manage to house some very dangerous and difficult people and do it all well. I think the Department of Corrections deserves this support."

"Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, 170  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day there are 80 ... June 30, 1987 ... Yes, Mr. there are 92 'aye', 18 voting 'no', 5 voting 'present'. And the House does adopt Martinez. Mr. Martinez votes 'aye'. Mr. Rice votes 'aye'. On this question, there are 94 voting 'aye', 16 voting 'no', 5 voting 'present'. And the House adopts the First Conference Committee Report to House Bill 789. And this Bill, having received the Constitutional Majority, is hereby declared passed. Now on Supplemental Calendar #4, on the Order of Nonconcurrence appears Senate Bill 1155. Mr. Clerk, read the Bill."

"Senate Bill 1155 amends the Civil Administrative Code of Illinois. The Senate has nonconcurred with House Amendment #2."

"The Lady from Cook, Ms. Braun."

"Thank you, Mr. Speaker. I move that the House nonconcur ... refuse to recede from House Amendment 2 and that a Conference Committee be appointed."

"The Lady from Cook moves that the House refuse to recede from House Amendment #2 to Senate Bill 1155. All those in favor signify by voting ... by saying 'aye', those opposed 'no'. In the opinion of the Chair, the 'ayes have it. And the House does refuse to recede from House Amendment #2 to Senate Bill 1155, and request that a Conference Committee be appointed. And now returning to Supplemental Calendar #4 on page 3 appears House Bill 791. Mr. Clerk, read the Bill."

"House Bill 791, a Bill for an Act making appropriations for the ordinary and contingent expense of the Department of Agriculture. First Conference Committee Report."

"The Gentleman from Adams, Mr. Mays."

"Thank you, very much, Mr. Speaker. House Bill 791 is the Department of Agriculture's operations budget. The basic 171  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 effect of the Conference Committee Report is to move the funds that were shifted in House Amendments to Ag Premium, back to General Revenue, and to move the Harvest to Heartland Program from General Revenue to Ag Premium. And I would simply move its adoption."

"The Gentleman from Quincy moves for the adoption of First Conference Committee Report. And on that is there any discussion? The Gentleman from Jackson, Mr. Richmond."

"Will the Speaker ... Thank you, Mr. Speaker. Will the Sponsor yield for a quick question?"

"He indicates he will."

"What's happened concerning the Farm Resource Stress Program in this budget? Could you answer that?"

"I believe that is at the same level as it passed the House. This is roughly $400,000."

"Thank you."

"The Gentleman from Franklin, Mr. Rea."

"Thank you, Mr. Speaker. I just wanted to express a little bit of concern as to the reallocation and as it relates in particular to one area. I know that some of these areas worked out quite well. But in terms of the recent purchase of the DuQuoin Fairgrounds, I noticed that there has been a reduction as far as repair maintenance and also some of the services there. And this could be an area that we may have to look at a little bit later on because of developing that as a multipurpose, hopefully as much of it as can be a year round facility."

"The Gentleman from Coles, Mr. Weaver."

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

"He indicates he will."

"Jeff, is there still funding in here for the Farm Resource Center?" 172  73rd Legislative Day

"Yes."

"Thank you." STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987

"It's at the level that it passed the House which is $400,000."

"Thank you."

"The Gentleman from Cook, Mr. Leverenz."

"Will the Sponsor yield?"

"He indicates he will."

"Everything is okay as far as we're concerned. I just wondered if there was any paramutual money in here to be used at the State Fair."

"I do not believe so."

"Yes or no."

"No."

"What is a 'no'?"

"No."

"Thank you."

"The Gentleman from McLean, Mr. Ropp."

"Thank you. Mr. Speaker. I am pleased that the appropriate funds have been shifted from the necessary Ag Premium Funds which were shored into the General Revenue Fund. And I think generally that in many of those areas, they're probably aren't sufficient to do the job, but in this particular year I think we all have to take our fair share. And this is a budget that ought to be approved at this time. Thank you."

"The question is, 'Shall the First Conference Committee Report be adopted?' Those in favor vote 'aye', those opposed '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 106 voting 'aye', 2 voting 'no', 3 voting 'present'. And the House does adopt the First 173  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day Conference Committee Report to House Bill 791. having received the Constitutional June 30, 1987 This Bill, is hereby that the Majority, declared passed. Mr. Stange? Mr. Stange wishes transcript would indicate that he would have vote 'aye' on the last Bill. Mr. Regan?"

"I also would have voted 'aye' on that issue, please."

"Mr. Regan also would have voted 'aye' on that issue. Supplemental Calendar."

"Supplemental Calendar #5 has been distributed."

"Supplemental Calendar #4, on page 3 appears House Bill 793. Mr. Clerk, read the Bill."

"House Bill 793, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Department of Local Government Law Enforcement Officers Training Board. First Conference Committee Report."

"The Gentleman from Adams, Mr. Mays."

"Thank you, very much. This is the operations budget for the Police Training Board. The Conference Committee restores the funding through the level as it passed the House. And then it adds about $400,000 in traffic... in criminal convention surcharge funds for boards, grants and aid line. I would move its adoption."

"The Gentleman moves for the adoption of the First Conference Committee Report to Senate Bill 793. There being no discussion, the question is, 'Shall the Conference Committee Report be adopted?' Those in favor vote 'aye', opposed 'no'. The voting is open and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting 'aye', none voting 'no', 1 voting 'present'. And the House adopts the First Conference Committee Report to House Bill 793. This Bill, having received the Constitutional Majority, is 174  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day hereby June 30, 1987 declared passed. On this Order appears Senate Bill ... I'm sorry House Bill 799. Mr. Clerk, read the Bill."

"House Bill 799, a Bill for an Act making appropriations for the Capital Development Board. First Conference Committee Report."

"The Gentleman from Adams, Mr. Mays."

"Thank you, very much. Mr. Speaker. I think this budget is indicative of kind of the attitude that we approached this budget year end. This is the new appropriations budget for the Capital Development Board. I think it's important to note that there are absolutely no member add ons on this budget. Senate Amendment #1 stripped off the House add ons. Senate Amendment #2 took out the new prison that was being discussed. The budget, as it is, is basically an executive Capital Development Board budget level. And I don't know of any time in my seven years, when there has not been any legislative add ons to this budget. I move its passage."

"The Gentleman from Adams moves for the adoption of Conference Committee Report #1 to House Bill 799. And on that, the Gentleman from Cook, Mr. Bowman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill, actually is very symbolic. Because it stands for all that we have attempted to do in trying to balance the budget this year. This is a no frills, no pork, no tax increase budget. And as the Representative Mays has said, there are absolutely no add ons on this Bill. This is typically a Christmas tree Bill. But this year it has been stripped bare. And I think it really stands for and symbolizes our commitment to a balanced, no tax increase budget. I move ... I support it."

"The Gentleman from Macon, Mr. Dunn."

"I had a little difficulty hearing, but do I understand 175  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 that one of the Senate Amendments deletes the money for construction of the new prison, about 44 million dollars?"

"Yes."

"Thank you."

"The question is, 'Shall the House adopt the First Conference Committee Report?* 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 108 voting 'aye, 5 voting 'no', none voting 'present'. And the House does adopt the First Conference Committee Report to House Bil1 799. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears House Bill 1163. Mr. Clerk, read the Bill."

"House Bill 1163, a Bill for an Act making appropriations to the Court of Claims. First Conference Committee Report."

"The Gentleman from Cook, Mr. Leverenz."

"Thank you, Mr. Speaker. The Conference Committee Report, we agree in Senate Amendment 1, 2, 3, and further amend it to include a total of 3,118,344. Additional, in awards for a total of 6,351,844. I now move to adopt the Conference Committee Report #1."

"The Gentleman moves for the adoption of the First Conference Committee Report. There being no discussion. the question is, 'Shall the Conference Committee Report be adopted?' 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 109 voting 'aye', 3 voting 'no', 4 voting 'present'. And the House does 176  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 adopt the First Conference Committee Report to House Bill 1163. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears House Bill 1234. Mr. Clerk, read the Bill."

"House Bill 1234, a Bill for an Act making reappropriations to the Capital Development Board. First Conference Committee Report."

"The Gentleman from Adams, Mr. Mays."

"Thank you, very much, Mr. Speaker. This is the reappropriations Bill for the Capital Development Board. And I would move its passage."

"The Gentleman moves for the adoption of the First Conference Committee Report to House Bill 1234. There being no discussion, the question is, 'Shall the Conference Committee Report be adopted?' Those in favor signify by voting 'aye', those opposed vote 'no'. Voting is open. This is final action. Have all voted who wish? Mr. Have all voted who wish? Have all voted who wish? Clerk, take the record. On this question, there are 105 voting 'aye', 8 voting 'no', 1 voting 'present'. And the House adopts the First Conference Committee Report to House Bill 1234. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears House Bill 1275. Mr. Clerk, read the Bill."

"House Bill 1275, a Bill for an Act making appropriations to the Attorney General. First Conference Committee Report."

"The Gentleman from Cook, Mr. Leverenz."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The Conference Committee Report reallocated 1,195,700, which was in the Bill originally, it just rearranged in the line items. The total budget then 177  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day amounts to 25,690,800. And I move to adopt Conference Committee Report #1."

"The Gentleman from Cook, Mr. Leverenz moves the House do adopt First Conference Committee to House Bill 1275. And on that, the Gentleman from Quincy, Mr. Mays."

"Thank you, very much, Mr. Speaker. This Bill... The Amendment that the Senate added on, that we are ending up concurring in, simply took the money that we had allocated for asbestos removal, the $1.2 million dollars, and reallocated it into contractual and equipment, and telecommunication line items within the Attorney General's general budget. Now I understand why he has to move and I believe that when we voted for the budget as it passed the House, we supported why. My concern is that with this move, we will see an operations budget grow and have a base for next year a million or two higher. So I will vote 'present' on this Bill."

"The Gentleman from Champaign, Mr. Johnson."

"I don't normally participate in discussions on the budget, but it would seem to me that, with respect to Representative Mays, we'll worry about what happens next year. This seems to me to be appropriate, something we've done before, and it's a budget that's well crafted. I would certainly want to vote for it along with Representative Leverenz and others."

"The question is, 'Shall the First Conference Committee Report be adopted?" All those in favor signify by voting 'aye", those opposed vote 'no'. Voting is open and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 99 voting 'aye', 6 voting 'no', 20 voting 'present'. And the House does adopt the First Conference Committee Report to House 178  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Bill 1275. And this Bill, having received the Constitutional Majority, is hereby declared passed. And now on page 4 of Supplemental Calendar #4 appears House Bill 1368. Mr. Clerk, read the Bill."

"House Bill 1368, a Bill for an Act making appropriations to the Office of State's Attorneys Appellate Prosecutor. First Conference Committee Report."

"The Gentleman from Cook, Mr. Leverenz."

"Thank you, Mr. Speaker. We have agreed to adopt the First Conference Committee Report, I hope, which increased the budget. We concur in Senate Amendment #1, $114,200, as it was the level that passed the House. And of the additional 114,200, an amount of $80,000 was added to the Child Witness Program. We've further amended the Bill to take 11,000 out of equipment and move it to the Child Witness Program. The bottom line remains the same. I would move for the adoption of Conference Committee Report #1."

"The Gentleman moves for the adoption of the First Conference Committee Report to House Bill 1368. Is there any discussion? There being none, the question is, Shall the Conference Committee Report be adopted?" Those in favor vote 'aye', those opposed 'no'. Those in This is final action. Voting is open. The Lady from LaSalle, Ms. Breslin, one minute to explain your vote."

"Thank you. Mr. Speaker, Ladies and Gentlemen. I have a conflict of interest in this appropriation. I, therefore, am not voting. Thank you."

"Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting 'aye', none voting 'no', none voting 'present'. And the House does adopt the First Conference Committee Report to House Bill 1368. And this Bill, having 179  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 received the Constitutional Majority, is hereby declared passed. On this Order appears House Bill 1636. Mr. Clerk, read the Bill."

"House Bill 1636, a Bill for an Act making appropriations to the Supreme Court. First Conference Committee Report.”

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

"Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1636, the appropriation for the courts in Illinois. The net increase in the courts in Illinois with the Conference Committee Report is 3,748,000 in General Revenue Funds. The bulk of this increase is in 2 million dollars restored for the probation pretrial services, as mandated by law that we passed last year, and 1 million dollars, as provided in start up funding for a mandatory Arbitration Pilot Program in the Circuit Courts. I would move the adoption of the Conference Committee Report on House Bill 1636."

"The Gentlemen from Lake moves for the adoption of First Conference Committee Report to House Bill 1636. There being no discussion, the question is, 'Shall the Report be adopted?' 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 101 voting 'aye', 8 voting 'no', 5 voting 'present'. And the House does adopt the First Conference Committee Report to House Bill 1636. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears House Bill 1897. Mr. Clerk, read the Bill."

"House Bill 1897, a Bill for an Act making 180  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day appropriations June 30, 1987 for the ordinary and contingent expense of the Office of State Treasurer. First Conference Committee Report."

"The Gentleman from Cook, Mr. Leverenz."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. We concur in Senate Amendment #1 which is a reduction, and #2 which is a reduction. Senate Amendment #3 was a restoration of 369,200, and further, that the Agency now gets 12,635,300 in General Revenue. And the total budget with the bonds etc., is 519,162,800. I now move for the adoption of the Conference Committee Report #1."

"The Gentleman from Cook, Mr. Leverenz, moves for the adoption of First Conference Committee Report to House Bill 1897. And on that, there being no discussion, the question is, "Shall the Report be adopted?" 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', 4 voting 'no', 2 voting 'present'. And the House does adopt First Conference Committee Report to House Bill 1897. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears House ... On this Order appears Senate Bill 319. Mr. Clerk, read the Bill."

"Senate Bill 319, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Environmental Protection Agency. First Conference Committee Report."

"The Gentleman from Adams, Mr. Mays."

"Thank you, very much. This is the appropriations for the Environmental Protection Agency. I would move its 181  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day adoption." June 30, 1987

"The Gentleman from Adams moves for the adoption of the First Conference Committee Report to Senate Bill 319. There being no discussion, the question is, 'Shall the Report be adopted?" All in favor vote 'aye', those opposed "no". In the opinion ... This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Hicks? On this ... Mr. Clerk, take the record. On this question, there are 112 voting ... 113 'aye', 1 voting 'no', 1 voting 'present'. And the House does adopt the First Conference Committee Report to Senate Bill 319. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 731. Mr. Clerk, read the Bill."

Clerk O'Brien: "Senate Bill 731, a Bill for an Act to legalize and validate certain appropriations and tax levy ordinances for the City of Aurora. First Conference Committee Report."

"The Gentleman from Winnebago ... The Gentleman from Winnebago, Mr. Giorgi."

"I move for the adoption of the First Conference Committee Report on Senate Bill 731. We ... the Senate concurs in House Amendment #1 which is the Aurora validation, and House Amendment #2 which is the Kane County validation. And the other language is a cleanup validation for Cook County Forest Preserve Districts in the Cook County government. I urge the adoption of First Conference Committee Report on Senate Bill 731."

"The Gentleman from Winnebago, Mr. Giorgi moves for the adoption of First Conference Committee Report to Senate Bill 731. And on that, the Gentleman from DuPage, Mr. McCracken."

"So the appropriations for '86 are approved for the 182  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Kane County, City of Aurora, Cook County Forest Preserve and Cook County generally?"

"There's a couple of items ... The language they thought they needed is thus. That certain amounts of money appropriated and levied for a particular fund were transferred from one appropriation to another appropriation within the same fund, where the total amount of money appropriated and levied for the fund was not affected."

"The question is, 'Shall the Report be adopted?' 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 83 'ayes', 23 'nos', 2 voting 'present'. And the First Conference Committee Report to Senate Bill 731 is adopted. This Bill, having received the Constitutional Majority, is hereby declared passed. Okay. Yes. Alright, we've not Alright, Representative Daniels 'aye'. So there are 84. Alright. Mr. Olson, 'aye'. 84 ... 85 voting 'aye', 23 'no', 2 voting 'present'. And the Conference Committee Report is adopted. And this Bill, having received the Constitutional Majority, is hereby declared passed. Now on Supplemental Calendar #5 appears House Bill 1859. Mr. Clerk, read the Bill. Mr. Hultgren, for what purpose do you seek recognition? Mr. Clerk, 1859."

"House Bill 1859, a Bill for an Act to amend the Illinois Development Finance Authority Act. First Conference Committee Report."

"The Gentleman from Madison, Mr. McPike."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move for the adoption of the First Conference Committee Report to House Bill 1859. This is a cleanup of the IDFA Bill that we passed the other day, Senate Bill 183  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 1112. It removes ... it's really a technical cleanup of that, but it also is a cleanup of 1113, the unclaimed property law that we passed the same day. And it makes it easier for financial institutions to comply with the Bill. It makes it easier for reporting for the financial institutions. It also provides additional money in FY '88 for IDFA, GRF and I believe, about 20 million dollars extra for pensions. Within the Bill, we allow state chartered banks to engage in security business and we've dropped the holding company requirement of 7% capital. I'd be glad to answer any questions on the Bill."

"The Gentleman from Madison, Mr. McPike moves for the adoption of First Conference Committee Report to House Bill 1859. And on that, the Gentleman from Cook, Mr. Parke."

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

"He indicates he will."

"Thank you. Representative, it's my understanding that there's no provisions in here that allow banks to sell insurance. Is that correct?"

"That's correct."

"Thank you."

"The Gentleman from Warren, Mr. Hultgren."

"Will the Sponsor yield?"

"He indicates he'll yield for questions."

"Yes, directing your attention to pages 40 and 41 of the Conference Committee Report, and specifically at a subparagraph 6 toward the bottom of the page, continuing on to page 41, there's certain language deleted with regard to the Bank Holding Company ratio. Can you explain to me what that was and why we're deleting it please?"

"Which paragraph ... We found the page, could you tell us the paragraph again?" 184  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

"Yes, Sir. June 30, 1987 6, At the bottom of page 40, subparagraph it appears that we're deleting some language there with regard to the bank holding company ratio. Can you explain what that is and why we're deleting it?"

"Well, that when we first went to Bank Holding Companies and I think it was an unnecessary precaution. It's a 7% capital of asset ratio, and I think we put it in there only in the beginning to make sure that the program got off to a good start. Since then, we've had a number of acquisitions. We've had no problems whatsoever with the Holding Company Law in Illinois. And I think it's time to move another step forward in modern banking practices. And this is a good way to do it." provision was put in a number of years ago

"And do I understand that we're removing the 7% ratio? McPike: Are we..." "Yes."

"Do I find any language in here that replaces it with McPike: any other ratio, or will there be no test at all at this point for the holding companies?" "That's correct."

"That there will be no test at all?"

"Well, not in this area there won't. But we don't change any of the requirements in law, as far as any other laws that they have to comply with. We still have a director that oversees, both the acquisitions of bank, and the day to day operations of the bank."

"Will this affect the financial soundness of the bank holding companies after the mergers?"

"No. None whatsoever."

"Thank you for responding to my questions."

"The Gentleman from Bureau, Mr. Mautino."

"Thank you, Mr. Speaker. Will the Gentleman yield?" 185  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987

"He indicates he'll yield for questions."

"Representative McPike, when we first established the 7% provision, which happened to be my Amendment at that time, we provided that Amendment so that there would be a safety factor in the acquisition and the holding company provisions. By removing the 7% asset ratio, are you then not taking out the safety valve under the Holding Company Act, that was the original intent of that Amendment?"

"I think it was a ... number one it was a compromise to get the Bill passed. I think I was the Sponsor of the Bill at that time, if I recall. And it was a compromise, probably, to get one additional vote. It really hasn't been necessary. I'm sure that the IBA is for it. And the ICBI is probably against it. And there's nothing that I could do or say on this House Floor that would change the ICBI's position."

"Do you feel comfortable with the removal of the 7% provision?"

"Well, I feel comfortable that Bill Harris still oversees the acquisition of banks, and that we have not had any more bank failures in this State, as a result of Bank Holding Company Law. In fact, I can't ... I don't know of any Bank Holding Company that has been in any trouble since we passed the Bill. If we've had some small banks fail in Illinois, it's certainly ... I'm sure that they were not members of a bank holding company that was acquired since the passage of that Bill."

"To the Conference Committee, Mr. Speaker."

"Proceed, Sir."

"It's difficult to remove a protective provision that was provided in the implementation of an Act. When Representative McPike originally provided for the legislation that authorized the Bank Holding Company Act, 186  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 one of the main concerns was the safety factor, and that's when we adopted that provision. I'm probably sure that you feel comfortable with the seven and a half percent removal. I don't happen to be. I'm sure the Bill will probably fly out of here, but I find it difficult to support the removal that was established under the safety factor provisions."

"The Gentleman from Livingston, Mr. Ewing."

"Mr. Speaker, Ladies and Gentlemen of the House. Will the Sponsor yield?"

"He indicates he'll yield for questions."

"Representative McPike, was the banking part of this Bill ... did it go to Committee this year or ...?"

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

"Was this issue discussed in Committee this year?"

"I'm not a member of that Committee, Sir. I really don't know."

"This 7% capital to asset ratio. That's the part I'm talking about. Did that go through the Banking Committee, do you know?"

"I don't know, Sir. I really don't. I've no idea."

"This year. Well, Ladies and Gentlemen of the House. This is an important issue. For several years, in my opinion, we, in this General Assembly, have done almost everything we can to destroy the Unit Banking System in Illinois. Now many of you may appreciate that, may agree with it. But this is just another nail in the coffin of the small banks in Illinois. It's important to have that protection. Now the only reason we would want to take that out, is if we were with some wheeler dealers, and they can make a lot more money by running institutions that weren't as well financed. Ladies and Gentlemen, why do we want to destroy our banking system? I suppose because the big banks know how to invest in South America. I'd like to 187  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 have all of our banks involved in things like that, and then we'd have a great system. Well let's just keep dismantling the Unit Banking System in Illinois and some day you're going to come back here and rue the day that we started it. I suggest that this Bill, at the last hour, on the last night, is ill advised and the 'no' vote is the way to go on it."

"The question is, 'Shall the House adopt the First Conference Committee Report to House Bill 1859?' All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. This is final action. The Gentleman from Cook, Mr. McGann, one minute to explain your McGann: vote." "Thank you. Mr. Speaker, Members of the Assembly. I want to declare a possible conflict of interest. But also, in conscience, I would have to vote for this measure. And as much as I was very strong in regards to the 7% when the Banking Bill came before us a few years ago, and we finally got it inserted, I know the experience factor has been there, and we've had no problems, and I do believe that now's the time to relieve that measure. And I'm going to have to vote 'aye' in good conscience, but I want to be sure to declare my possible conflict of interest. Thank you."

"The Gentleman from Madison, Mr. McPike, one minute to explain your vote."

"I really don't think I have to. We have 70 votes. I just wanted to indicate that this is the only chance that we have this year to put another 20 million dollars into our Pension Fund. So if you want 20 million dollars, here's your chance."

"Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, 188  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 there are 78 voting 'aye', 31 voting 'no", 5 voting 'present". And the House does adopt the First Conference Committee Report to House Bill 1859. This Bill, having received a Constitutional Majority, is hereby declared passed. Supplemental Calendar."

"Supplemental Calendar #6 has been distributed."

"Supplemental Calendar #3, on the Order of Nonconcurrence appears Senate Bill 237. Mr. Clerk, read the Bill."

"Senate Bill 237, a Bill for an Act making appropriations to the Auditor General, together with House Amendments 1 and 2."

"The Gentleman from Cook, Mr. Keane."

"Thank you, Мг. Speaker. I move to recede from House Amendments #1 and 2 to Senate Bill 237. And this puts the Auditor General's appropriation in the format that we desire it. And I'd ask for a favorable Roll Call."

"The Gentleman from Cook, Mr. Keane moves that the House do recede from House Amendments #1 and 2 to Senate Bill 237. And on that, there being no discussion, the question is, 'Shall the House recede from House Amendments 1 and 2?' All in favor signify by voting 'aye', those opposed vote 'no'. Voting is open and this is final action. This is final action. Voting is open. Have all voted who wish? The Gentleman from Winnebago, Mr. Hallock. Mr. Hallock? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 110 voting 'aye', none voting 'no', 2 voting 'present'. The House does recede from House Amendments 1 and 2 to Senate Bill 237. And this Bill, having received a Constitutional Majority, is hereby declared passed. On this Order ... I'm sorry ... On this Supplemental Calendar #3, on the Order of Conference Committee Reports appears Senate Bill 317. Mr. Clerk, read 189  73rd Legislative Day the Bill." STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES

TRANSCRIPTION DEBATE Clerk O'Brien: "Senate Bill 317, a Bill for an Act making appropriations to the ordinary and contingent expenses of the Department of Conservation. First Conference Committee Report."

"The Gentleman from Adams, Mr. Mays."

"Thank you, very much, Mr. Speaker. This is the operations budget for the Department of Conservation. The main effect of the Conference Committee Report, I believe, from the House perspective, is that the expanded sites initiative were put into new sites. And I think that's basically the impact of this Conference Committee Report. I would move its adoption."

"The Gentleman moves for the passage ... for the adoption of First Conference Committee Report to Senate Bill 317. There being no discussion, the question is, *Shall the Report be adopted?" 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? Mr. Clerk, take the record. On this question, there are 107 voting 'aye', 3 voting 'no' and 3 voting 'present'. Yes, Mr. Mulcahey votes 'aye'. 108 voting 'aye', 3 voting 'no', 3 voting 'present'. And the House adopts the First Conference Committee Report to Senate Bill 317. This Bill, having received a Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 322. Mr. Clerk, read the Bill."

"Senate Bill 322, a Bill for an Act to provide for the ordinary and contingent expenses of the Office of the Governor. First Conference Committee Report."

"The Gentleman from Adams, Mr. Mays."

"Thank you very much. This is the operations budget for 190  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 the Office of the Governor. It's a Fiscal '87 level funding. And I would move its adoption."

"The Gentleman from Adams moves for the adoption of the First Conference Committee Report to Senate Bill 322. Is there any discussion? There being no discussion, the question is, 'Shall the Report be adopted?" Those in favor signify by voting 'aye', those opposed vote 'no'. Voting is open and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting 'aye', 1 voting 'no", 2 voting 'present'. The House adopts the First Conference Committee Report to Senate Bill 322. And this Bill, having received a Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 326. Mr. Clerk, read the Bill."

"Senate Bill 32 326, a Bill for an Act making appropriations for the ordinary and contingent expense of the Industrial Commission. First Conference Committee Report."

"The Gentleman from Adams, Mr. Mays."

"Thank you, very much, Mr. Speaker, Ladies and Gentlemen of the House. This is the operations budget for the Industrial Commission. The net impact of the Conference Committee is to restore the dollars for this Commission's operations to the level as it passed the House. I would move adoption."

"The Gentleman moves for the adoption of First Conference Committee Report. There being no discussion, the question is, 'Shall the Report be adopted?" 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? 191  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 Mr. Clerk, take the record. On this question, there are 102 voting 'aye', 7 voting 'no', 2 voting 'present'. And the House does adopt the First Conference Committee Report to Senate Bill 326. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 327. Mr. Clerk, read the Bill."

"Senate Bill 327, a Bill for an Act making appropriations for the ordinary and contingent expenses for the Department of Insurance. First Conference Committee Report."

"The Gentleman from Adams, Mr. Mays."

"Thank you, very much, Mr. Speaker. This is the operations budget for the Department of Insurance. The net effect of the Conference Committee Report is to reduce the travel lines by $20,000, and that is about it as far as the House is concerned. I would move its adoption."

"The Gentleman moves for the adoption of First Conference Committee Report. There being no discussion, *Shall the First Conference Committee Report be adopted?" Those in favor vote 'aye', those opposed '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 112 voting 'aye', none voting 'no', 1 voting 'present'. And the House does adopt the First Conference Committee Report to Senate Bill 327. This Bill, having received a Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 332. Mr. Clerk, read the Bill."

"Senate Bill 332, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Department of Mines and Minerals. First Conference 192  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 73rd Legislative Day Committee Report."

"The Gentleman from Adams, Mr. Mays."

"Thank you, very much, Mr. Speaker. This is the operations budget for the Department of Mines and Minerals. It is basically at the House level as it passed earlier this month, and I would move its adoption."

"The Gentleman moves for the adoption of First Conference Committee Report. There being no discussion, 'Shall the First Conference Committee Report be adopted?' All those in favor signify by voting 'aye', those opposed '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 109 voting 'aye', 1 voting 'no', 3 voting 'present'. And the House does adopt the First Conference Committee Report to Senate Bill 332. And this Bill, having received a Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 337. Mr. Clerk, read the Bill."

"Senate Bill 337, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Department of Registration and Education. First Conference Committee Report."

"The Gentleman from Adams, Mr. Mays."

"Thank you, very much, Mr. Speaker. This is the operations budget for the Department of Registration and Education. The net effect of the Conference Committee Report is to adopt the Senate reductions in GRF and restore the House level on the Real Estate License Administration Fund. I would move its passage."

"The Gentleman moves for the adoption of the First Conference Committee Report. There being no discussion, 'Shall the First Committee Report be adopted?' All in favor signify by voting 'aye', those opposed vote 193  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day *no". Voting June 30, 1987 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 113 "ayes", none voting 'no', none voting 'present'. And the House does adopt the First Conference Committee Report to Senate Bill 338. And this Bill, having received a Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 580. Mr. Clerk, read the Bill. Alright. To correct the record, on the previous Bill, was Senate Bill 337. And on that the Roll Call applied that I announced just now, applies to Senate Bill 337. Now on this Order appears House Bill ... Senate Bill 338. Mr. Clerk."

"Senate Bill 338, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Department of Revenue. First Conference Committee Report."

"The Gentleman from Adams, Mr. Mays."

"Thank you, very much, Mr. Speaker. This is the Department of Revenue's operations budget. The net effect of the Conference Committee Report is to reflect the 10 million dollar tax increment finance district level. It reflects about a 13 million dollar reduction in unitary tax refunds, and about 2.7 million dollar increase in pharmaceutical assistance grants. I would move its adoption."

"The Gentleman moves for the adoption of the First Conference Committee Report to Senate Bill 338. All those in ... The Gentleman from Rock Island, Mr. DeJaegher."

"Representative Mays. will the Rock Island office be closed as part of this appropriation measure?"

"I don't know."

"Representative Leverenz, could you answer that 194  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 question for me? Will the Rock Island County facilities be closed under this appropriation?"

"Mr. Leverenz?"

"Would the Gentleman repeat his inquiry?"

"Under this appropriation will the Rock Island County facility be closed?"

"Never."

"The question is. 'Shall the Report be adopted?' All in favor signify by voting 'aye', those opposed vote 'no'. Voting is open and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 108 voting 'aye', 3 voting 'no', 4 voting 'present'. And the House does adopt the First Conference Committee Report to Senate Bill 338. This Bill, having received a Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 580. Mr. Clerk, read the Bill."

"Senate Bill 580, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Office of State Treasurer. First Conference Committee Report."

"The Gentleman from Cook, Mr. Leverenz. Mr. Leverenz?"

"Yes, thank you. I just ... Senate Bill 580, the Conference Committee Report ... We concur in Senate Amendments #1 and 3. And House Amendment #1 makes a supplemental appropriation. The total there is 95,400.02. And we also changed the title so that it goes to various agencies. And thirdly, we add $2,240,000 transfer from General Revenue Foster Care to Specialized Foster Care line item. I now move that we accept the Conference Committee Report." 195  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

June 30, 1987 "The Gentleman moves that the House do adopt the First Conference Committee Report to Senate Bill 580. Is there any discussion? The Gentleman from Cook, Mr. Terzich."

"Yes, Representative Capparelli intimidated me. And I wanted to vote 'yes' on Senate Bill 338." Speaker Greiman: ... "Let the transcript so reflect. If there are no There's no discussion in respect to 580. The question is, 'Shall the First Conference Committee Report be adopted?' Those in favor vote 'aye', those opposed 'no'. Voting is open and this final action. Have all voted? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 110 voting 'aye', 5 voting 'no', none voting 'present'. And the House does adopt the First Conference Committee Report to Senate Bill 580. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 839. Mr. Clerk, read the Bill."

"Senate Bill 839, a Bill for an Act making appropriations to the Secretary of State. First Conference Committee Report."

"The Gentleman from Adams, Mr. Mays."

"Thank you, very much, Mr. Speaker. This is the Department of Transportation operations budget. It reflects a no tax transportation road plan. And that effect of the Conference Committee Report was to fund the Division of Water Resources. It was to address some of the lines involving the truck purchases and things like that, and reflected some of the Senate cuts. We added in some for engineering throughout the State. I would move its adoption."

"The Gentleman moves for the adoption of the 196  73rd Legislative Day First STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE Conference Committee June 30, 1987 Report. There being no discussion, 'Shall the Report be adopted?" Those in favor vote 'aye', those opposed '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 98 ... 99 voting 'aye', 13 voting 'no', 3 voting 'present'. And the First Conference Committee Report to Senate Bill 839 is adopted. And this Bill, having received a Constitutional Majority, is hereby declared passed. On Supplemental Calendar #2, on the Order of Nonconcurrence appears Senate Bill 310. Mr. Clerk, read the Bill."

"Senate Bill 310, a Bill for an Act to amend the School Code, together with House Amendment #1 and 2."

"The Lady from DuPage, Ms. Cowlishaw."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move that the House refuse to recede from House Amendments #1 and 2 to Senate Bill 310."

"The Lady moves that the House refuse to recede from House Amendments #1 and 2 to Senate Bill 310. Is there any discussion? There being none, the question is. 'Shall the House refuse to recede from House Amendments 1 and 2?' Those in favor say 'aye', those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the House does refuse to recede from House Amendments #1 and 2 to Senate Bill 310, and a Conference Committee is requested. Supplemental Calendar Announcement."

"Supplemental Calendar #7 is being distributed."

"On House Calendar, Supplemental Calendar #4, on page 4 appears House Bill 2034. Mr. Clerk, read the Bill."

"House Bill 2034, a Bill for an Act to amend the Capital Development Board Act. First Conference Committee Report." 197  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987

"The Gentleman from Cook, Speaker Madigan."

"Mr. Speaker, Ladies and Gentlemen of the House. This Conference Report relates to a House Bill which provided for certain language relative to Port Authorities. So, number one, there is the creation of a Port Authority in Southern Illinois along the Mississippi River ... rather the Ohio River. Number two, there is a provision which would eliminate the referendum requirement before the Joliet Port District were to purchase an airport from Lewis College. And lastly, there is a refinancing provision for the Chicago Regional Port District in Chicago. I move for the adoption of the Report."

"The Gentleman from Cook, Mr. Madigan moves that the House adopt the First Conference Committee Report. And on that, is there any discussion? The Gentleman from Will, Mr. Wennlund."

"Thank you. Mr. Speaker and Ladies and Gentlemen of the House. Senate Amendment #1 was a Senate Amendment sponsored by Democratic Senator Tom Dunn, who represents the 42nd District, which makes up both the 83rd and the 84th Representative Districts. That Amendment provided that before the Joliet Regional Port District could build, construct and establish a toxic waste incineration device, they would have to go to a public referendum. That Amendment would prevent Will County from becoming a dumping ground for toxic waste from throughout the United States. We've been talking about toxic waste. Representative Huff talked about it earlier today. This is a dangerous situation that exists now. It allows the Joliet Regional Port District whose members are appointed for six years. They are not responsible to the public. The public has no input whatsoever to the commissioners of the Joliet Regional Port District. The location of this toxic waste 198  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 incineration device would be in the 84th District, in my district. I ask the Members of this House to think about that. Think about whether or not you would like a toxic waste incineration device in your district without any local input from the voters in your district. Do you want your own district to become a dumping ground for toxic waste from all of the contiguous 48 states. Think about that. Think about whether or not ... When the issue was up earlier this morning about the storage of spent nuclear fuel, do you want this type of an incineration device located in each and every one of your districts, without public input. That's what Senate Amendment #1 did. It provided that before the Joliet Regional Port District could do this, they would have to go to a referendum and gain public support. To remove that Amendment disenfranchises the voters of the entire 42nd Senatorial District. It was a Democratic Senator, Tom Dunn who proposed this Amendment. It is a good Amendment. I ask each and every one of you to think about voting on this issue. I would ask for your "no" vote to not concur in the Conference Committee Report. This report should be defeated. The matter should go back and be considered. And maybe be considered in the Fall. I would not shove down the throats of the voters and the residents of any one of your districts, a toxic incineration device without public input. We've heard nothing this session, but let's give the people, let's give the residents of the district more say in government. The Joliet Regional Port District gives nobody a say in government. They are not elected like you and I are. They are appointed for six long years. They could, under the terms of the Bill as it exists now, they could erect this toxic waste incineration device, bond for it, and lease it out for 99 long years, 199  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 without any public controls whatsoever. Without any zoning necessary whatsoever. I urge a 'no' vote. Thank you."

"The Gentleman from Will, Mr. Van Duyne."

"Thank you, Mr. Speaker and Members of the House. Please listen for just a moment. This Amendment is addressed to the Joliet Port Authority only. There are 13 Port Authorities in the State of Illinois and it is not addressed ... none of those are addressed in this Bill. The Bill is pointedly aimed at the Joliet Port Authority and their members. It does not address any Member of this House. It does not address any management ... Waste management could come into Will County and go through all the paraphernalia that they have to, as far as making application and applying for siting and applying for license, without a referendum. If I can use the name of Art Turner. Art Turner and I could make all the applications in Will County for a waste method that the Gentleman just talked about without going through a referendum. Now, you talk about fair. You talk about shoving things down peoples throat. We have been in the process of expanding the airport in Joliet ... in Lewis College Airport for the past 4 years. The Gentleman that talked a minute ago, the two towns in his very district, Lockport, the City of Lockport, the Lockport Park District, all elected officials. The Village of Romeoville, the City of Joliet, all passed Resolutions to the effect that we should have this expansion. This is not any circumvention of the will of the people. This is four years in the processes of evolution. And all because of the vindictiveness of the people involved and the selfishness of the previous speaker who's involved in this as a private lawyer. We have to go through this time, after time, after time. We defeated this very same thing for the last three 200  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 years in a row when Representative Davis fought it. And because of just misunderstanding and innuendo and panic peddling every time this thing comes up, we have to go through this. And I support the Gentleman's Motion."

"The Chair reminds the Members not to use personalities. The Gentleman from Will, Mr. Regan."

"Thank you, Mr. Speaker, Members of the House. There's one reason here you have to look at this referendum proposal. The reason that the Democratic Senator put this in, is because the Joliet Port Authority does not have to go through zoning ordinance. Waste management comes to Will County, they have to go through a series of checks and balances before. No referendum, but certainly the normal checks and balances. The normal checks and balances of the Will County Board. You voted for 1013 to clean that up so the Board has control. The Joliet Port Authority has absolutely no control over the County Board. Vote 'no on this, please."

"The Gentleman from Cook, Mr. Madigan to close."

"Thank you, Mr. Speaker. The matter has been thoroughly debated. The House has already passed this Bill. I would recommend an 'aye' vote for the Report."

"The question is, 'Shall the House adopt the First Conference Committee Report to House Bill 2034?' 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? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 65 voting 'aye', 48 voting 'no' ... Mr. Ewing, for what purpose are you seeking recognition?"

"Is it because the Speaker of the House had this Bill that you didn't recognize my light to talk on it? Was it 201  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 because you went and had him close and then you refused to give me the right to explain my vote? Is that the reason?"

"No, it's because Mr. ... "

"Or is it because of your eminent fairness?"

"Mr. Ewing, it's because the Calendar was over your light. Proceed ... Proceed, Sir."

"Well, maybe you should move the Calendar. I don't care to now. The votes up there. That shows your fairness. You pulled that before."

"Proceed. On this question, there are 65 voting 'aye', 48 voting 'no', and none voting 'present'. And the House adopts the First Conference Committee Report to House Bill 2034. And this Bill, having received a Constitutional Majority, is hereby declared passed. On Supplemental Calendar #7, on the Order of Conference Committee Reports appears House Bill 784. Mr. Slater, for what purpose are you seeking recognition?"

"Thank you, Mr. Speaker. On Senate Bill 839, my light was inadvertently pushed 'no'. I would have preferred to have voted 'yes' on that. I would ask that the record will so reflect."

"Let the transcript so reflect. Mr. McCracken, for what purpose are you seeking recognition?"

"Why are we jumping around on all the calendars? What are we doing? You were going to do appropriations."

"This is an appropriations Bill. We're going back to appropriation Bills. And on this Order appears House Bill 784. Mr. Clerk, read the Bill. Alright. perhaps everyone would be more comfortable if we follow the next Bill, which is House Bill 2323. Mr. Clerk, read the Bill."

"House Bill 2323, a Bill for an Act in relation to school buses. First Conference Committee Report." 202  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

June 30, 1987 "The Gentleman from Vermilion, Mr. Black."

"Thank. you, very much, Mr. Speaker and Ladies and Gentlemen of the House. Conference Committee Report #1, the House concurs in Senate Amendment #1. The Senate receded from Senate Amendment #2. And House Bill 2323 be further amended as follows: Number one, it requires any new school bus manufactured after January 1, 1989, to be equipped with safety hatches on the roof tops of the buses. This provision was embodied in House Bill 919 that passed this House earlier by a vote of 107 to 7. It was passed in the House, but taken off by one vote on a verified Roll Call. Further, it clarifies Senate Amendment #2 to stipulate that local governments shall have the first opportunity to purchase self-propelled motorized equipment in excess of 25 horsepower, such as lawn mowers and tractors, from the Department of Transportation, prior to the department's trading in that equipment. It also authorizes the Department of Conservation to purchase such equipment from IDOT prior to replacement. It further clarifies which section of the Illinois Vehicle Code, civilian employees of the Department of State Police may enforce in relation to truck weight inspection. I would move a concurrence with the Conference Report #1 on House Bill 2323."

"The Gentleman from Vermilion moves that the House adopt the First Conference Committee Report to House Bill 2323. And on that, the Gentleman from Cook, Mr. Leverenz."

"Yes, will the Sponsor yield?"

"He indicates he will."

"Sir, do you have something in there with regard to hatches on tops of buses again?"

"I certainly do and I think I made that very clear." 203  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

"Well, there's a little bit of noise. I'm just asking a question. Is this the same hatch issue that has not passed the House or the Senate yet?"

"No, Sir. It passed the House 107 to 7, and I believe you voted for it, Representative."

"Well then, I'm reversing myself. What is the cost of the units of local government with regard to this Bill, that part of it?"

"The Fiscal Note that was filed, and there's no mandate on this ... or excuse me, we're exempting the Mandates Act. The fiscal note was approximately $100,000 a year."

"It's $100,000 a year."

"That's correct."

"Is the School Transportation Association for it, or against it?"

"The School Transportation Committee came down in Senate Committee and testified against the Bill, and up to that point and including this evening, they have never talked to me one time as to what problems they have with this Bill, that the genesis of came from a school bus accident in my district, and was recommended by emergency service personnel."

"And the School Board Association are they for it, or against it?"

"I believe initially, they were opposed to this Bill. I cannot speak for them, but I think they have dropped any serious opposition to it?"

"How about the People Transportation Association? Those are the school owned buses."

"Again, they have never talked to me. I do not know their position."

"Well, let me tell you, so that the record reflects whether you asked or not. The School Board Association is 204  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day against it, and the Illinois People Transportation Association, which is the school owned buses, are against that portion of your Bill, and I would hope that it would not get 50 votes."

"The Lady from Cook, Ms. Davis."

"Mr. Speaker, I'd like to be recorded as 'aye' on House Bill 2034."

"Let the transcript so reflect. Are there further ... Is there further discussion? The Gentleman from Vermilion, Mr. Black to close."

"Thank you, very much, Mr. Speaker. Ladies and Gentlemen of the House, the genesis of this basic Bill now came from a serious school bus accident in my district. A semi-trailer truck rammed the bus from the rear, the bus tipped over, making both doors unavailable to evacuate students. Had this bus caught on fire, emergency service personnel said that all 22 students on the bus would have died. This is simply an attempt to correct what, obviously after this wreck, was shown as a serious safety deficiency in school buses that transport my children, your children, our grandchildren to school. I would ask for your favorable vote on House Bill 2323 Conference Committee Report."

"The question is, "Shall the House adopt the First Conference Committee Report?" All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is open. This is final action. The Lady from Cook, Ms. Didrickson, one minute to explain your vote."

"Yes, I just concur with Representative Leverenz. Conclusions that one accident shouldn't dictate policy. That we ought to be looking at what the School Bus Transportation people are telling us, that this is not a good way to go." 205  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987

"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 95 voting 'aye', 17... there are 94 voting 'aye', 17 voting 'no', 5 voting 'present', and the House does adopt the First Conference Committee Report to House Bill 2323. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Rice, for what purpose do you seek recognition?"

"Could I have the transcript reflect 'aye' on this vote?"

"Mr. Rice. I believe Mr. Rice wishes to be recorded 'aye' on the previous Bill. Let the transcript so reflect. Yes, Ms. Wojcik, for what purpose do you seek recognition?"

"Yes, Mr. Speaker, on House Bill 2323 my switch was voted, and I wanted to be recorded as 'no'."

"Alright, let the transcript so reflect that you would have voted it... that your switch voted itself, but you wish to be voted 'no'. Alright. Mr. Parke."

"I would also like to be recorded as voting 'no'."

"Let the transcript so reflect. Supplemental Calendar #7, on the Order of Conference Committee Reports, appears House Bill 784. Mr. Clerk, read the Bill."

"House Bill 784, a Bill for an Act making appropriations to the ordinary and contingent expenses for the Department of Commerce and Community Affairs. First Conference Committee Report."

"The Gentleman from Adams, Mr. Mays."

"Thank you very much, Mr. Speaker. House Bill 784 is the operations budget for the Department of Commerce and Community Affairs. The budget is roughly at the House passed GRF level of earlier this month. This also includes some other... some funding for some other agencies, 206  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 including about eight million dollars to Central Management Services, the health insurance issue that Representative Dunn raised in another one, seven million dollars for DPA and operations for welfare reform, 6.3 million dollars for Department of Public Aid for extended child care, about... and several other agencies. I'll be glad to answer whatever questions. I would move adoption of the Report."

"Gentleman moves that the House adopt the First Conference Committee Report. On that, is there any discussion? There being none, the question is, 'Shall the Report be adopted?' 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 106 voting 'aye', 2 voting 'no', 8 voting 'present', and the House does adopt the First Conference Committee Report to House Bill 784. And this Bill, having received the Constitutional Majority, is hereby declared passed. House... Supplemental Calendar 4 on the ... on page four appears House Bill 2373. Mr. Clerk, read the Bill."

"House Bill 2373, a Bill for an Act in relation to county zoning. First Conference Committee Report."

"The Gentleman from Winnebago, Mr. Giorgi. Mr. Giorgi, the Gentleman from Winnebago."

"Mr. Speaker, 2373 is the House Bill that allowed a variance in zoning which amounted to less than ten percent without approval of the Zoning Board of Appeals; but, if there were an objection, you would go before the Zoning Board of Appeals and all this does is clean up the language so that it exactly means what I've just said. And I urge the support of House Bill 2373, First Committee Report."

"Representative Breslin in the Chair. Representative Giorgi has moved that the House adopt the 207  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 First Conference Committee Report on House Bill 2373. And on that question, the Gentleman from McHenry, Representative Klemm."

"Thank you, Madam Speaker. Representative ... or would the Sponsor yield for a question?"

"He will."

"Representative Giorgi, did you have that Section added that we asked for before about the, if there is an objection, it would go through the normal proceedings?"

"Objectors, yes. That's right."

"And what is that, 20 days or something, they have to respond to?"

"I think it was 15 days."

"Fifteen days. And if they have an objection, it would go through the normal process."

"Correct."

"Fine, thank you very much."

"Urge the adoption of the First Conference Committee Report."

"Representative Hultgren."

"Point of order. Has this been distributed for an hour as our rules require?"

"I will inquire. Representative Hultgren, the Bill has not been ..."

"I'll withdraw my objection. I've had a chance to look it over while you were checking that, and I think it's okay. Thank you. I would appreciate time to look them over, though."

"Surely. Representative Giorgi..."

"I renew my..."

"The question is... The question is, 'Shall the House adopt the First Conference Committee Report to House Bill 2373?' All those in favor vote 'aye', all those 208  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day opposed vote 'no'. June 30, 1987 Voting is open. This is final passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 109 voting 'aye", 3 voting 'no' and 3 voting 'present'. This Bill... and the House does adopt the First Conference Committee Report to House Bill 2373. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2591, Representative Daley. Clerk, read the... Excuse me. Representative Daley, proceed on your Motion."

"House Bill 2591, a Bill for an Act to amend the Code of Criminal Procedure. First Conference Committee Report."

"Representative Daley."

"Thank you, Madam Speaker, and Members of the House. I move that the House adopt the First Conference Committee Report to House Bill 2591. In this First Conference Committee Report, the House concurs in Senate Amendments 1 and 2 and the Senate recedes from Senate... recedes from Senate Amendment 3. I'd be happy to answer any questions."

"The Gentleman moves to adopt the First Conference Committee Report to House Bill 2591. And on that question, the Gentleman from Cook, Representative O'Connell."

"Question of the Sponsor."

"Proceed."

"Representative, Senate Amendment #3, is that on the Bill and, if not, why not?"

"The Amendment is off. The Senate receded. The Amendment is off."

"Well, can you tell me why they got off that Amendment? It was a good Amendment."

"Well, Senate Amendment 3 dealt with the mandatory life 209  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 insurance and this is a criminal Bill."

"Well, that's a shame that that Amendment had to come off, but I guess I'll support the Bill."

"The question is, Shall the House adopt the First Conference Committee Report to House Bill 2591? And on that question, all those in favor vote 'aye", all those opposed vote 'no". Voting is open. This is final passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 104 voting 'aye", 8 voting 'no' and 3 voting present', and the House does adopt the First Conference Committee Report to House Bill 2591. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 47. Representative McPike. Representative McPike."

"Thank you, Mr. (sic Madaml Speaker, Ladies and Gentlemen of the House. I move the House adopt the First Conference Committee Report to Senate Bill 47 which is the bond authorization Bill. It's funded at the Governor's requested level, plus an additional 140 million in GO bond authorization in case the state is awarded the superconductor super collider. I move for the adoption of the Report."

"The Gentleman has moved for the adoption of the First Conference Committee Report on Senate Bill 47. And on that question, the Gentleman from DuPage, Representative McCracken."

"Thank you. Mr. (sic Sponsor yield?"

"He will." Madam) Speaker. Will the

"What is in here now is the Governor's request plus 140 million for the super collider? Where is the 70 million for the water projects?"

"It's on Senate Bill 117, if we can get there." 210  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 73rd Legislative Day

"Okay, thank you."

"The question is, 'Shall the House adopt the First Conference Committee Report to Senate Bill 47?" All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? This is final passage. Have all voted who wish? The Clerk will take the record. On this question there 112 voting 'aye', none voting 'no' and 2 voting 'present', and the House does adopt the First Conference Committee Report to Senate Bill 47. Representative Hultgren, for what reason do you seek recognition?"

"Again, Madam Chairman, this one had not been distributed, at least at this desk, and I'd... I don't know where you are on distribution, but I'm trying to keep track of them, and I don't have that one."

"Okay. We'll try to get them out. With regard to Senate Bill 47, that Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 377, Representative Hannig. Clerk... Representative Hannig."

"Yes, thank you. Madam Speaker, Members of the House. This Bill contains... This Conference Committee contains the DCCA rule initiatives. The initiatives originally came over and were sponsored by Representative Ryder. The Bill was not called. We put them on Senate Bill 377. When it went back to the Senate, for some reason, the Senate, at that point, refused to concur in the program, and we had a Conference Committee but, primarily, all we do in the Conference Committee is adopt the program as we passed it out of this House. And so, I would now move that we accept the recommendations of the Conference Committee and I would ask for your 'yes' vote."

"The Gentleman has moved to adopt the First 211  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Conference Committee Report on Senate Bill 377. And on that question, is there any discussion? Hearing none, the question is, 'Shall the House adopt the First Conference Committee Report to Senate Bill 377? All those in favor vote 'aye', all those opposed vote 'no". Voting is open. This is final action. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 111 voting 'aye", 1 voting 'no' and 3 voting 'present'. The House does adopt the First Conference Committee Report on Senate Bill 377. And this Bill, having received the Constitutional Majority, is hereby declared passed. With regard to Senate Bill 47 the record should reflect that that Bill passed with the requisite three-fifths majority and was thus declared passed. On Supplemental #4, on the first page, is House Bill... excuse me, on page Representative two, Stange's Bill, Representative Stange." the first Bill is House Bill 113.

"Thank you, Madam Speaker. I move to adopt First Conference Committee Report to House Bill 113. What we..."

"Representative..."

"I'm sorry."

"Proceed."

"Okay. Prohibits the sale of more than 20 percent general admission tickets to concerts where more than 35,000 tickets are sold. And also, a new ticket scalping law is included in the Bill. I move for your adoption." Speaker Breslin= "The Gentleman moves to adopt the First Conference Committee Report on House Bill 113. And on that question, is there any discussion? Hearing none, the question is, 'Shall the House adopt the First Conference Committee Report to House Bill 113?' All those in favor vote 'aye', all those opposed vote 'no". Voting is open. 212  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 This is final action. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 108 voting 'aye', 3 voting 'no' and 4 voting *present'. The House does adopt the First Conference Committee Report on House Bill 113, and this Bill, having received the Constitutional Majority, is hereby declared passed. On that same page is House Bill 612, Representative Ropp."

"Thank you, Madam Speaker. House Bill 612, which originally was the all terrain vehicle Bill is truly a vehicle Bill and is now including in the Conference Committee the multi-state lottery. I think this is an agreed Bill. It has some provisions in that several people want relative to the Lottery Control Board reviewing the advertising practices so that no particular groups get exploited and that also on the lottery tickets there will be outlining the odds so that everyone knows how much they're going to win. It should generate about 60 million plus dollars beginning October. I urge your favorable support."

"The Gentleman has moved for the adoption of First Conference Committee Report on House Bill 612. And on that question, is there any discussion? The Gentleman from Lake, Representative Matijevich."

"Only in behalf of my seatmate, Gordy, you said when this comes back you know somebody will like it and Zeke Giorgi likes it with the multi-state lottery. And he's taping a live show right now, but he said let Gordy know that he really appreciates the good work you did."

"I would have loved to have him as a Cosponsor earlier. However, I'm not sure you can put a Cosponsor on a Conference Committee."

"The Gentleman from Cook, Representative Parke." 213  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987

"Thank you. Would the Sponsor yield for a question?"

"He will."

"Yes, Representative..."

"He will."

"I'd like to know where the money from this lottery will go?"

"Very good point. It all goes into the Common School Fund."

"So, it's dedicated money that will not... that will go right into that fund?"

"Yes, Sir."

"Is that similar to what we did with the state lottery 'also?"

"Exactly."

"There's no increase in funding to education. It's just earmarked for education."

"No, it goes into the funding formula."

"Thank you."

"The Gentleman from Vermilion, Representative Black. The Gentleman indicates he doesn't wish to speak. The question is, "Shall the House adopt the First Conference Committee Report on House Bill 612?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? This is final action. Have all voted who wish? The Clerk will take the record. On this question there are 94 voting 'aye', 17 voting 'no' and 4 voting 'present', the House does adopt the First Conference Committee Report on House Bill 612. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the last page of Supplemental #4 appears Senate Bill 1014, Representative Dunn. Representative Dunn. Out of the record. On Supplemental #5 appears House Bill 513, Representative Steczo. 214  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day Representative Steczo."

June 30, 1987 "Thank you, Madam Speaker, Members of the House. I would move to adopt the First Conference Committee Report on House Bill 513. The original Bill provided language that deals with the right of merchants to be able to charge check cashing fees. There was a Senate Amendment. The Senate Amendment better clarified the Bill and made it an agreed Bill, and the House will adopt that Amendment. In addition, Madam Speaker, it amends the Uniform Commercial Code to incorporate into Article VIII amendments approved by the National Conference of Commissioners of Uniform State Laws and those established provisions to govern electronic securities transactions, provides for certificated securities, those evidenced by a piece of paper and uncertificated securities which are those exist on the issuer's records and not evidenced by a piece of paper. It's effective January Ist, 1988. I believe, Madam Speaker, Representative Cullerton has a statement of intent to read into the record and, once he does that, we'd move for the adoption of Conference Committee Report #1."

"The Gentleman has moved for the adoption of the First Conference Committee Report on House Bill 513. And on that question, the Gentleman from Cook. Representative Cullerton."

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. A question has arisen as to what is included within the definition of uncertified... 'uncertificated security which is contained in the new Section 8-1021(B). The definition says, in part, that an uncertificated security is an interest in property or an obligation of the insurer, the transferer of which is registered upon books maintained for that purpose by or on behalf of the insurer and which is of a type commonly dealt in on securities 215  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 exchanges or markets. My understanding and intent of the definition is that it does not include interest and obligations that are traded on commodity exchanges or markets. The first such interests and obligations do not have an insurer, as that word is commonly used in the securities industry. Second, interests and obligations that are traded on commodity exchanges are not of a type traded on securities exchanges. This is true even for commodity interests or obligations such as foreign currency, commodity options which are similar to interest or obligations that are traded on security exchanges. Futures, options and options on futures that are traded on commodity exchanges are not securities in common usage or under federal law. They cannot, as a matter of federal law, be traded on securities exchanges or markets and they, therefore, cannot be of a type commonly dealt in on security exchanges. Thank you."

"Representative Parke."

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

"He will."

"Yes, I just... it's such a thick Amendment with so many changes to this, I just wanted to know if, in fact, that there's any insurance involvement being sold through banks through this Amendment."

"Representative Parke, could you repeat your question, please?"

"Thank you. I'd like to know if, since this relates to banks to some degree, is it ... is there any selling of insurance involved in this Amendment through banks?"

"Representative Parke, there is not. In fact, the Conference Committee Report's added language contains the provisions of Senate Bill 258 and that is all."

"Thank you very much." 216  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987

"The Gentleman from Warren, Representative Hultgren."

"Will the Sponsor yield?"

"He will."

"Do the changes you make here take our Commercial Code out of conformity with the Uniform Commercial Code?"

"Representative Hultgren, my understanding is that these are Amendments to the Uniform Commercial Code that were adopted by the National Conference of Commissioners of the Uniform State Law."

"Okay. So,... So, actually, what we're doing, then, is bringing our Code into conformity with the Uniform Code."

"Into compliance. Correct."

"Okay, that's all that I have. Thank you."

"The question is, 'Shall the House adopt the First Conference Committee Report to House Bill 513?' 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 113 voting 'aye', none voting 'no' and 2 voting 'present', and the House does adopt the First Conference Committee Report to House Bill 513. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1432. Representative Krska."

"I move... I move to adopt Conference Committee Report #1 to House Bill 1432. The Committee Report recommends that House concur in Senate Amendments #1 and 2. Senate Amendment 1 became the Bill to rewrite the Pharmacy Act. Senate Amendment 2 made technical changes. Recommended the Bill, as amended, be further amended to add reference to the University of Illinois Hospital specifically where the Hospital License Act is referred to in the Bill to ensure coverage. Deletes the language 217  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 relating to regulation of distribution of prescription medication and deletes license fees for distributors. I move for its adoption."

"The Gentleman has moved for the adoption of the First Conference Committee Report on House Bill 1432. And on that question, is there any discussion? Hearing none, the question is, *Shall the House adopt the First Conference Committee Report on House Bill 1432?" All those in favor vote 'aye", all those opposed vote "no". Voting is open. This is final action. Have all voted who wish? The Clerk will take the record. On this question there are 114 voting 'aye... 115 voting 'aye", none voting 'no" and the House does adopt the First Conference Committee Report to House Bill 1432. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Greiman in the Chair."

"On this Order appears House Bill 1867. Mr. Clerk, read the Bill."

"House Bill 1867, a Bill for an Act to amend the Environmental Protection Act. First Conference Committee Report."

"Gentleman from Cook, Mr. Kulas."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would move that the House adopt First Conference Committee Report on House Bill 1867. This is the omnibus Bill for the EPA and the Department of Conservation. In the Conference Committee, we also added... we established the Solid Waste Revolving Loan Fund and we provided for revenues from the sale of recyclable products to be deposited into a special fund to be used to recover the increased cost of purchasing recycled paper. And the Bill also would put a cap on the local fees... local solid waste fees at the same rate as the state, which is 45 cents a 218  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 cubic yard. And I would move for the adoption of the Conference Committee Report."

"Gentleman from Cook, Mr. Kulas, moves for the adoption of the First Conference Committee Report. On that, the Gentleman from Winnebago, Mr. Hallock."

"Will the Sponsor yield?"

"Indicates he'll yield for questions."

"The purpose of the 45 cent per cubic yard cap is to do what?"

"To make it uniform throughout... it wouldn't be higher than the state rate."

"And what will the impact be of that on local governments?"

"I'll defer the question to Representative McPike."

"Gentleman from Madison has yielded to. Mr. McPike."

"Let me briefly review why we did this last year. We imposed a state tax of 45 cents a cubic yard and the locals... the locals informed us that they wanted permission to police their own garbage dumps because the EPA could not police the garbage dumps. The EPA admitted that. So we said, fine, if the locals have an agreement with the EPA that they will be the policing authority, we would grant them the authority to raise some revenues. And so we, at that time, said you have the right to raise some revenues, but we put no limit on that. We put absolutely no limit. So we now have a situation where many people are coming to us and saying, 'We don't mind you put on some kind of reasonable fee, or a reasonable surcharge or a reasonable tax, but there's no referendum on this. There's no front door referendum. There's no back door referendum. And the least that the General Assembly could do is try to cap this at some kind of reasonable limit.' So we chose as 219  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 a reasonable limit for the locals the same amount of money that the state has, and that's 45 cents a cubic yard. For my county, for example, of 250,000 people, I think we will raise probably a million dollars... a million dollars under this cap. So, I would presume, if you're in a larger county, you have the potential to raise a lot of money, even under this cap. Without this cap on there, you could put any type of fee, any type of surcharge whatsoever on the... on the dumping."

"Well, thank you for the response to my question. To that point, Mr. Speaker, Members of the House, I rise in opposition to this Conference Committee Report, not so much because of the other provisions, which I think are fairly laudible, but because of this issue. You know, solid waste is not a glamorous issue, but it's surely one of the most important issues confronting our generation. Every community in this State of Illinois is burdened with this issue. Most of them don't know what to do. Landfills are filling up as fast as can be possible. We're almost out of space. Unfortunately, they have to deal with that, and financially, they can't afford to do that. The fact last year that we let them have some levity and some leverage in this area was to try to address the point that we have to, in some way, make sure they have the funds to set aside space whether it's for recycling, incineration, landfills or whatever, to spend the money to make sure what can be done can be done, to make sure they, in fact, can deal with this waste. If we put, in fact, a cap on the situation, they are going to be impeded from those results, and I think it's important that we don't do that at this point in time. I'm not aware of any community in this State of Illinois that has abused that privilege. And I'm concerned about this, and I'm also very confident that the local 220  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 people, locally in all our state's communities, will make sure this is not abused locally. It has not been abused in the past. I'm sure it will not be in the future. This is an important issue. It has to be resolved. We can't use a fee right now like this... an imposition on the fee. To cap it like this would be absolutely, without any question. I think, a major mistake and would really impede any community in our State of Illinois from trying to address this major, major issue. I urge you to vote 'no' on this Conference Committee Report."

"Gentleman from Madison, Mr. McPike."

"Thank you. Mr. Speaker, Ladies and Gentlemen of the House. To the Bill, and I rise in support of this Bill, it seems like we've had a reversal this year between the Democratic Party and the Republican Party. We have a Republican Governor that wants to tax, tax, tax, and now we have the Republicans in the House saying that they want to put absolutely no limits, absolutely no limits whatsoever on a local fee, a local tax that we passed last year. All we're asking is that you put some type of reasonable limit, some type of reasonable limit. Now, we do this with all other taxes at the local levels. We say to the school districts, 'You can tax up to a given limit.' We say to all the municipalities, all the counties, all the taxes that we give them, we put some kind of reasonable limits on them. And then when we come along on this we say the same thing - we would like to put some reasonable limit on the amount of tax that you impose. And the Republican Party stands up and say... and says, 'No, we're against that. He think that they should have unlimited authority to tax, and tax, and tax and tax.' It seems like it's a complete reverse... a complete reversal of the philosophy of the two parties between one year and the next. If that is the 221  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 philosophy of your party, that you want to continue to tax and tax and tax, then oppose this. But if you think that the General Assembly should impose some limits. some reasonable limits on the local people's ability to tax your individual... individual constituents, then you should be for this provision."

"Gentleman from McHenry, Mr. Klemm."

"Thank you, Mr. Speaker. Last session... it was about the last day, I think, in session, and I went over to Representative McPike, and I said to him, "You know, we've got a problem in having some reasonable fees that we could collect for the counties." And we talked about it. In fact, what Representative McPike said was exactly what we put in, and it was... and I want to thank him publicly now for putting that Section in. And I think there's no question that local governments should receive some of the costs back which I think we are adequately doing in this Bill. But we do have to be reasonable and have a certain cap or a certain limit. If, I think, we find out later on in the ensuing years that that cap of 45 cents is not adequate, I'm sure we could be reasonable and look for a different figure. But, in my county, who has had so many requests for landfill siting, that, when I've checked with them, they've found out the 45 cents is a fair amount for them to do the job. So, I stand in support of this Amendment... Conference Committee Report."

"Gentleman from DuPage, Mr. McCracken."

"Representative, it was the Republicans that wanted to cut the budget by two percent and do it in the General Assembly instead of abdicating your responsibilities and walking out of here not passing a budget within our means. It's the Democrats who did that. It's not the Republicans." 222  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES

TRANSCRIPTION DEBATE Speaker Greiman: "Mr. Kulas, for what purpose do you seek recognition?" June 30, 1987

"Leave the taxes alone. If the people at the local..."

"Excuse me. Excuse me."

"... level want to complain, let them complain."

"Excuse me. Mr. Kulas, for what purpose are you seeking recognition?"

"Point of order, Mr... Point of order, Mr. Speaker."

"For what purpose..."

"The Gentleman is not addressing the Bill..."

"Gentleman is... excuse me. Mr. Kulas. Gentleman seeks to rise on a point of order. And now, Mr. Kulas, what is your point? State your point."

"Thank you, Mr. Speaker. I wish the Gentleman would address his remarks to the Bill and not politicize this Bill."

"Alright. To the Bill..."

"This is... Bill."

"Mr. McCracken, proceed. Alright."

"I made my point."

"Alright. Gentleman from DuPage, Mr. Barger."

"Thank you, Mr. Speaker. I think that basically the concept of establishing a cap would have to take into consideration the value of the land in the area that we use. Probably down around Alton you can buy land for 100 dollars an acre or something like that. But in DuPage County and Cook County, it runs 40,000 dollars an acre. And with that difference in the value of property, there has to be a difference in the amount that's charged. Now when you get out to Kane County and McHenry County, the property is of less value than in close, but if you are... I'll let it go at that. I don't want to harangue this 223  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 because I don't think that it will do any good. Thank you."

"The Lady from Cook, Ms. Currie."

"Thank you, Mr. Speaker and Members of the House. My understanding is that under the provisions of this Bill, DuPage County will raise more than two million dollars. Now, two million dollars may not look like much to Representative Barger given how valuable the land in DuPage County is, but it looks pretty good to me, and I think it will look pretty good to the other Members of this Assembly. And I think we should support the Motion to adopt the First Conference Committee Report on House Bill 1867."

"Gentleman from Cook, Mr. Kulas, to close."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House. As I mentioned previously, this is an omnibus Bill. It has a lot of the Department of Conservation and Department of EPA Bills on it. It's a good Bill. It's a Bill that puts caps on taxes, and I would ask for an 'aye' vote."

"Question is, 'Shall the House adopt the First Conference Committee Report to House Bill 1867?' All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is open and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 81 voting 'aye', 31 voting 'no', 1 voting 'present', the House does adopt the First Conference Committee Report to House Bill 1867. This Bill, having received a Constitutional Majority, is hereby declared passed. And now on Supplemental Calendar #4 on the Order of Conference Committee Reports appears Senate Bill 1014. Mr. Clerk, read the Bill." 224  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987

"Senate Bill 1014, a Bill for an Act to amend the Illinois Job Training Coordination Council Act. First Conference Committee Report."

"Gentleman from Macon, Mr. Dunn."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Previously, when we considered this Bill, there were four Amendments which you tried to take off, and the Senate has just passed this Conference Committee Report in this form. The Senate took off Senate Amendments... House Amendments 1, 2 and 3 and left on House Amendment 4. House Amendment 4 is a technical Amendment which provides for the mechanism to qualify and capture some federal funds. This legislation is the legislation which would create the Illinois Job Training Council as a functioning and free-standing agency. At the present time, it is under the operation and auspices of the Department of Commerce and Community Affairs. The agency is charged with oversight operations of those agencies of our state which provide job training services and philosophically, of course, it is not a good idea to have the oversight agency under the same Director as the agency which it oversees. So, the Job Training Council should be a free-standing agency, and I would ask for an aye vote on this Conference Committee Report."

"Gentleman from Macon, Mr. Dunn, moves that the House adopt Conference Committee Report to Senate Bill 1014. And on that, the Lady from Cook, Ms. Didrickson."

"Thank you, Mr. Speaker, Members of the House. Senate Bill 1014 is opposed by G.L. Andres who is the Chairman of the very Illinois Job Training Coordinating Council that Representative Dunn just spoke of. He's in opposition to Senate Bill 1014 without Amendments 1, 2 and 3 which this Committee Report refuses to accept. What we 225  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 did here were we added three very good Amendments and, without Amendment #1, we're going to be contrary to federal law. Without Amendment #2 we're setting up a separate agency to do this. Without Amendment 3 we're requiring the Department of Employment Security to put up together a whole separate computer data base. I think we've knocked it out once. We've kept it out once. Let's not do something that we've already been doing, only it's more expensive to do and it's contrary to federal law. Let's vote 'no' on this Conference Committee Report once and for all."

"Question is, 'Shall the House adopt the First Conference Committee Report?' 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? Gentleman from Macon, Mr. Dunn, one minute to explain his vote."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This legislation is part of a program which is recommended in two federal reports to provide that those who oversee job training functions should be free-standing and should not be under the auspices of the agency which they oversee. That's the current situation in the State of Illinois. We've heard talk about complying with federal law. This present situation in the State of Illinois does not comply with the federal recommendations. All we're seeking to do is to make this... this function comply with the federal recommendations and to make the Job Council a free-standing organization so that it can operate independently, effectively and provide employment for those who are employed in DCCA now. It's not a matter of positions and people. It's a matter of separation of powers to make sure that the job training function is overseen properly in the 226  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 State of Illinois. And, Lord knows we need to do that to get people back to work."

"Bring your remarks to a close."

"Let's put some green votes up there."

"Gentleman from Winnebago, Mr. Hallock."

"I rise..."

"One minute to explain your vote."

"I rise in opposition. If we want this Job Council to work we have to send it back to Conference Committee, put the Amendments back on, bring it back here and pass it in that stage. Right now it's incomplete. It won't work. It will just ruin the agency. Vote 'no' and let's bring it back from another Conference Committee."

"Gentleman from Lake, Mr. Matijevich, one minute to explain your vote."

"Mr. Speaker, Ladies and Gentlemen of the House, and I'm speaking now only to this side of the aisle. If the Sponsor of this Bill were in the House, I believe she would get every vote of the Democrats. And let's face it, there are some political ramifications to what I say. She isn't in the House, but she is an effective Senator, and I'm giving her a vote. I knew her way back when I was a state central committeeman. Nobody is more conscientious than she is. I'm giving her an enthusiastic vote."

"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 50 voting 'aye", 56 voting 'no', 10 voting 'present', and the Motion fails, and the Gentleman requests the appointment of a Second Conference Committee. Yes, Mr. Dunn."

"I was... didn't hear the conversation. Have we gone to a request for a Second Conference Committee on this Bill?"

"No, you would have to move to refuse and then 227  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day ask." June 30, 1987

"I would like to move to refuse to recede and request Speaker appointment of a Second Conference Committee."

"Gentleman asks

Conference Committee. Dunn: "Wait a minute." Speaker Greiman: for the Mr...." refuse to accept the "So, Mr. Dunn, you have withdrawn your request appointment of a Second Conference Committee. that correct? Alright. On Supplemental Calendar With respect Is 6... to Senate Bill 1014, the Gentleman requests that this be placed on the Order of Postponed Consideration, and it will be SO ordered. Now, on Supplemental Calendar #6... On the Order of House Bill... Conference Committee Reports, appears Conference Committee 2332. Mr... And, Mr. Clerk, read the Bill. Mr. Hallock, for what purpose are you seeking recognition?"

"No, go ahead. Go with the Bill."

"Mr. Clerk, read the Bill."

"House Bill 2332, a Bill for an Act to amend the Professional Boxing and Wrestling Act. First Conference Committee Report."

"The Gentleman from Cook, Mr. McAuliffe."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would move for approval of House Bill... of Conference Committee Report on House Bill 2332. What it does, it provides for a dentist to practice while he is waiting to take the examination. Provides for an increase in the renewal of a dentists' license fee from 50... to 50 dollars from 35 dollars. Provides for occupational therapists coming from other states to be able to practice here while they're waiting for their license. Cleans up the Boxing and Wrestling Act and provides for the regulation of closed circuit broadcasts. Changes the name 228  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 of the Department of Registration and Education to the Department of Professional Regulation. I move for its approval."

"Gentleman moves for the adoption of the First Conference Committee Report to House Bill 2332. There being no discussion, the question is, 'Shall the House adopt the First Conference Committee Report?' All in favor signify by voting 'aye', those opposed vote 'no'. Voting is open, and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 105 voting 'aye', 6 voting 'no', 4 voting 'present', and the House does adopt the First Conference Committee Report to House Bill 2332. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears House Bill 2797. Mr. Clerk."

"House Bill 2797, a Bill for an Act to create the Underground Resources Conservation and Enforcement Fund. First Conference Committee Report."

"Gentleman from Perry, Mr. Goforth."

"Thank you, Mr. Speaker. I move to adopt the Conference Committee Report."

"Gentleman moves to adopt the First Conference Committee Report to House Bill 2797. And on that, there being no discussion, the question is, 'Shall the House adopt the Committee Report?' All those in favor vote 'aye', those opposed '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 112 voting 'aye', none voting 'no', 3 voting 'present'. The House does adopt the First Conference Committee Report to House Bill 2797. This Bill having received the Constitutional Majority, is hereby declared passed. On 229 pg. 229 missing This is from Index 11-4-96  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Supplemental Calendar #5, on the Order... on the Order of Conference Committee Reports, appears House Bill 421. Mr. Clerk. Out of the record. On this Order appears House Bill 99. Out of the record. On this Order appears House Bill 2151. Mr. Clerk."

"House Bill 2151, a Bill for an Act to amend the Illinois Vehicle Code. First Conference Committee Report."

"Gentleman from Fulton, Mr. Homer."

"Thank you. Mr. Speaker, Ladies and Gentlemen. The Bill does the following... The Conference Committee Report does the following: It defines the term 'sworn report'. It provides for honorary counselor plates to be issued. It allows for temporary military registration for 45 days for vehicle registration. It validates driving on a suspended license for the sign and go legislation which has since been repealed. And it provides a business records exception to the hearsay rule for blood that's withdrawn during emergency room proceedings for admissibility in DUI and wreckless homicide prosecutions. Move the adoption of Conference Committee #1."

"Gentleman moves for the adoption of the First Conference Committee to House Bill 2151. On that, is there discussion? There being none, the question is, 'Shall the Committee Report be adopted?' 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... Mr. Clerk, take the record. On this question there are 99 voting 'aye', 6 voting 'no', 9 voting 'present', and the House does adopt First Conference Committee Report to House Bill 2151. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears House Bill 2190. Mr. Clerk, read the Bill." 230  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987

"House Bill 2190, a Bill for an Act to amend the School Code. First Conference Committee Report."

"Lady from Cook, Ms. Braun."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 21... Conference Committee Report on House Bill 2190 is in support of a self-help effort on behalf of the Chicago Agricultural School at lllth and Pulaski. This is a school that has a 90 percent attendance, zero dropout rate. The Bill itself changes the public... there is a Public Building Code tax swap with the City of Chic... with the Board of Education. There is cleanup language on the sale of schools with... without bid and there are the provisions for the business partnership and enabling legislation for the Agriculture School. I entertain any question you may have."

"The Lady from Cook has moved for the passage... for the adoption of the First Conference Committee Report. And on that, the Gentleman from McLean, Mr. Ropp."

"Thank you, Mr. Speaker. I was just adding a support to this Bill. I've been to the school. It's a super school. Very few, if any, students ever drop out of this school because it's vocationally oriented."

"The Gentleman from Black... from Vermilion, Mr. Black."

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

"She indicates that she'll yield for questions."

"Woman yield? Thank you, Representative Black."

"Excuse me, Representative. The hour grows late."

"I know."

"On page 17 of the Conference Committee Report, and you mentioned this in your summary, and I thank you for that. It talks about the tax, and I certainly agree with what the previous speaker said about the school being exemplary, but 231  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 will you just enlighten me a little bit on the tax that we're talking about? Are you levying this without referendum? Has it been done in the past, etcetera?"

"I don't think it's been done in the past. It's enabling legislation. The only portion of the... that the tax would relate to has to do with the ... Okay, it calls for 20 percent in contributions, 20 percent of private monies... 40 percent of private monies to come in, 60 percent of the loan. The tax only relates to that... of the mortgage, and that's the only part that the tax relates to."

"Thank you very much. Representative."

"Question is, 'Shall the First Conference Committee Report be adopted?' 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 83 voting 'aye', 21 voting 'no', 3 voting 'present', and the House does adopt First Conference Committee Report to House Bill 2190. This Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 483. Mr. Clerk, read the Bill."

"Senate Bill 483, a Bill for an Act in relationship to counties. Conference Committee Report #1."

"The Gentleman from Lake, Mr. Churchill."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. To the Bill which passed out of the House, this Conference Committee adds language to authorize the state to transfer funds collected from the messages tax into the General Revenue Fund. I would move for the adoption of the Conference Committee Report #1."

"Gentleman from Lake, Mr. Churchill, moves for the adoption of First Conference Committee Report. There 232  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 being no discussion, the question is, "Shall the Report be adopted?" 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 113 voting 'aye", 1 voting "no", none voting present', and the House does adopt the First Conference Committee Report to Senate Bill 483. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order... On this Order appears Senate Bill 1428. Mr. Clerk, read the Bill."

"Senate Bill 1428, a Bill for an Act in relationship to rehabilitation of abandoned housing. First Conference Committee Report."

"Gentleman from Cook, Mr. Turner. Excuse me, for what purpose do you seek recognition, Mr. McCracken?"

"Speaker, I see Representative Novak up in the Speaker's gallery. I wonder what he's doing up there."

"He's getting stung. Mr. Matijevich, for what purpose do you seek recognition?"

"I think he got a winner. He got the last laugh."

"Gentleman from Cook, Mr. Turner."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the Assembly. 1428 basically is a Bill that's been passed out of here before. We now have some technical Amendments in the Bill which clarifies the way property will be transferred. It's been worked on by the City of Chicago and other tax members here on the staff. And the Conference Committee Report basically deletes from the Bill and replaces the abandoned hous... it creates the Abandoned Housing Rehabilitation Act. It is a rewrite of the complete Bill. It provides that the... the community organizations may petition for temporary possession of 233  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 property where the property is delinquent in taxes, nuisance. It also establishes procedures for temporary possession of the property. I move for the favorable support of House Bill 1428."

"Gentleman from Cook, Mr. Turner, moves for the adoption of First Conference Committee Report to Senate Bill 1428. And on that, the Gentleman from DuPage, Mr. McCracken."

"Speaker, I don't believe this has been distributed. We don't have it over here."

"Mr. Clerk. Apparently, it has not been distributed. So we'll take that out of the record and come back to it. Well... Alright. Clerk seems to have advised us that the... that the Conference Committee Report is out. I think we want to accomodate. We want everybody to have an opportunity to examine the Reports. Mr. Turner, with your good graces, we'll take this out of the record. We'll return to it though. On Supplemental Calendar #7. on the Order of Conference Committee Reports, appears Senate (sic House) Bill 1421. Mr. Clerk."

"House Bill 1421, a Bill for an Act to amend the Illinois Nursing Act. Conference Committee Report #1."

"Gentleman from Cook, Mr. Panayotovich."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Conference Committee Report for 1421 is a combination of three Bills; Doc Davidson's Bill, Senate Bill 37, which amends the Land/Water Act to clarify that the State of Illinois and its political subdivisions are held nonliable to persons entering their lands for noncharged recreational activities which is supported very heavily by the Department of Conservation; House Bill 1421 was Representative Dunn's Bill which had to deal with the nurses' liability; and House Bill 210, which was my Bill, 234  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1937 with the voluntary coaches. And I ask for passage of this Bill... of this Conference Report."

"Gentleman from Cook, Mr. Panayotovich, moves for the passage of... I'm sorry, moves that the House adopt First Conference Committee Report to House Bill 1421. And on that, is there any discussion? There being none, the question is, 'Shall the House adopt the First Conference Committee Report?' All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is open and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 110 voting 'aye', 2 voting 'no', 1 voting 'present', and the House does adopt the First Conference Committee Report to House Bill 1421. This Bill, having.received the Constitutional Majority, is hereby declared passed. Yes, Mr. Cullerton, for what purpose do you seek recognition?"

"I'd like to be recorded as voting 'aye'."

"Let the record show that Mr. Cullerton would have voted 'aye'."

"And Mr. McPike."

"And Mr. Mc Pike would similarly have voted 'aye'. On this Order appears Senate Bill 117. Mr. Clerk, read the Bill."

"Senate Bill 117, a Bill for an Act in relationship to waste water treatment. Conference Committee Report #1."

"The Gentleman from Madison, Mr. McPike."

"Thank you, Mr. Speaker and Ladies and Gentleman of the House. I move for the adoption of Conference Committee Report #1 to Senate Bill 117, as it passed the House. This was a $70,000,000 state G.O. bonds to be used to match $350,000,000 in federal money to set up a pool from which local units of government can borrow money. And the House 235  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 said that they should borrow that money at the same interest rates that the state sells the bond. The Senate has suggested that if there's a hardship case, the individual unit of government can negotiate with the State for a lower rate of interest. I move for the adoption of the Report."

"The Gentleman from Madison, Mr. HcPike, moves that the House adopt the First Conference Committee Report to Senate Bill 117. On that, the Gentleman from DuPage, Mr. McCracken."

"Thank you, will the Sponsor yield?"

"He indicates he will yield for questions."

"I note the towns or the municipalities, that are listed and some people over here think some are missing. Was that number out of compliance, 236 or 226?"

"It's 226, to my knowledge. I think they already did the ten. I didn't read them, but as my memory indicates it serves me well, I think it was 226, that we have already have done ten of the original 236."

"Okay. Now where did you get this idea, Representative McPike? This sounds familiar. Did you get this from a Republican, by any chance?"

"I got it from Senator Demuzio. I don't know if he is a Republican?"

"Okay. Well, it seems to me that we had that idea, too. It's a good idea, I think, we should support it, the communities need it."

"Thank you."

"The Gentleman from Winnebago, Mr. Hallock."

"Thank you. Mr. Speaker and Members of the House. I rise in support of Senate Bill 117. Obviously, it's an idea which is shared on both sides of aisle. We had a Bill, like this, it's a good concept, it helps out directly 236  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 226 communities in our State. It starts a program which has to be done, at this point in time, and I think it's a good idea. Let's pass it and vote 'yes'."

"The question is Shall the First Conference Committee Report be adopted?" Those in favor signify by voting 'aye', those opposed vote 'no'. Voting is open. And this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. And on this question there are 115 'aye', none 'no' and none voting 'present'. And the House does adopt the First Conference Committee Report to Senate Bill 117. This Bill, having received the Constitutional Majority is hereby declared passed. On Supplemental Calendar #6 appears House Bill 259. Mr. Clerk, read the Bill."

"House Bill 259, a Bill for an Act to amend the Compensation Act. Conference Committee Report #1."

"Gentleman from DuPage, Mr. Stange."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to adopt First Conference Committee on House Bill 259. Specifies without limitations instances in which a law enforcement officer is considered having received an injury in active performance of duties as a law enforcement officer. Provisions have been both agreed to in both Houses. It passed the Senate a half an hour ago 58 to nothing."

"Gentleman from DuPage moves for the adoption of the First Conference Committee Report. And on that, the Gentleman from Cook, Mr. Turner."

"Yes, Mr. Speaker, point of order. Has this Conference Committee Report been printed and distributed? I don't have a copy of it."

"Mr. Clerk. We're advised, Mr. Stange, that it 237  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 has not been printed or distributed. Accordingly... Yes, Mr. Stange."

"Could we take it out of the record?"

"Yes, indeed. On this Order appears House Bill 474. Mr. Clerk, read the Bill."

"House Bill 474, a Bill for an Act to amend the Code of Civil Procedure. Conference Committee Report #1, Revised."

"Gentleman from McDonough, Mr. Slater."

"Thank you, Mr. Speaker. I move for the adoption of Conference Committee Report #1 to House Bill 474. As modified, it would make certain changes in the statute of limitations as it relates to inmates of the Department of Corrections and certain actions only against the Department of Corrections. It also provides that the statute of limitations in causes for personal injury is told when there is a derivative action, the derivative action is told. It also provides that a registered employee of a private detective agency may serve process in downstate counties only. It provides that the parties to a civil action may appear under a fictitious name for good cause shown. It also provides that the disclosure of information or data other than patient medical records, proper or improper, shall not waive or have any effect upon its confidentiality or nondiscoverability or nonadmissability of evidence. It provides that a products liability complaint and summons for a residence or a place of business outside the United States may be served on the Illinois Secretary of State along with a certain fee and provides that a land trust beneficiary may be named as a defendant, even though statute of limitations or contractual limitation has run if certain conditions are met. I move its adoption." 238  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

June 30, 1987 "Gentleman moves for the adoption of the First Revised Conference Committee Report. On that, is there any discussion? There being none, the question is, Shall the House adopt the Report?" All in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open, and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 115 voting 'aye", none voting 'no', 1 voting 'present', and the House does adopt the First Revised Conference Committee Report to House Bill 474. And this Bill, having received the Constitutional Majority, is hereby declared passed. On Supplemental Calendar #8, on the Order of Conference Committee Report, appears House Bill 1412. Mr. Clerk, read the Bill."

"House Bill 1412, a Bill for an Act to amend the Revenue Act. Conference Committee Report #1."

"Gentleman from Cook, Mr. Cullerton, with leave of the House, will take that Bill."

"Yes, thank you. Mr. Speaker and Ladies and Gentlemen of the House. The Conference Committee... I would move for the adoption of Conference... First Conference Committee Report on House Bill 1412. The Conference Committee... In the Conference Committee, the Senate recedes from Senate Amendment #1 and 2, which were the only two Amendments that were put on the Bill. So, basically, the Bill would pass as it passed the House. I would point out, however, Mr. Speaker and Ladies and Gentlemen of the House, it appears that this will be Representative Greiman's last Bill. And for that reason, I would urge an 'aye' vote for that reason alone, but it's not a bad Bill anyway."

"Gentleman from Cook, Mr. Cullerton, moves that the House adopt the First Conference Committee Report to 239  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 House Bill 1412. There being no discussion, the question is, 'Shall the House adopt First Conference Committee Report to House Bill 1412?' All in favor signify by voting 'aye', those opposed... those 'no'. Voting is now open. This is final action. Have all voted who wish? Have all voted who wish? Mr. Clerk. Mr. Clerk. Mr. Clerk, now you can take the record. On this question there are 109 voting... 110 voting... 112 voting 'aye', 2 voting 'no', 1 voting 'present', and the House does adopt First Conference Committee Report to House Bill 1412. And this Bill, having received a Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 1407. Mr. Clerk, read the Bill."

"Senate Bill 1407, a Bill for an Act to amend the Unified Code of Corrections. First Conference Committee Report."

"Gentleman from Cook, Mr. McNamara."

"Thank you, Mr. Speaker. This Conference Committee Report merely added back into the Conference Committee some of the Acts that were deleted by withdrawal of Amendment #3. And I urge for the approval of Conference Committee #... on 1407."

"Gentleman from Cook, Mr. McNamara, moves for the adoption of the First Conference Committee Report. There being no discussion, the question is,... No, Mr. McCracken, the Gentleman from DuPage."

"This Bill is so good they ditched my Committee in the Conference Committee, and I'm still for it. It's a good Bill."

"The question is, 'Shall the House adopt the First Conference Committee?' 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 240  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 voted who wish? Mr. Clerk, take the record. On this question there are 106 voting 'aye", 2 voting 'no', 1 voting... 7 voting 'present', and the House does adopt First Conference Committee Report to House Bill... to Senate Bill 1407. This Bill, having received a Constitutional Majority, is hereby declared passed. On Supplemental Calendar #7 on the Order of Conference Committee Reports appears Senate Bill 1376. Mr. Clerk, read the Bill."

"Senate Bill 1376, a Bill for an Act to amend the Criminal Code. First Conference Committee Report."

"The Gentleman from Rock Island. Mr. Brunsvold."

"Thank you. Mr. Speaker and Ladies and Gentlemen of the House. Conference Comm... The First Conference Committee Report on Senate Bill 1376 contains four provisions. The original underlying Bill passed this House 113 to 1, which those provisions were for sexual assault and aggravated sexual abuse and dealing with the person that was responsible for the child's welfare. The second provision was Senate Bill 1375, which imposed consecutive sentences where a defendant is convicted of multiple felony offenses. Number 3, provisions in Senate Bill 1404, which increased the penalties for theft based upon the value of the stolen property. And also Senate Bill 1443, which creates a new offense for solicitation of murder. And I would ask for the adoption of Conference Committee Report #1."

"Gentleman moves for the adoption of First Conference Committee Report to Senate Bill 1376. And on that, the Gentleman from Dekalb, Mr. Countryman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Conference Committee Report would create a new offense called solicitation for murder. That offense would 241  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 have the same penalty as currently exists under the law for murder and that's a minimum of 20 years and not more than 40 years. Doesn't seem to me that it's right that somebody who solicits murder for hire, even though that that may not be carried out, is, in fact, required by law to be sentenced to the same amount of time as somebody who actually carries out and executes a murder. I think that's a substantial inconsistency in the law. In addition to that, this Bill creates substantially greater penalties for people alleged to have commit the crime of theft if the amount exceeds 10,000 dollars or more. Now, that may be something which we want to debate, but that debate should be done on this House floor on a time and day when we have plenty of debate and plenty of time. In fact, the law has been that there have been two offenses of misdemeanor theft under 300 dollars and felony theft anything over 300 dollars. Doesn't seem to me that the amount of money really makes any substantial difference to increase the penalties. And therefore, I would oppose this Conference Committee Report. Let's defeat this Conference Committee Report, send it back and get a Second Report. And I'd ask for your 'no' vote."

"Question is, 'Shall the House adopt the First Conference Committee Report?' 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 90 voting 'aye', 23 voting 'no', 3 voting 'present', and the House does adopt First Conference Committee Report to Senate Bill 1376. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Supplemental Calendar #6 appears Senate Bill 226. Mr. Clerk, read the 242  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Bill."

"Senate Bill 226, a Bill for an Act to amend the Revenue Act. First Conference Committee Report."

"Gentleman from Cook, Mr. Keane. Excuse me, Mr. Keane. Mr. Hultgren, for what purpose do you seek recognition?"

"Point of order. I don't think this one has been distributed."

"Mr. Clerk. 226, Senate Bill 226. I'm advised by the Clerk that it... that it has not been printed and distributed, so we'll take that out of the record. On this Order appears Senate Bill 1052. Mr. Clerk, read the Bill."

"Senate Bill 1052, a Bill for an Act to amend the Retailers' Occupation Tax Act. First Conference Committee Report."

"Gentleman from Cook, Mr. McGann."

"Thank you. Mr. Speaker and Members of the Assembly. Conference Committee Report #1 to Senate Bill 1052 is once again a revenue Bill that takes care of a few areas. First of all, the main thrust of the Bill remains, authorizes accelerated sales tax filers to petition the Department of Revenue to be excused from filing on a quarterly monthly basis if business conditions reduce liability. The House Amendment #1 added an immediate effective date. This was receded. Further, it goes on to propose that from January 1, 1988 the payment shall be equal to 90 percent of actual monthly liability, 100 percent of liability for the same Calendar month of the preceding year, or 100 percent actual liability for the quarterly monthly period. The proposal was initiated by the Illinois Retailers' and Merchants' Association. It has been credibly accepted by the Department of Revenue. And finally, the Conference Report 243  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 adds a revision to the real estate transfer tax recommended by the Taxpayers Federation so that this proposal that the county chief assessing officials may not use the data from the transfer declaration, except for quadrennial assessment purposes. So, I would ask for support of Conference Committee #1 of Senate Bill 1052."

"Gentleman from Cook moves for the adoption of the First Conference Committee Report to Senate Bill 1052. And on that, the Gentleman from Lake, Mr. Churchill."

"I'm sorry to rise on this point, Mr. Speaker, but we don't have a copy of it yet, and I would ask if it's printed and distributed."

"That will be out of the record. Mr. McCracken, for what purpose are you seeking recognition?"

"The last few Bills appear not to have been distributed. Give us a few minutes to get a copy over to us, be happy to look it over and accommodate everybody."

"Thank you. Supplemental Calendar #4 on page three appears House Bill 1237. Mr. Clerk, read the Bill."

"House Bill 1237, a Bill for an Act to amend the Township Law. First Conference Committee Report."

"Gentleman from Lake, Mr. Peterson. Mr. Klemm, did you wish to proceed with that Bill? Alright. Mr. Klemm, proceed."

"Thank you, Mr. Speaker. House Bill 1237, Conference Committee Report #1, the Senate recedes from Senate Amendments #1 and 2 and the Bill is further amended to be as follows. It amends the original language, provides for a seven day notice by mail and exclusion of any nature preserve or other area designated as a conservation area. It grants municipalities explicit authority to enter into binding intergovernmental jurisdiction agreements concerning annexations. Restricts municipalities from 244  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 charging more than the actual cost of installation of our water usage by an automatic sprinkling system. It allows additions of highway mileage to a county highway system in counties under 500,000 population up to 35 percent. It currently is now 25 percent of the total rural highway mileage in a county and it eliminates the requirement that the mayor and commissioners must devote 30 hours per week to their official duties in cities of 20,000. And I'll answer any questions, and I move its adoption."

"Gentleman from McHenry, Mr. Klemm. moves for the adoption of the First Conference Committee Report to House Bill 1237. There being no discussion, the question is, 'Shall the Conference Committee Report be adopted?' All those in favor signify by voting 'aye", those opposed vote 'no". Voting is open, and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 115 'ayes', none voting 'no' and none voting 'present', and the House does adopt the First Conference Committee Report to House Bill 1237. This Bill, having received the Constitutional Majority, is hereby declared passed. On Supplemental Calendar #5, on the Order of Conference Committee Reports, appears Senate Bill 1428. Mr. Clerk."

"Senate Bill 1428, a Bill for an Act in relationship to the rehabilitation of abandoned housing. First Conference Committee Report."

"Gentleman from Cook, Mr. Turner."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. Conference Committee Report #1 on House Bill... on Senate Bill 1428 creates the Abandoned Housing Rehabilitation Act. This is a rewrite of the entire Bill. It includes definitions of both 'abandoned property', 245  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 organizations that qualify for the abandoned property, *rehabilitation and provisions regarding the transfer of those properties judicial deed to community organizations. I ask for your favorable vote on..."

"Gentleman moves for the adoption of Conference Committee Report to Senate Bill 1428. There being... And on that, the Gentleman from Kane, Mr. Kirkland."

"Thank you. Representative... Thank you, Mr. Speaker. Representative, let me ask you a couple questions."

"Proceed, Sir."

"Thank you. Can you tell me how the Bill has changed as it was introduced, 1428, in the House, the major changes? And then I have a couple more specific questions."

"Primarily, it... we've deleted the provision which would deal with financial compensation to the owners. It makes the... it creates... it says that after five years, that a community organization can petition for a judicial deed with no compensation to the owner at that particular point. We're realizing that there may be a technical flaw in this Bill. We do have five years before we have to worry about trying to correct that particular piece. It also allows the... the community organization... it defines the community organizations that would qualify for this particular deed on the property. And it gives the owner the opportunity to regain possession of the property by petitioning the Circuit Court."

"I didn't understand. What's the original terms involving the five years and compensation to the owner? What was the original Bill and what is the change now?"

"The original terms are, for the most part, the same. What happens... what they did in the Conference Committee Report, is they removed the language dealing with 246  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day compensation."

"And what did that language say?"

"Could you repeat that question again?" June 30, 1987

"Yeah. What did the original language say as far as compensation to the owner, as I think you stated, within the five years and how has that been changed by the Conference Committee Report."

"Actually, the compensation part was not in there."

"I know. What was the compensation part of it though? We want to know what the change was and we can't find that out unless we know what was in the original Bill."

"Actually, the change was just technical changes in the Bill to make it... to make the Bill work. There were technical flaws in the sense that... in terms of defining the organizations, spelling out the method of time regarding before the building could actually be... the deed could be transferred over. All of this has been worked out so that it sort of flows in a systematic approach."

"Can you describe then, in the current Bill, what the procedure is for compensation of the owner?"

"That was not in the Bill. In the original Bill, it was not in there."

"Is it in this Bill?"

"It is not in this Bill either."

"Do you know what you were talking about when you talked about that, about a minute ago and I asked you more about it?"

"That was a mistake. That was not in the original Bill. It was just an error on the notes here."

"Okay. Now, in defining the property in the Conference Committee Report, you indicate that it's residential real estate for which taxes have been delinquent for the preceding two years and the property has been continuously 247  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 unoccupied by persons legally in possession for the last year. Is that language changed from the original Bill? Are those year and... two year and year periods changes from the original Bill?"

"Yes. It has changed. The original Bill did not talk at all about tax delinquency. It only dealt with abandoned... housing abandonment."

"So, the Conference Committee Report has added the delinquency requirement?"

"That's correct."

"Okay. Alright. In Section 4 of the new Bill... excuse me. Just a moment. Section 5 of the Conference Committee Report, some language has been deleted regarding the order not affecting the ownership of title to the property. Why did you delete that language?"

"Originally, only the owners were going to be defendants in the original Bill. And in this Conference Committee Report, we now make lien holders, mortgage holders and anyone who has an interest in the property also a defendant."

"Okay."

"Had you finished... have you completed you questioning, Mr. Kirkland?"

"Not quite."

"Proceed, Sir."

"Thank you."

"Mr. Piel, for... Mr. Piel."

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

"Indicates he will."

"Representative Turner, I know in the past that the realtors have had some questions about the underlying Bill. Have these problems been alleviated and taken care of as 248  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 far as they're concerned?"

"The realtors have never spoken to us regarding this Bill. They're neutral on this particular piece of legislation. This is a Bill that's very important to... especially our urban communities. It's a problem that we have in big cities regarding blighted property. What we find, that if property is abandoned for an excessive amount of time, you have scavengers and thieves who come in and start to strip the building of bricks. And what we do in this part... in this particular Bill, we allow community organizations to take possession and try to maintain a stable housing stock in the community."

"I don't have a copy of the Bill in front of me, Art, but in the Bill does it describe exactly what the underlining criteria is as far as a not-for-profit organization? Because our analysis just says a not-for-profit organization."

"What we're doing, regarding the not-for-profit organizations, what we've done is just stated that one of the purposes of that not-for-profit organization has to be housing. So that it would... the same language that all not-for-profit organizations have to go through regarding filing both state and 501(C-3), but its purpose... not the federal, but regarding the state not-for-profit, one of its purposes has to be housing."

"No, but the underlying Bill, the original Bill basically deal with the Abandoned Housing Rehabilitation Act, and it created... it's created to permit a not-for-profit organization to petition the Circuit Court. Now, the question I have is, in the Bill, is it defined exactly what a not-for-profit organization is? The reason I'm asking the question... Let me explain why I'm asking the question." 249  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987

"Yes, let me read Section (C) to you. It says 'organization means any Illinois corporation, agency, partnership, association, firm or other entity consisting of two or more persons organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of its operation which has among its purposes the improvement of housing'."

"So, its purposes have to be in the housing area."

"Absolutely."

"Thank you very much. No further questions, Mr. Speaker."

"Question is, 'Shall the House adopt First Conference Committee Report?' 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? Mr. Clerk, take the record. On this question there are 100... there are 99 voting 'aye', 11 voting 'no', 1 voting 'present', and the House does adopt First Conference Committee Report to Senate Bill 1428. And this Bill, having received a Constitutional Majority, is hereby declared passed. On Supplemental Calendar #6 appears Senate Bill 912. Mr. Clerk, read the Bill. Yes, Ms. Jones, for what purpose do you seek recognition?"

"Thank you, Mr. Speaker. Would you record me as 'aye on 1428, please?"

"Yes. Let the transcript show that Ms. Jones would have voted 'aye' on 1412 (sic - 1428). And now, Mr. Clerk, 912."

"Senate Bill 912, a Bill for an Act to amend an Act creating the Department of Children and Family Services. First Conference Committee Report."

"And on that, the Gentleman from Will, Mr. Regan." 250  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

June 30, 1987 "Thank you, Mr. Speaker, Members... 912, I move to adopt the First Conference Committee Report to Senate Bill 912. This is originally basic Bill allowed evidence into legal proceedings for the proof. Also takes care of an internal problem in the Department dealing with their insurance costs. I move its adoption."

"Gentleman from Will, Mr. Regan, moves that the House adopt the First Conference Committee Report to Senate Bill 912. And on that, the Gentleman from Cook, Mr. Preston."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise in support of this Conference Committee Report on Senate Bill 912. It enables the Department of Children and Family Services to provide some funds to replace the insurance premiums that they had to lose to provide some pool of funds for paying off claims that might be made against foster parents for any small amounts of damage that might be caused by a foster child that's placed with them. It's a good Bill. We've discussed it, and I would urge your aye vote." "Gentleman from DuPage, Mr. McCracken."

"Will the Sponsor yield?"

"Indicates he'll yield for a question."

"Is the underlying Bill still left in the Conference Committee?"

"Yes, exactly the same."

"And what does that do?"

"The underlying Bill allows, when proof is required from the Department in regards to children that they had to take into their care. there's a charge back to the parents in cases of abuse. So, they can go out and then charge the fees and the costs of that to the parents that have abused the child. Makes it easier to collect those fees." 251  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987

"Okay. Thank you."

"Question is, 'Shall the House adopt Conference Committee Report to Senate Bill 912?" All in favor signify by voting 'aye', those opposed vote 'no". Voting is open, and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 115 voting 'aye', none voting 'no' and none voting 'present', and the House adopts Conference Committee... the First Conference Committee Report to Senate Bill 912. And this Bill, having received a Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 226. Mr. Clerk, read the Bill."

"Senate Bill 226, a Bill for an Act to amend the Revenue Act. First Conference Committee Report"

"The Gentleman from Cook, Mr. Keane."

"Thank you, Mr. Speaker. Senate Bill 226 takes a number of Bills that appeared in Revenue Committee and they're agreed. The Bill basically requires the Department of Revenue to provide technical assistance under certain circumstances. It increases the disabled veterans' homestead exemption. It extends the downstate special reduced assessment to lands having a forest management plan into Cook County. It amends the Truth in Taxation Act and it requires the Department of Revenue to assess certified landfill properties. Be happy to answer any questions and ask for a favorable Roll Call."

"Gentleman from Cook, Mr. Keane, moves that the House adopt First Conference Committee Report. Is there any discussion? There being none, the question is, 'Shall the House adopt the First Conference Committee Report?" All in favor signify by voting 'aye', those opposed vote 'no'. Voting is open, this is final action. Have all 252  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this there are 110 voting 'aye', none voting 'no', 1 voting 'present', and the House adopts the First Conference Committee Report to Senate Bill 226. And this Bill, having received the Constitutional Majority, is hereby declared passed. On this Order appears Senate Bill 1052. Mr. Clerk, read the Bill."

"Senate Bill 1052, a Bill for an Act to amend the Retailers' Occupation Tax Act. First Conference Committee Report."

"Gentleman from Cook, Mr. McGann."

"Thank you, Mr. Speaker, Members of the Assembly. I've given you a detailed explanation to Conference Committee #1 to Senate Bill 1052. It's a Bill that's requested by IRMA and also the Taxpayers' Federation. Be happy to answer any additional questions. I'd ask for its adoption."

"Gentleman from Cook, Mr. McGann, moves for the adoption of the First Conference Committee Report to Senate Bill 1052. Is there discussion? There being none, the question is, 'Shall the Conference Committee be adopted?' 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 107 voting 'aye', none voting 'no', 4 voting 'present', and the House does adopt Conference Committee 1 to Senate Bill 1052. And this Bill, having received the Constitutional Majority, is hereby declared passed. Supplemental Calendar announcement."

"Supplemental #9 to the House Calendar is now being distributed."

"On Supplemental Calendar #6 appears House Bill 253  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 479. Mr. Clerk, read the Bill."

"House Bill 479, a Bill for an Act to amend the Illinois Vehicle Code. First Conference Committee Report."

"Gentleman from Effingham, Mr. Hartke."

"Thank you very much, Mr. Speaker. House Conference Committee Report #1 to House Bill 749 (sic - 479) contains the provisions... and left in the House and it concurred with House Amendment #1. Then it adds three new Sections to the Vehicle Code. I'd be happy to answer any questions on this Bill."

"Gentleman from Effingham moves that the House adopt First Conference Committee Report to House Bill 479. On that, the Gentleman from DuPage, Mr. McCracken."

"Mr. Speaker, this is another Bill that hasn't been printed or distributed. You know, we're trying to cooperate. I understand the press of business, but we have to see these before they're called. And we don't have them. My Members are looking to me to see if..."

"Alright. Mr. McCracken, we all agree with that. The Chair doesn't know when it calls the Bill and the Sponsor isn't sure either. So, if you will signal, we will be perfectly happy to recognize you. We'll get back to you. On Calendar... Supplemental Calendar #8 appears Senate Bill 871. House... I'm sorry, Mr. Clerk. House Bill, House Bill 871."

"House Bill 871, a Bill for an Act in relationship to flag theft and defacement. First Conference Committee Report."

"Gentleman from Cook, Mr. DeLeo."

"Thank you, Mr. Speaker, Members of the House. I ask for the adoption of First Conference Report on House Bill 871. House Bill 871 was the original defacing the flag Bill. This Bill passed the House by a vote of 104 to 10. It 254  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 passed the Senate 59 to 0. House Bill 871 now contains the following additional provisions. House Bill 2358 was introduced by Representative Slater. This Bill requires that the retention of criminal history records verified by pretrial service agency only if they are maintained in accordance with written procedures approved by the Chief Judge or his designee. This Bill also passed the House by a vote of 116 to 0. It passed the Senate Judiciary Committee 11 to nothing and it was placed on Postponed Consideration on the Senate floor on the final day of passage. Also, this Bill contains House Bill 349, which was introduced in this House by Representative Kubik. This Bill addresses the graffiti problem, broadens the availability of sentencing alternatives imposed for criminal damage to property by use of paint or any other substance. This Bill also passed the House by 116 to nothing. This also includes Senate Bill 1369. This Bill raises the maximum fines that can be assessed to an individual in a criminal case. This Bill passed the Senate by a vote of 57 to 1 and was placed on the House Judiciary Calendar - Interim Study. Also in this is Senate Bill 1397. This expands the offense of threatening a public official to include a verbal, in person threat to take the life or inflict great bodily harm upon a public official or a member of his immediate family. It also adds to a public official that an assistant state's attorney is defined as a public official. This Bill also passed the Senate 59 to 0. The House Judiciary Committee voted 11 to nothing and was postponed on Third Reading. The last proposal of Conference Committee Report 871 is House Bill 2721. This Bill creates that a Class 2 felony for aggravated battery against a senior citizen where great bodily harm or permanent disability or disfigurement is caused to a person 255  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987 60 years of age or older. This Bill passed the House Judiciary Committee and was placed on Postponed Consideration. I urge for the adoption of Conference Committee 1 on House Bill 871."

"Gentleman moves for adoption of Conference Committee 1. And on that, the Gentleman from Champaign, Mr. Johnson."

"What this Bill is, and again, with respect to my really good friend, Jim DeLeo, this is a compilation of all the Bills that we've beaten before. That's exactly what this Bill is. We already beat, just the other day, yesterday or the day before, a ridiculous Bill that makes it a crime I guess yeah, a crime for a village alderman's son to be accosted in school and threatened by his classmates to beat him up or to do great bodily damage to him because he happens to be an alderman's son. The laundry list here of a million categories of public officials and now we're going to put ourselves on an elevated plain, better than other people and members of our family SO that we can provide this extra protection for us that we really don't need. The other thing is that's contained in here is the Bill that Representative Daley had that does what I said it did when we got to the end of the deadline and that is to garbage up our statutes again with new sentencing requirements so we can fill the penitentiary so that we can have every conceivable group in the world come in and say, 'Well, if you treat senior citizens that way, why not policemen, why not park employees, why not on a public place, why not firemen and every other group in the world SO that we can make our statutes totally meaningless, so that juries aren't going to convict people, SO that the criminal justice system in Illinois doesn't mean a damn thing?" There's probably a third Bill in here that's been 256  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 defeated before, too. So, what this Bill is, House Bill 871, is it's a slap in the face to every Member of the General Assembly who listened to the debate deliberatively just the other day and listened to the debate on Representative Daley's Bill a couple of weeks ago, and on another Bill a couple of weeks ago, defeatedly them all overwhelmingly."

"Excuse me, Mr. Johnson. Mr. DeLeo, for what purpose are you seeking recognition?"

"Tim, it's June 30th at 9:30. Can I take this out of the record and we'll go home."

"Out of..."

"With leave of the Body, I'd ask to take this out of the record."

"Out of the record. Out of the record. Calendar announcement."

"Supplemental #10 to the House Calendar is now being distributed."

"On Supplemental Calendar #9 appears ... on the Order of Conference Committee Reports appears House Bill 2102. Mr. Clerk, read the Bill. Yes, Mr. McCracken."

"2102 is still warm. We just got this. Would you take this... It's literally still warm. And it's a long Bill. It looks like it's an important Bill. We'd like to look at it. Or else I'll ask that it lay on our desks for an hour."

"Alright, let's take that out of the record, Mr. Cullerton. We'll be back to you. ... Cullerton, for what purpose do you seek recognition?"

"Mr. Speaker, I think the record should reflect that I have become the Chief Sponsor of House Bill 2102."

"Mr. Clerk. Speaker Madigan in the Chair. Mr. Clerk, do you have a Resolution to read?" 257  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day

"House Joint Resolution. June 30, 1987 Resolved by the House of Representatives of the 85th General Assembly of the State of Illinois, the Senate concurring herein, that both Houses adjourn on Tuesday, June 30th, 1987 and they stand adjourned until Thursday, October 8th, 1987 at 12 o'clock noon."

"You've all heard the Resolution. Mr. McPike moves the adoption of the Adjournment Resolution. Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it. The Resolution is adopted. The Chair is prepared to adjourn. I apologize for not keeping my promise concerning five o'clock. But it is five o'clock in Hawaii. And I'm not entirely responsible. Ladies and Gentlemen, before we adjourn, I want to congratulate all of you and thank you for the very fine work that you've done during this session of the General Assembly. This is the first time, in my memory, that we will adjourn on schedule, before midnight on June 30th. And you are all to be congratulated for that. The only reason we were able to do it was because of the fine cooperation of all Members and in particular, Mr. Daniels, the Minority Leader, and the Members of his Party. Chair recognizes Mr. Churchill. Mr. Churchill."

"Thank you, Mr. Speaker. I would defer to Representative Daniels, who would like to make an announcement."

"Sure. Chair recognizes Mr. Matijevich."

"No, only to remind, Mr. Speaker, that there's some Agreed Resolutions that have to be adopted, I understand."

"Mr. Clerk."

"Agreed Resolutions. Senate Joint Resolution 61, Giglio; 72, Levin. House Resolution 715, Farley."

"Mr. Matijevich."

"Speaker, I..." 258  73rd Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 30, 1987

"And 674, Giorgi."

"Mr. Matijevich."

"Speaker, Members of the House, I move the adoption of the Agreed Resolutions."

"Mr. Daniels, do you seek recognition on the Agreed Resolutions? Mr. Daniels."

"I just wanted to make the announcement that the Members of the House and the Senate are invited to the Mansion for an end of session wrap-up time and of course, at the session will be a cash bar. And I'm sure you'll all understand that now because of tight times. So, at the Mansion, immediately after adjournment will be an end of session wrap-up for Members of the House and Senate and appropriate staff."

"Those in favor of the Agreed Resolutions say 'aye', those opposed say 'no'. The 'ayes' have it. The Agreed Resolutions are adopted. Mr. Clerk. Mr. Clerk."

"A Death Resolution. House Resolution 714, Wyvetter Younge, with respect to the memory of Thelma McKinney."

"Mr. Matijevich moves the adoption of the Resolution. Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it. The Resolution is adopted. Mr. McPike moves that the House stand adjourned until 12:00 noon, October 8, 1987. Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it. The House does stand adjourned, providing one minute of Perfunctory Session. Thank you very much."

"Introduction and First Reading of Bills. House Bill 2885, Keane, a Bill for an Act to amend the Revenue Act. House Bill 2886, Johnson, a Bill for an Act to amend the Liquor Control Act. No further business, the House now stands adjourned. Senate Joint Resolution 77, Senate Joint 259  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 73rd Legislative Day June 30, 1987 Resolution 28, Senate Joint Resolution 29, Senate Joint Resolution 59, Committee on Assignment." 260  DOCUMENT NAME T063087 REQ STORE OPER GROUP PRINT COMMAND D DATE COPY WIDTH DEPΤΗ ERROR 39 0 pj 04/01/88 1 66 78  STATE OF ILLINOIS 85TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JUNE 30, 1987 PAGE 1 HB-0038 MOTION HB-0113 CONFERENCE HB-0259 CONFERENCE PAGE 72 PAGE 212 PAGE 237 HB-0259 OUT OF RECORD HB-0308 CONCURRENCE HB-0474 CONFERENCE PAGE 237 PAGE 7 PAGE 237 HB-0479 CONFERENCE PAGE 253 HB-0482 CONFERENCE PAGE 154 HB-0486 CONFERENCE PAGE 137 HB-0513 CONFERENCE PAGE 214 HB-0529 CONFERENCE PAGE 111 HB-0612 CONFERENCE PAGE 213 HB-0770 CONFERENCE PAGE 155 HB-0773 CONFERENCE PAGE 156 HB-0776 CONFERENCE PAGE 156 HB-0777 CONFERENCE PAGE 160 HB-0780 CONFERENCE PAGE 160 HB-0782 CONFERENCE PAGE 161 HB-0783 CONFERENCE PAGE 162 HB-0784 CONFERENCE PAGE 206 HB-0789 CONFERENCE PAGE 165 HB-0791 CONFERENCE PAGE 171 HB-0793 CONFERENCE PAGE 174 HB-0799 CONFERENCE PAGE 174 HB-0871 CONFERENCE PAGE 254 HB-0871 OUT OF RECORD PAGE 257 HB-1064 CONCURRENCE PAGE 38 HB-1163 CONFERENCE PAGE 176 HB-1167 CONFERENCE PAGE 127 HB-1174 CONFERENCE PAGE 129 HB-1234 CONFERENCE PAGE 176 HB-1237 CONFERENCE PAGE 244 HB-1275 CONFERENCE PAGE 177 HB-1305 MOTION PAGE 24 HB-1312 CONFERENCE PAGE 109 HB-1339 MOTION PAGE 82 HB-1351 CONCURRENCE PAGE 22 HB-1368 CONFERENCE PAGE 178 HB-1412 CONFERENCE PAGE 239 HB-1432 CONFERENCE PAGE 217 HB-1532 MOTION PAGE 73 HB-1636 CONFERENCE PAGE 179 HB-1699 CONCURRENCE PAGE 150 HB-1859 CONFERENCE PAGE 183 HB-1867 CONFERENCE PAGE 218 HB-1897 CONFERENCE PAGE 180 HB-1924 CONFERENCE PAGE 107 HB-1937 CONCURRENCE PAGE 26 HB-2034 CONFERENCE PAGE 197 HB-2102 DISCUSSED PAGE 257 HB-2151 CONFERENCE PAGE 229 HB-2190 CONFERENCE PAGE 230 HB-2243 CONCURRENCE PAGE 8 HB-2323 CONFERENCE PAGE 202 HB-2332 CONFERENCE PAGE 228 HB-2373 CONFERENCE PAGE 207 HB-2591 CONFERENCE PAGE 209 HB-2682 CONCURRENCE PAGE 27 HB-2797 CONFERENCE PAGE 229 HB-2838 CONFERENCE PAGE 145 HB-2849 CONCURRENCE PAGE 31 HB-2885 FIRST READING PAGE 259 HB-2886 FIRST READING PAGE 259 SB-0047 CONFERENCE PAGE 210 SB-0117 NON-CONCURRENCE PAGE 101  STATE OF ILLINOIS 85TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JUNE 30, 1987 PAGE 2 SB-0117 CONFERENCE PAGE 235 SB-0225 NON-CONCURRENCE PAGE 6 SB-0226 CONFERENCE PAGE 242 SB-0226 CONFERENCE PAGE 252 SB-0226 OUT OF RECORD PAGE 243 SB-0237 NON-CONCURRENCE PAGE 189 SB-0310 NON-CONCURRENCE PAGE 197 SB-0317 CONFERENCE PAGE 189 SB-0319 CONFERENCE PAGE 181 SB-0322 CONFERENCE PAGE 190 SB-0326 CONFERENCE PAGE 191 SB-0327 CONFERENCE PAGE 192 SB-0332 CONFERENCE PAGE 192 SB-0337 CONFERENCE PAGE 193 SB-0338 CONFERENCE PAGE 194 SB-0377 CONFERENCE PAGE 211 SB-0483 CONFERENCE PAGE 232 SB-0580 CONFERENCE PAGE 195 SB-0600 CONFERENCE PAGE 146 SB-0653 CONFERENCE PAGE 130 SB-0682 CONFERENCE PAGE 139 SB-0688 NON-CONCURRENCE PAGE 7 SB-0696 CONFERENCE PAGE 142 SB-0731 CONFERENCE PAGE 182 S3-0839 CONFERENCE PAGE 196 SB-0886 NON-CONCURRENCE PAGE 101 SB-0912 CONFERENCE PAGE 250 SB-0918 CONFERENCE PAGE 106 SB-0952 MOTION PAGE 21 SB-1014 CONFERENCE PAGE 224 SB-1052 CONFERENCE PAGE 243 SB-1052 CONFERENCE PAGE 252 SB-1052 OUT OF RECORD PAGE 244 SB-1080 NON-CONCURRENCE PAGE 9 SB-1155 NON-CONCURRENCE PAGE 171 SB-1222 CONFERENCE PAGE 144 SB-1263 CONFERENCE PAGE 144 SB-1326 NON-CONCURRENCE PAGE 21 SB-1376 CONFERENCE PAGE 241 SB-1400 CONFERENCE PAGE 102 SB-1407 CONFERENCE PAGE 240 SB-1421 CONFERENCE PAGE 234 SB-1428 CONFERENCE PAGE 233 SB-1428 CONFERENCE PAGE 245 SB-1428 OUT OF RECORD PAGE 234 SB-2354 CONFERENCE PAGE 150 HR-0027 DISCUSSED PAGE 76 HR-0101 ADOPTED PAGE 20 HR-0130 ADOPTED PAGE 19 HR-0133 ADOPTED PAGE 15 HR-0134 ADOPTED PAGE 17 HR-0135 ADOPTED PAGE 18 HR-0158 ADOPTED PAGE 83 HR-0222 ADOPTED PAGE 60 HR-0309 ADOPTED PAGE 25 HR-0354 ADOPTED PAGE 73 HR-0465 ADOPTED PAGE 84 HR-0501 ADOPTED PAGE 62 HR-0517 ADOPTED PAGE 5 HR-0623 MOTION PAGE 62 HR-0623 ADOPTED PAGE 64 HJR-0109 MOTION PAGE 64 *HJR-0001 SECOND READING PAGE 4 HJR-0006 SECOND READING PAGE 4 HJR-0013 THIRD READING PAGE 77  787 STATE OF ILLINOIS 85TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JUNE 30, 1987 PAGE 3 #HJR-0020 FIRST READING PAGE 65 *HJR-0021 FIRST READING PAGE 97 SJR-0010 ADOPTED PAGE 33 SJR-0028 FIRST READING PAGE 259 SJR-0029 FIRST READING PAGE 259 SJR-0034 ADOPTED PAGE 81 SJR-0049 ADOPTED PAGE 61 SJR-0054 MOTION PAGE 147 SJR-0054 ADOPTED PAGE 148 SJR-0059 FIRST READING PAGE 259 SJR-0077 FIRST READING PAGE 259 SUBJECT HATTER HOUSE TO ORDER - REPRESENTATIVE BRESLIN PAGE 1 PRAYER - REVEREND WARTON PAGE 1 PLEDGE OF ALLEGIANCE PAGE 2 ROLL CALL FOR ATTENDANCE PAGE 2 RECESS PAGE 14 MESSAGE FROM SENATE PAGE 77 AGREED RESOLUTIONS PAGE 82 GENERAL RESOLUTIONS PAGE 83 COMMITTEE ON ASSIGNMENT PAGE 83 AGREED RESOLUTIONS PAGE 153 DEATH RESOLUTIONS PAGE 153 ADJOURNMENT RESOLUTION PAGE 257 AGREED RESOLUTIONS PAGE 258 DEATH RESOLUTIONS PAGE 259 ADJOURNMENT PAGE 259 PERFUNCTORY - ADJOURNMENT PAGE 259