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Illinois House Floor Debate — October 20, 1987

85th General Assembly (1987-1988) · Legislative day 75 · Regular Session
Chamber
House
General Assembly
85th (1987-1988)
Date
October 20, 1987
Legislative day
75
Session
Regular Session
Speaker turns
475
Original
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Speaker McPike

"House will come to order. House will come to order. Members will be in their seats. The chaplain for today will be the Reverend Thomas Mehaffy, pastor of Roseville Christian Church. Reverend Mehaffy is a guest of Representative David Hultgren. Guests in the balcony may wish to rise to join us in the invocation."

Reverend Mehaffy

"Our gracious heavenly Father, we come and we thank You for the day. We thank You for the state in which we live. Father, we thank You for these men and women who gather, Father, to decide and to bring to order the laws of our state and to cause us to live in peace and in harmony. God, we realize that they're Your people, they're Your Representatives that have been given to US, So that our lives might take on meaning and purpose, that Father, we might not just live for ourselves but live for others. May every decision that they make and everything that they do be in good conscience. Father, may it be Your will and Lord, may we prosper, may we grow. Father, in all things be strengthened, but most of all to the honor and the glory of Your Holy name in which we pray. Amen.

Speaker McPike

"Led in the Pledge of Allegiance by Representative Ropp."

Ropp et al

"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."

Speaker Mc Pike

"Roll Call for Attendance. Take the record. Representative Piel."

Piel

"First, Hr. Speaker, I would like the chamber to welcome back, Representative Myron Olson and Representative Fred Tuerk after a long absence. I can also assure the Members they're as ornery as ever. And would the record reflect 1 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 that Representative Panayotovich and Representative Barnes are excused today?"

Speaker McPike

"Certainly. Certainly. 114 Members... Representative Matijevich?"

Matijevich

"Yes, Mr. Speaker, let the record reflect the excused absences of Representative Braun, due to illness and Representative Keane, due to official business."

Speaker McPike

"Thank you. 113 Members answering a roll call, a quorum is present. I would like to introduce a visitor who is on the House floor, standing in the middle aisle next to Representative Hasara. The Gentleman is Senator "Kamara" from Liberia. We would like to welcome him to the Illinois General Assembly. Representative Ropp in the Chair for an introduction."

Ropp

"Thank you, Mr. Speaker and Members of the House. This pass summer in South Bend, Indiana on the combined campuses of Notre Dame University and the College of St. Mary, the Seventh International Summer Special Olympic Games took place. 4,500 athletes and their coaches representing the United States and over 70 other nations took part in the 9 day activity. Illinois was represented by 92 Special Olympians and 23 coaches. Today, we are honored to have some of those young members of that Olympic Team present. And as I call their name and where they're from, they'll kindly step forward and be recognized. Denise Forester is from Belleville. We'll give them all a big round of applause after we get all through. Tim Redstone is from Granite City. Tim, take a step forward. Mike Brown is from Springfield. John Buck is from Beardstown. Gary Crowley is from Decatur. Nicky Gains is from Le Roy. Charley Johnson is from Caradalet. Susan Epley is from Beardstown. Jim Beard is from Jacksonville. Shelley Carle is from Decatur. Sharon Parent is from Belleville. Mike 2 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 Cavanaugh is from Bloomington. Roy Rockwell is from Beardstown. Roger is from Bloomington. And the coaches. Ladies and Gentlemen, are Rick Stevens is from Jacksonville. Joe Higgins is from Granite City and Mary Jo Johnson is from Normal. Let's give them all a big round of applause for an outstanding job that they did. Special Olympians from Illinois. Congratulations."

Speaker McPike

"Committee Report."

O'Brien

"Committee on Rules has met, and pursuant to Rule 29(c)-3 the following Bills have ruled... been ruled exempt: House Bills 99, 998, 1055, 1616, 1923, 2034, 2065, 2712, 2747, 2788 and 2852; Senate Bills 126, 236, 652, 916, 943, 1025, 1322, 1326 and 1377. John Matijevich, Chairman."

Speaker McPike

"Can we have your attention for another introduction. Representative Parcells in the Chair."

Parcells

"Thank you. Ladies and Gentlemen, I'm very proud to introduce a Resolution honoring New Trier High School's Math Team. New Trier is located in my district, and although I represent the lions share of the students there, Representatives Stern, Bowman and Sutkers' districts also send many students to New Trier and they share in the pride that I have in making this award to New Trier. Last May the 2nd, New Trier High School's Math Team won its seventh, count them, seven consecutive Illinois State Championship Math Titles. When I read this good news in the paper, I asked the team to come to Springfield, but it was too late in the Session. So, they said, "Can we come in the fall?' I said, 'Fine, come on down during the Veto Session'. In the meantime, in the month of August, August 1st to 5th to be exact, they went out to Seattle, Washington to compete in the National Championships. And you guessed it, you are looking at the 1987 Math Champions of the United States! 3 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 All of us in the State of Illinois are proud of the New Trier Math Team for winning the National Championship. And we heartily congratulate them on their seventh consecutive state title. Ladies and Gentlemen, I move for the adoption of this congratulatory Resolution #837, honoring the New Trier High School Math Team, their coaches and their sponsor, Richard Road. All in favor of the Resolution please signify by saying 'aye', those opposed by saying 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. I would now like to take one moment and introduce to you the Sponsor and one of the coaches of this outstanding Math Team, Mr. Richard Road, who wants to say a few words to you and then sing to you the official Math Competition Song. Thank you."

Richard Road

"On behalf of the New Trier community and on behalf of the students and teachers throughout all of Illinois, who spend countless hours each day on their studies, I want to thank the Assembly for honoring our academic achievement. And now, I hope for your enjoyment as it happens each year at the State Math contest, I would like to sing for you the official State Math Contest song. (sings song)."

Speaker McPike

"Representative Harris. Would everyone on the... Representative Harris. Would everyone on the floor... I wonder if we could have your attention for a minute? Representative Harris has an announcement that he would like to make."

Harris

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I know... I'll take you from your business for just one second. It's been a long summer for all of us and hopefully we've all enjoyed it. Most of you are probably aware that it's been an especially long summer for my family and I. We've spent the summer living in a hospital 4 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 room with my son. He was, as most of you know, diagnosed early June as being critically ill and many of you know what the nature of the disease is. I won't bore you with the details but, his initial diagnosis is... his initial diagnosis, it's kind of been one constant stream of complications, one after the other. Most recently we have been in Houston, Texas undergoing experimental treatment for the past month. Seven weeks ago, after he was operated on for the sixth time, most doctors didn't really think that he was going to make it, but there's been a lot of prayers out there from a lot of people. A lot of prayers from people on this House floor and from people on the other side of the rotunda, from the Senate side. Many cards, many letters, many gifts, I can't tell you what they've meant. We have really been inundated and we thank you, my wife and I thank you. It's meant a lot to me. It's meant a lot to my son. Eventually, when we dig out we will probably try to answer each and everyone of you individually. But, I did want to take a moment to thank you personally. It's really meant a lot. It's kept us going. The news is a little better than it was and there's been improvement with a conditional but, but that conditional but is the type of thing that keeps us going and your support has kept us going. And I do thank you very much."

Speaker McPike

"Agreed Resolutions. Representative Giorgi."

Giorgi

"Mr. Speaker, I move for the adoption of the Agreed Resolutions #716 through 832 and House Joint Resolutions 120, 121, 123 and 125. I move the adoption."

Speaker Mc Pike

"The Gentleman moves for the adoption of the Agreed Resolutions. Is there any discussion? Being none, the question is, 'Shall the Agreed Resolutions be adopted?' All those in favor signify by saying 'aye', opposed 'no'. 5 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 The 'ayes' have it. Agreed Resolutions are adopted. The House will stand at ease for a few minutes. And while we're at ease, I want to introduce some visitors from "Bangor', Wales in the balcony. Mr. & Mrs. Trevor Jones, welcome to Springfield, Illinois. Representative Tate."

Tate

"Yes, Mr. Speaker, before Gary leaves... Gary LaPaille, I would like to..."

Speaker Mc Pike

"ΜΓ... Mr. Electrician, you can turn him down just a little."

Tate

"I would like to make a public apology for Gary, because in the past couple years, I might have said a few partisan things about Gary LaPaille and it was obvious that Gary can't be all that bad because in the last recent few months, Gary has made a very wise decision and is about to marry a very good Republican girl. And from this side of the aisle, I'd certainly like to congratulate Gary LaPaille into a great Republican marriage. Thank you."

Speaker Mc Pike

"Maybe you should hold that until after the elections in November of '88. And for you... and for you, Mr. Tate, also the March primary. Representative Preston."

Preston

"Thank you. Mr. Speaker. I just wanted to comment that I think it's very apropo and fair the Republicans get Sam Panayotovich and the Democrats get Chris Frivoletti. It's a fair exchange."

Speaker McPike

"Supplemental Calendar announcement."

O'Brien

"Supplemental Calendar #2 is being distributed."

Speaker Mc Pike

"General Resolutions. House Resolution 833. Read the Resolution, Mr. Clerk."

O'Brien

"House Resolution 833, offered by Representative Daniels. Resolved by the House of Representatives of the 85th General Assembly of the State of Illinois, that the Honorable Sam Panayotovich be placed upon the roll call of the Republican Members of the 85th General Assembly, that 6 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 he be permitted to choose his desk on the Republican side of the House and that he be given consideration in the appointment of Committees as a Republican House Member."

Speaker McPike

"Representative Daniels."

Daniels

"Yes, Mr. Speaker. I would move to suspend the appropriate rules for immediate consideration."

Speaker McPike

"Gentleman moves to suspend the appropriate rules for immediate consideration. Any objections? Hearing no objections, Attendance Roll Call will be used. Representative Daniels on the Resolution."

Daniels

"I move to adopt House Resolution 833."

Speaker McPike

"Gentleman moves to adopt House Resolution 833. Any discussion? There being none, the question is, Shall House Resolution 833 be adopted? All those in favor signify by saying 'aye', opposed 'no'. The 'ayes have it. The Resolution is adopted. Representative Daniels."

Daniels

"Mr. Speaker, Ladies and Gentlemen of the House, the adoption of House Resolution 833, officially seats Representative Sam Panayotovich on the Republican side of the aisle. To all of us on this side of the aisle, we wish him good fortune in becoming a Republican and we're certain... happy to have him join our side of the aisle. To those of you on the Democratic side, I know that you've lost a friend and a colleague in terms of the strictly political sense but, in terms of a friend I'm sure that you will continue to offer him your assistance as you have in the past. But if I might just mention, Mr. Speaker, and Ladies and Gentlemen of the House, Representative Sam Panayotovich is not here with us today and I know that on the roll call he has been offered an official excuse of absence. And he has asked me to state to all of you that he sends his regrets for not being able to be with you today but, he has suffered an unfortunate loss of his 7 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 unborn child and his wife, Cindy, is home recovering from the loss of their unborn child. I know that you will all join with me in sending to Cindy and to Sam our condolences for their recent loss and then of course, an extension of best wishes to his becoming a Republican. Thank you."

Speaker McPike

"Representative Daniels, are you requesting a caucus at this time?"

Daniels

"No, I did not request a caucus because I understand there's a meeting that is going to take place downstairs."

Speaker McPike

"Page 35 of the Calendar... page 35 of the Calendar, Amendatory Veto Motions. The Chair is going to go to those motions to accept the Governor's Amendatory Veto. On this Order of Business is House Bill 378. Representative Rice? House Bill 378. Yes. Mr. Clerk."

O'Brien

"Motion. I move to accept the specific recommendations of the Governor as to House Bill 378 in the manner and form as follows."

Speaker McPike

"Representative Rice."

Rice

"We move to accept the amendatory veto, Sir."

Speaker Mc Pike

"The Gentleman moves to accept the Governor's Amendatory Veto. Is there any discussion? There being none, the question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 378?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this motion, there are 112 'ayes', no 'nays', none voting 'present'. This motion, having received the required Constitutional Majority, motion is adopted. And the House accepts the Governor specific recommendation for change. House Bill 474. Representative Slater. Mr. Clerk."

O'Brien

"House Bill 474. I move to accept the specific recommendations of the Governor's to House Bill 474. 8 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day Representative Slater."

Speaker McPike

"Representative Slater." October 20, 1987

Slater

"Thank you, Mr. Speaker. I move for the adoption of a motion #1 relating to House Bill 474. 474 deals with rewrites and certain provisions of the Civil Practice Act. The amendatory veto specifically takes into account legislation which was passed by this Body in the summer of 1987, dealing with medical malpractice. The amendatory veto is one that has been requested by the Medical Society. I am in agreement with the Governor's Amendatory Veto."

Speaker McPike

"Is there any discussion? Being none, the question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 474?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this motion, there are Ill 'ayes', no 'nays', none voting 'present'. This motion, having received the required Constitutional Majority, the motion is adopted. And the House accepts the Governor's specific recommendations for change. Representative Slater, on motion 2. Is withdrawn. House Bill 887, Representative McGann. Representative McGann? Out of the record. Representative Black on House Bill 1187. Mr. Clerk."

O'Brien

"Motion. I move to accept the Governor's specific recommendations for change. Representative Black."

Speaker McPike

"Representative Black."

Black

"Thank you very much, Mr. Speaker. I would simply move that we concur with the Governor's action. House Bill 1187, amends the Civil Administrative Code and directs the Department of Agriculture to design and produce a label with the words, 'Illinois Fresh' on it. It will be placed on each container of fresh fruit, vegetables, meat or other 9 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day food commodity produced or originated October 20, 1987 in Illinois. The Governor's action simply makes this Bill permissive rather than mandatory and I am certainly in agreement with the Governor's action."

Speaker Mc Pike

"Is there any discussion? Being none, the question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 1187?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill (sic-motion), there are 113 'ayes", no 'nays', none voting 'present'. This motion, having received the required Constitutional Majority, motion is adopted. And the House accepts the Governor's specific recommendations for change. House Bill 1300, Representative Mulcahey. Is the Gentleman here? Representative Mulcahey? House Bill 1509, Representative Sieben. Representative Sieben, do you want this Bill called? Yes. Mr. Clerk."

O'Brien

"House Bill 1509, I move to accept the Governor's specific recommendations for change."

Speaker McPike

"Representative Sieben."

Sieben

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. In the ... what the Governor has done here is try and reduce the scope of this Bill so that it affects only those districts in communities of less than 1,500, and this has been done primarily at the request of the Illinois Association of Sanitary Districts. There was no opposition of the Bill originally, and I feel we have it now in a form that is acceptable to everyone. And I would move that we accept the Governor's Amendatory Veto."

Speaker Mc Mcl Pike

"Is there any discussion? Being none, the question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 10 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 1509?* All those in favor signify by voting 'aye, opposed vote "no". Have all voted? Have all voted who wish? Clerk will take the record. On this Bill (sic-motion), there are 110 'ayes', no 'nays', none voting 'present'. This motion, having received the required Constitutional Majority, the motion is adopted. And the House accepts the Governor's specific recommendations for change. House Bill 2193, Representative Braun. Out of the record. Mr. Novak, will you turn off Mr. Saltsman's speak button? Thank you. House Bill 2209, Representative Ryder. Mr. Clerk."

O'Brien

"House Bill 2209, I move to accept the Governor's specific recommendations for change."

Speaker McPike

"Representative Ryder."

Ryder

"Thank you, Mr. Speaker. The purpose of the amendatory veto was to remove some technically incorrect language concerning alcoholic and chemically dependent persons. I understand and accept the purpose of the amendatory veto, and move to accept."

Speaker Mc Pike

"Is there any discussion? Being none, the question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 2209?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 111 'ayes', no 'nays', none voting 'present'. This Motion, having received the required Constitutional Majority, the Motion is adopted. And the House accepts the Governor's specific recommendations for change. House Bill 2304, Representative Breslin. Mr. Clerk."

O'Brien

"House Bill 2304, I move to accept the Governor's specific recommendations for change."

Speaker McPike

"Representative Breslin."

Breslin

"Thank you. Mr. Speaker. Ladies and Gentlemen, the 11 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 Governor's recommendations for change in this Bill only deal with the technical method of transferring the funds that are collected into the proper Fish and Wildlife Fund. I move to accept the Governor's specific recommendations for change."

Speaker McPike

"Is there any discussion? Being none, the question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 2304?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 113 'ayes', no 'nays', none voting 'present'. This Motion, having received the required Constitutional Majority, the Motion is adopted. And the House accepts the Governor's specific recommendations for change. House Bill 2322, Representative McAuliffe. Mr. Clerk."

O'Brien

"House Bill 2322, I move to accept the Governor's specific recommendations for change."

Speaker McPike

"Representative McAuliffe."

McAuliffe

"I move to accept the Governor's Amendatory Veto. It just makes some technical changes in the Bill."

Speaker McPike

"Is there any discussion? Is there any discussion? There being none, the question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 2322?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this motion, there are 111 'ayes', no 'nays', none voting 'present'. This motion, having received the required Constitutional Majority, the motion is adopted. And the House accepts the Governor's specific recommendations for change. House Bill 2378. Representative Olson. Mr. Clerk." 12 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987

O'Brien

"House Bill 2378, I move to accept the Governor's specific recommendations for change."

Speaker McPike

"Representative Olson."

Olson

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2378 deals with a redress of our fine Senate Bill 800, of 3 years ago, which dealt with the Grain Dealers Act and at which time we no longer permitted companies to go down without farmers being indemnified. As a consequence, I accept the technical corrections that the Governor offered to this Bill and move for its adoption."

Speaker Mc Pike

"Is there any discussion? There being none, the question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 2378?' All those in favor voteg 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this motion, there are 113 'ayes', no 'nays', none voting 'present'. This motion, having received the required Constitutional Majority, the motion is adopted. And the House accepts the Governor's specific recommendations for change. House Bill 2813, Representative Churchill. Out of the record. Returning to page 35 of the Calendar under Amendatory Veto motions, the Chair will now proceed with those Bills where the Motion filed is to override. The first Bill is House Bill 16. Out of the record. Representative McCracken? On Supplemental Calendar #1. Under Amendatory Veto Motions, the Chair will go to those Motions to accept. And the first one on that list is House Bill 748, Representative Hartke. Mr. Clerk."

O'Brien

"House Bill 748, I move to accept the Governor's specific 370ommendations for change."

Speaker McPike

"Representative Hartke."

Hartke

"Thank you very much, Mr. Speaker, Members of the House. 13 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 I move to accept the Governor's Amendatory Veto on House Bill 748. I do believe that the Governor was wise in making this move and will make that Bill more effective and give time to implement the Bill. And I would appreciate your support."

Speaker Mc Pike

"Is there any discussion? The Gentleman from Dupage, Representative McCracken."

McCracken

"Thank you, Mr. Speaker, will the Sponsor yield? Representative, is this Amendment agreeable, do you know, with the telecommunications carriers that are affected?"

Hartke

"Yes, as a matter of fact, they were the ones that urged the Governor to do the amendatory action and I agree and will accept that idea."

McCracken

"Okay. Thank you."

Speaker McPike

"Further discussion? Being none, the question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 748?' All in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this motion, there are 111 'ayes', no 'nays', none voting 'present'. This motion, having received the required Constitutional Majority, the motion is adopted. And the House accepts the Governor's specific recommendations for change. House Bill 932, Representative Richmond. Mr. Clerk."

O'Brien

"House Bill 932, I move to accept the Governor's specific recommendations for change."

Speaker McPike

"Representative Richmond."

Richmond

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to accept the Governor's action on House Bill 932, his Amendatory Veto."

Speaker McPike

"Any discussion? Being none, the question is, 'Shall the House accept the specific recommendations for 14 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 All in favor vote Have all voted change with respect to House Bill 932?' 'aye', opposed vote 'no'. Have all voted? who wish? Clerk will take the record. On this Bill, there are 110 'ayes', no 'nays', none voting 'present'. This motion, having received the required Constitutional Majority, the motion is adopted. And the House accepts the Governor's specific recommendations for change. House Bill 971, Representative Mautino. Out of the record.

O'Brien

Representative Mautino here? Representative Mautino. Mr. Clerk." "House Bill 971, I move to accept the Governor's specific recommendations for change."

Speaker McPike

Mautino

"Representative Mautino." "Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I move to accept the Governor's amendatory language to House Bill 971, which is providing for the Juvenile Justice System and the court involvement in the juveniles in need provisions, superintendent of education of the opportunity to implement programs SO that the local region will have the before the judicial system is involved in the juvenile in need of I move for the adoption and the motion."

Speaker McPike

"Representative McCracken." supervision.

McCracken

"Thank you, Mr. Speaker. I was trying to listen and I couldn't hear over the din. I wonder if we could have some order and then maybe, Dick can tell us what this Bill does."

Speaker McPike

"I wonder if the House could give Representative Mautino a little order."

Mautino

"Basically, the Governor's Amendatory Veto Message established that he felt that House Bill 971 stopped short of providing all of the options that is needed to continue the effort to combat truancy... the truancy this state. This situation in provides for the minor in need of 15 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 supervision. His supervision, the truant in need of amendatory veto and his acceptance provides that there is a requirement to comply with the individualized educational plan of... or service plan as specifically provided by the superintendent of the appropriate education service region. And it provides for the obtaining of counseling or other supportive services before the Juvenile Justice System and the Criminal Justice System establishes itself. And that is the basis of the Bill. I accept his recommendations."

Speaker Mc Pike

"Any discussion? Representative Ropp, did you want to discuss this? Proceed."

Ropp

"Mr. Speaker, I was going to ask a question of the..."

Speaker McPike

"Proceed."

Ropp

"Representative Mautino, is this the Bill that attempts to do something important for juveniles or dropouts, but also excludes the county that has the largest dropout rate in the state?"

Mautino

"This legislation eliminates those counties with larger than 2,000,000 population, because in downstate Illinois we have regional superintendents of schools, that is not the case in the City of Chicago. They have their own established education administration provisions. This was recommended by the downstate superintendents and principals."

Ropp

"Okay. So in other words, we'll need another Bill next Session to take care of the severe problem that is in the Northeastern part of our state?"

Mautino

"I'm sure that a Legislator Chicago area would be most addresses downstate." from the Cook County or happy to provide that, this

Ropp

"Let's hope so. Thank you."

Speaker McPike

"Representative Mautino for a Motion." McCracken. Representative 16 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987

Mautino

"I move that we accept the Governor's Amendatory Veto language on House Bill 971."

Speaker McPike

"The question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 971?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this motion, there are 111 'ayes', no 'nays', none voting 'present'. This motion, having received the required Constitutional Majority, the motion is adopted. And the House accepts the Governor's specific recommendations for change. House Bill 1168, Representative Frederick. Mr. Clerk."

O'Brien

"House Bill 1168, I move to accept the Governor's specific recommendations for change."

Speaker McPike

"Representative Frederick."

Frederick

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1168 originally allowed the Department of Revenue to incorporate by reference federal statutes and regulations in it's income tax regulations without identifying them by date. And to indicate that such incorporation contains no further Amendment as required under the Administrative Procedure Act. Effect of the Governor's veto was to remove that provision of the Bill and also to change the effective date to December 31, 1988, as opposed to the immediate effective date. I move that we accept the Governor's Amendatory Veto."

Speaker Mc Pike

"Is there any discussion? Being none, the question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 1168?' All in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this motion, there are 114 'ayes', no 'nays', none voting 'present'. This motion, having 17 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 received the required Constitutional Majority, the motion is adopted. And the House accepts the Governor's specific recommendations for change. House Bill 1168, Representative Anthony Young. I'm sorry, there's two of them for that. So that motion is tabled. Are you going to withdraw that motion, Mr. Young? Thank you. House Bill 1484, Representative Doederlein. Mr. Clerk."

Leone

"House Bill 1484, I move to accept the specific recommendations of the Governor as to House Bill 1484, in the manner and form as follows."

Speaker McPike

"Representative Doederlein."

Doederlein

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I accept the amendatory recommendations of the Governor on this Bill."

Speaker McPike

"Any discussion? There being none, the question is, Shall the House accept the specific recommendations for change with respect to House Bill 1484?" All those in favor vote "aye", opposed vote 'no". Have all voted who wish? The Clerk will take the record. On this motion, there are 113 'ayes', no 'nays', none voting *present'. This motion. having received the required Constitutional Majority, the Motion is adopted. And the House accepts the Governor's specific recommendations for change. House Bill 1546, Representative Braun. Out of the record. House Bill 2164, Representative LeFlore. Mr. Clerk."

Leone

"House Bill 2164, I move to accept the specific recommendations of the Governor as to House Bill 2164 in the manner and form as follows."

Speaker McPike

"Representative LeFlore."

LeFlore

"Thank you, Hr. Speaker. I move to accept the changes in House Bill 2164 as vetoed by the Governor."

Speaker McPike

"Is there any discussion? Representative McCracken." 18 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987

McCracken

"Yes, thank you. Will the Sponsor yield?"

Speaker McPike

"He wil1."

McCracken

"As amended, Representative LeFlore, does it still relate only to retirement ages of firefighters and law enforcement officers?"

LeFlore

"Yes."

McCracken

"No other type of public..."

LeFlore

"No."

McCracken

"...employees would be covered?"

LeFlore

"No. No."

McCracken

"And apparently, there is a grandfather provision covering certain employees?"

LeFlore

"I can't hear you, Representative..."

McCracken

"I say, apparently, some employees will not be covered by it as amended. The Governor added a provision where some currently employed firefighters and police officers would not be subject to this, is that right?"

LeFlore

"Exactly."

McCracken

"And then it sunsets, that is the law will go out of effect automatically in 1993?"

LeFlore

"Exactly, as stated."

McCracken

"Okay. Okay, thank you."

LeFlore

"Thank you."

Speaker McPike

"Any further discussion? Being none, the question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 21647' All in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this motion, there are lll 'ayes', no 'nays', none voting 'present'. And this motion, having received the required Constitutional Hajority, the motion is adopted. And the House accepts the Governor's specific recommendations for change. House Bill 2403, 19 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 Representative Daley. Mr. Clerk."

Leone

"House Bill 2403, I move to accept the specific recommendations of the Governor to House Bill 2403 in the manner and form as follows."

Speaker McPike

"Representative Daley."

Daley

"Thank you, Mr. Speaker and Members of the House. I move to accept the Governor's specific recommendations for change. In the Governor's Amendatory Veto, he removed elementary, secondary, public and private schools from the provisions of the Bill."

Speaker McPike

"Is there any discussion? There being none, the question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 2403?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this motion, there are 114 'ayes', no 'nays', none voting 'present'. This motion, having received the required Constitutional Majority, the motion is adopted. And the House accepts the Governor's specific recommendations for change. House Bill 2406, Representative DeJaegher. Representative DeJaegher, the Chair understands that you're going to make a Motion to accept. Is that correct? Mr. Clerk, the Motion will be to accept."

Leone

"House Bill 2406, I move to accept the specific recommendations of the Governor as to House Bill 2406 in the manner and form as follows."

Speaker McPike

"Representative DeJaegher."

DeJaegher

"Thank you, Mr. Speaker. Yes, I concur with the recommendations of the Governor's language on... pertaining to House Bill 2406."

Speaker McPike

"Representative McCracken."

McCracken

"I know the board reads accept and I know that that's 20 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 the proper Motion. But, just so everybody is clear. The written Calendar.... okay."

Speaker McPike

"The Chair announced that that was the motion. The Clerk read the motion as acceptance. No further discussion? The question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 2406?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this motion, there are 113 'ayes', 1 'no', none voting 'present'. This motion, having received the required three-fifths Constitutional Majority, the motion is adopted. And the House accepts the Governor's specific recommendations for change. House Bill 2808, Representative Ryder. Mr. Clerk."

Leone

"House Bill 2808, I move to accept the specific recommendations of the Governor as to House Bill 2808 in the manner and form as follows."

Speaker McPike

"Representative Ryder."

Ryder

"Thank you, Mr. Speaker. At the request of the Guardianship and Advocacy Commission, a portion of this was deleted in agreement with them. I will accept the deletion and ask to accept the amendatory veto."

Speaker McPike

"Further discussion? Or any discussion? There being none, the question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 2808?' All those in favor vote 'aye', opposed vote 'no'. DeJaegher, 'aye'. Have all voted? Have all voted who wish? The Clerk will take the record. On this motion, there are 112 'ayes', 1 'no', none voting 'present'. This motion, having received the required Constitutional Majority, the motion is adopted. And the House accepts the Governor's specific recommendations for change. We will return to page 35 of the Calendar under Amendatory Veto 21 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 Motions and Representative Didrickson, we earlier passed this over. It's our understanding that you want to move to accept on House Bill 1355. Is that correct?"

Didrickson

"That's correct."

Speaker McPike

"Mr. Clerk. House Bill 1355, page 36."

Leone

"House Bill 1355, I move to accept House Bill 1355, and the Governor's specific recommendations."

Speaker McPike

"Representative Didrickson."

Didrickson

"Yes, thank you, Mr. Speaker, Members of the House. After reading the Governor's message, I indeed do believe he had a very good amendatory veto message there and instead of overriding that, I move to accept it."

Speaker McPike

"Is there any discussion? There being none, the question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 1355?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this motion, there are 101 'ayes', 8 'nos', none voting 'present'. This motion, having received the required three-fifths Constitutional Majority, the motion is adopted. And the House accepts the Governor's specific recommendations for change. The Chair intends to stay on this order of business, begin on page 35 under Amendatory Veto Motions and to take those Motions where the Motion is to override. Representative McCracken."

McCracken

"On behalf of this side of the aisle, we ask for an immediate conference of one hour, Room 118."

Speaker McPike

"The Republicans have asked for a Republican Caucus in Room 118. The House will now stand in recess until the hour of 2:30. Republican Caucus in Room 118. Come to order. Page 35 of the Calendar, Amendatory Veto Motions. House Bill 16, Representative Cullerton. Out of the Record. House Bill 236, Representative Daniels. Mr. 22 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 Clerk."

O'Brien

"House Bill 236, I move that House Bill 236 do pass. the Governor's specific recommendations for change, notwithstanding."

Speaker McPike

"Representative Daniels."

Daniels

"Mr. Speaker, Ladies and Gentlemen of the House, I am moving to override the Governor's Veto on House Bill 236. There are two Bills dealing with Charitable Games License and the veterans' groups, as defined in House Bill 236. This Bill amends the Veterans' Group Act as defined in the Bingo License and Tax Act and passed the House by 86 votes. It includes the labor and fraternal groups amongst those that may apply for Casino Night Licensings. What happened is, the Governor through his action inadvertently, did not include references to Section 501C-4 groups. And it effectively prevents the Jaycees, Lions and Veterans of Foreign Wars from obtaining Casino Night Licenses. Some people have indicated that if we act in a certain manner we may be able to change this but I'm concerned about it. And I intend to support Representative Wojcik's Motion to override on her Charitable Games License Bill which is another expansion of this and hope that you would join me in this override effort."

Speaker McPike

"Is there any discussion? Representative Saltsman."

Saltsman

"Yes, will the Sponsor yield?"

Speaker McPike

"Indicates he will."

Saltsman

"Yes, Representative Daniels, what was the reason that the American Legion wasn't exempt and the VFW was? Do you know that from a legal stand point?"

Daniels

"What was the reason they were not...what?"

Saltsman

"I was called from a VFW post in my district and said that they were exempt, that American Legions were exempt 23 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 but they weren't. What was the difference in them as being service organizations?"

Daniels

"That's the very reason why I want to override his veto on this Bill, because they are not a 501C-4 group. And the Governor's veto effectively took them out and did the reverse. I think, of what he wanted to do. So, by voting to override, as I'm suggesting, you will be assisting your VFW post and helping the person that called you."

Saltsman

"Thank you."

Speaker McPike

"Further discussion? There being none, the question is, 'Shall House Bill 236 pass, the specific recommendations for change of the Governor notwithstanding?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this motion, there are 109 'ayes', 1 'no', 3 voting 'present'. This motion, having received the required three-fifths Majority, the motion to override prevails. And House Bill 236 is declared passed, the specific recommendations for change of the Governor notwithstanding. House Bill 474, Slater. Representative Slater here? Yes, Mr. Clerk. No, out of the record. Representative McGann here? House Bill 1223, Representative Giglio. Representative Frank Giglio? Mr. Clerk."

O'Brien

"House Bill 1223, I move that House Bill 1223 pass the Governor's specific recommendations for change, notwithstanding."

Speaker McPike

"Representative Giglio."

Giglio

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move for a total override on House Bill 1223. This was the plumbing Bill that we debated earlier this year. And what we want to do is to have these people that are not legitimate plumbers off the streets and out of the 24 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 communities. This Bill is exactly the same Bill that's been in effect in the State of California for a number of years. And in the Governor's veto message, I think he... he's doing something here that he thinks that might be unconstitutional and I don't think that's... that's what he's supposed to do. We're supposed to be here to legislate, and we'll let the courts determine whether it's constitutional or not. So, therefore I ask for your favorable support to override House Bill 1223."

Speaker McPike

"The Gentleman moves to override the Governor's Veto of House Bill 1223 and on that, Representative McCracken."

McCracken

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. 1223 is a very important Bill. A Bill which Representative Giglio has worked long and hard on. I remember it in a previous session of this General Assembly. However, I don't think the amendatory veto does any violence to the important provisions of that Act. As you may recall, one of those provisions which was controversial, was one which would allow the Commerce Commission to cut off phone service for any party violating an injunctive order under the Act. That, in my opinion, does not belong in this Bill. That is not something that we want to require as a matter of law, be done in every case where there is a violation. Any court in which an injunction has been issued has plenary power to enforce that injunction. I think we do violence to the Act itself, by making it less than what it could be. The amendatory veto also, and this is very important for all of us, the amendatory veto also would allow appliance stores to continue advertising those types of items. Under the Bill, prior to the Amendment, only a partner or officer could advertise on behalf of the company if he were licensed as a 25 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 plumber. Now, any agent of the company can be licensed as a plumber and comply with the requirements of the Act. Without that provision many of your retailers in locations throughout the state would be without an ability to advertise these appliances. So, I think it's a good Bill. It's a very good Bill. The amendatory veto makes it better. And I respectfully suggest that we not support the Gentleman's Motion, that we resist the override."

Speaker McPike

"Representative Giglio, to close."

Giglio

"Thank you. Mr. Speaker, Ladies and Gentlemen of the House. The only thing I want to say is that, what the Gentleman said... one part of the Bill, we could live with the agent part. However, the disconnecting the telephone, I think is the only way you could get back at some of these people who have especially went after the elderly and that are not legitimate contractors. It's working very very well in the State of California and nobody has challenged the constitutionality of it there, so I cannot see why we cannot have it in the State of Illinois and I would ask for your favorable support to override the Bill."

Speaker McPike

"The question is, 'Shall House Bill 1223 pass the specific recommendations for change, the Governor notwithstanding?' All those in favor of the motion vote 'aye', all opposed vote 'no'. This requires 71 votes. Supplemental Calendar announcement."

O'Brien

"Supplemental Calendar #3 is being distributed."

Speaker McPike

"Have all voted? Have all voted who wish? Mr. Clerk, take the record. On this motion, there are 55 'ayes', 54 'nos' and 2 voting 'present'. The motion fails. Representative Mulcahey, on House Bill 1300 to accept. Mr. Clerk."

O'Brien

"House Bill 1300, I move to accept the Governor's specific recommendations for change." 26 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day

Speaker McPike

Mulcahey

"Thank "Representative Mulcahey." you, October 20, 1987 Mr. Speaker. I would move to accept the Governor's amendatory change to Senate Bill 1300 (sic House Bill 1300).

Speaker McPike

"Is there any discussion? Representative McCracken."

McCracken

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

Speaker McPike

"He indicates he will."

McCracken

"Thank you. Representative, this fee which would be $150, is that restriction in effect for all the counties of Illinois?" Mulcahey:

McCracken

"Yes, it is." "So, that Cook County would have its fee restricted? It's currently 600 and they would be able to charge no more than $150 now?"

Mulcahey

"Yes, to the best of my ability it is. Yeah, yes. Sir."

McCracken

"Okay. Thank you."

Speaker McPike

Speaker McPike: Brunsvold." "Representative DeLeo.

Representative Brunsvold

Representative Brunsvold: "Will the Gentleman yield?"

Speaker McPike

"He will."

Brunsvold

"Representative Mulcahey, does... this Bill doesn't have anything to do with TIF districts, does it?"

Mulcahey

"I beg your pardon?"

Brunsvold

"This doesn't have anything to do with TIF districts, does it?"

Mulcahey

"TIF..."

Brunsvold

"Tax Increment Financing."

Mulcahey

"No, no, no, no, no."

Brunsvold

"Okay, thank you."

Speaker Mc Pike

"Further discussion? There being none, the question is, *Shall the House accept the specific 27 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 recommendations for change with respect to House Bill 1300?* All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this motion, there are 112 'ayes', no 'nays', none voting 'present'. This motion, having received the required three-fifths Constitutional Majority, the motion is adopted. And the House accepts the Governor's specific recommendations for change. House Bill 2193, Representative Braun. Out of the record. House Bill 2728, Representative McCracken. Mr. Clerk."

O'Brien

"House Bill 2728, I move that House Bill 2728 do pass the Governor's specific recommendations for change notwithstanding."

Speaker McPike

"Representative McCracken."

McCracken

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to override the Governor's Amendatory Veto. House Bill 2728 originally allowed a parent to have 5 days notice in order to review the content of sexual abuse recognition classes in grade school. The Bill also allowed the parents to not be required to have their child in school for that class or that particular instruction. The purpose behind this was a recognition that this subject matter can be very sensitive and it is not unreasonable for parents to have reservations about maybe a particular course or a particular program within the course. The Governor agreed with the concept but felt that the parent should not have the right to keep the child out of that class, claiming that in fact the parents may be the problem. That is superficially appealing, but, let me suggest that what it does is create a second-class citizen, and that is parents. Why should parents be suspected as a class and not have the right to have some authority over the content or subject matter of this course? In fact, the 28 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 problem has been recognized by many people and for that reason this was passed in the Senate unanimously. There was some dissenting vote over here and although the Governor's Amendatory Veto does on the face appear appealing, I submit to you that there's no good reason to single out our parents of the State of Illinois as a class and for the state to get in that relationship, to get between the parent and the child. That isn't necessary. It's not warranted by the facts. And I would ask you to join me in overriding the amendatory veto."

Speaker McPike

"The Gentleman moves to override the Governor's veto. Is there any discussion? Representative Cullerton."

Cullerton

"Yes, would the Sponsor yield?"

Speaker McPike

"He will."

Cullerton

"As I understand the original Bill, that you want to return to, it provides that no pupil in grades K through 8 shall be required to take or participate any class or course providing instruction in recognizing and avoiding sexual abuse, if the parents or the guardians of the pupils submit a written objection. Is that correct?"

McCracken

"Yes."

Cullerton

"And what the Governor said was that the portion of the Bill which allows the parent to object to his or her child's participation in this type of instruction, and therefore, to have the child removed would be deleted. Is that correct?"

McCracken

"Yes."

Cullerton

"So, would you say that it is the Governor's rationale that most victims... let's put it this way, a victim... a child sexual... a child is a victim of sexual abuse that would most likely come from the parent or guardian and as a result, the parent or the guardian would not want... who intends on performing sexual abuse on their children, would 29 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 be the ones who would remove them from the class and it's the class itself, which is supposed to teach them to avoid being abused by the parent in the first place."

McCracken

"You point out what I already said was superficially appealing but I think further thought would..."

Cullerton

"So, my... SO, my question is, why is that only superficially appealing? What is... I didn't understand your superficial or what appeared to be a superficial reason for the override?"

McCracken

"Right. The point I was trying to make was that what this does is create a suspect class of person. Parents can not object to the subject matter of the class. They can not hold a child out of the subject matter of the class. Parents, unlike school teachers, can not object or determine the subject matter of the class and whether their child should participate. Essentially, as I've said, there is a superficial appeal to this because of this idea that, you know, the parents may very well be the ones who are the abusers. But, let... my point is this, by making that assumption as a matter of law as here. the parents, the ones with the closest relationship are all put into a group of second-class citizens. Your parents would have been second-class citizens, SO would mine. And they shouldn't all be secondclass citizens."

Cullerton

"Let me ask you this question. What is it... what your point is, that there are some courses in recognizing and avoiding sexual abuse that you think potentially there could be some parents out there, who are not sexual abusers but just regular parents who think that they would rather not have their children learn, in the method by which these courses are being taught. Is that the fear?"

McCracken

"No. It isn't a fear. It's a reality and it isn't that someone is saying that sex abuse is a necessary good. 30 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 I mean, that's absurd. The point is that, just with sexual education generally, it is a very controversial area. It is in fact, a very personal area where the parent deserves to have some... some input into the decision whether to participate, have some influence which the other part of the Bill could give the parent to participate in the curriculum decisions about this. I don't... I understand your point and that's the same point the Governor had. But, I think that that in effect, puts all parents... it separates all parents from their children and puts the state in the middle of them. No, maybe a counselor could say, "Jimmy shouldn't have the class because he's disturbed", but the parent could never say that. So, although, again there is this gloss of appeal, I think on further analysis it just doesn't withstand."

Cullerton

"Okay. Well I... I just... just to the Motion. I think I disagree with you, and I agree with the Governor, at least on this particular Bill, because you're not talking about sex education here. What you're talking about is a specific area and that is avoiding and recognizing sexual abuse. Obviously, most of the people who are going to be victims of sexual abuse, children, are going to be victims by, as a result of the guardians or the parents. So, I think in this particular limited area, it really doesn't make sense to allow those people that might be the most likely offenders, to be able to remove their children from the... and not subject them to this type of instruction, which might be the very instruction which would keep them from becoming victims. So, I would move to... for a 'no' or 'present' vote on the Gentleman's Motion."

Speaker McPike

"Representative Young."

Young

"Thank you, Mr. Speaker, Ladies and Gentlemen of the 31 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 House. I too rise in opposition to the Gentleman's Motion. And I'd just like to point out in response to some of the argument that has been made, that we as Legislators have an obligation in regards to the schools in this state. We have taken upon ourselves to mandate certain things that the children in grade school must receive. If a parent objects to a child taking certain courses in Mathematics that objection would fall on deaf ears because we have said that he has to take Math. He has to take English. There are quite a few subjects that children in grade schools in this state have to take regardless of whether their parents want to take them or not. What we in this General Assembly should do is put protection, some protection against sexual abuse on the same level with those other subjects that the children of this state must have for their own good. And therefore, I think the Gentleman's argument that we're making second-class citizens of the parents, is not valid. That this... we're just putting instruction on preventing sexual abuse in the same category we place other subjects that we feel it mandatory for grade school children in this state."

Speaker McPike

"Representative Preston."

Preston

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I agree with certain of the comments made by the previous speakers. I know that Representative McCracken is very concerned about this problem. I know he has sponsored and cosponsored a number of pieces of child protection legislation. And I know too that the Governor is concerned with the welfare and the protection of children as well. I agree with what was said by Representative Young in that there is, to my knowledge, no other area where a parent by law has the right to object and have a child excused from participation in the educational program adopted by a 32 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 school. This would be a first. This would now give that parent a right, if we adopt, if we override the Governor's Amendatory Veto, would give a parent the right to say, "You can study certain things at school because I have nothing to say about it, but, I do have something to say about whether or not you can study methods of detecting and determining whether or not you're the victim of sexual or physical abuse at home.' I don't think that's a good precedent. And secondly, I think it's unwise also because, what would you do with these children? Let's say you have a class of some 50 students and four parents decide they don't want their child to participate in this particular program, where would that child go? Would there have to be a new separate classroom set up for the children who are not going to participate in this class? And what happens if the school system adopted this as part of the science curriculum, would that child now get an incomplete in their science requirement? Or if it was taught as part of physical education curriculum, that is needed to graduate from school, would that child receive an incomplete grade because he or she didn't participate in a unit of study in physical education? And from the physical safety, where would that child be put where he or she could be properly supervised? The administrative obstacles would be tremendous all for the reason of, in this one area, now giving parents a veto right over what a school system thinks is good instruction. I think for that reason that I would not support the Gentleman's Motion, and I would support sustaining the Governor's Amendatory Veto."

Speaker McPike

"Representative Pullen. Representative Pullen."

Pullen

"Thank you Mr. Speaker, Ladies and Gentlemen of the House. It's just possible that some of the Members of this Body do not believe that the public schools of Illinois are 33 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 the parents. It's just possible that some of the Members of this Body do not believe that the public schools of Illinois are for every social purpose that comes along. I'd like to suggest what might be a consequence if this Bill does pass over the ill-conceived objections of the Governor. It might be necessary for the people who determine the curriculum and for the teachers who teach these behavioral attitudes as opposed to facts, it might be necessary for them to take into account what reasonable parents might think about the way that they teach 6 year olds to avoid sex abuse. It might cause some of those public school teachers and curriculum directors and even textbook writers and audio-visual producers and what not, it might cause some of them to think twice about putting into school an instruction which caused great problems for one of the Lady Members of the Body across the rotunda, who rose last Spring when this Bill was pending in the Senate and reported an incident that had occurred to her when she gave her little granddaughter a love pat on the behind and her granddaughter said, "Grandma, don't do that." And she said, "Well, why not? What do you mean?' And she said, •Teacher said that touching me there was wrong.. That's...that's wrong. That's abuse of that child and of that family and of that grandmother; a distinguished member of our Senate. It might cause some of the people who design the curriculum and the people who teach the courses not to put forth something that is being done in some schools where they hand out a coloring book type page with a sketch of a little boy and a little girl and they have the child color in the bathing suit on that child and then they say If somebody touches you anywhere inside where the color is on this page, it's wrong. It might cause some of the people involved in the curriculum to respect parents 34 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 and to actually think about the consequences of their teachings in a perfectly normal, loving family. I think that children belong to parents as a trust from God. I don't think that they belong to the public schools. And I think that the Gentleman's motion is entirely appropriate. I can see absolutely no good in giving parents the right under law to go examine the materials that will be used in this kind of instruction and then tell them *But, ha ha, you can't do anything about it if you don't like it." Either the Governor should have vetoed this Bill outright or he should have signed it, and I believe for the sake of the families of Illinois he should have signed it and we should vote 'yes' on this motion today. Thank you."

Speaker McPike

"There being no further discussion, Representative McCracken to close."

McCracken

"Thank you, Mr. Speaker. I think this Bill as amended amounts to guilt by association. Something that none of us here would ever tolerate. Would you ever tolerate a Bill which purported to create a distinction between persons because of their being parent or child? Being black or white? Being European or Asian? No, you wouldn't do so. What is the purported basis for making all parents of Illinois second-class citizens? What is the purported basis for the state putting itself between the parent and the child? We're not talking about mathematics. We're not talking about shop classes. We're talking about a very potentially explosive issue on a young, impressionable mind. When the child comes home and his grandmother pats his behind and he thinks there's something wrong with that, don't you think it's time that the parents should have a part in a course of instruction with such potentially wide ranging effect? It impacts upon such an intimate relationship of parent child within the privacy of the 35 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 75th Legislative Day family that we should act very cautiously in carving out areas of second-class citizenship. Nobody here has been more in favor of strong law enforcement in order to wipe out child abuse than I have. And many of you have been with me on that and I've followed many of your leads in the past. This is entirely consistent with that position. We're not talking about hiding someone from the law. We're not talking about muting law enforcement's ability to uncover this sort of offense. We're talking about a course of instruction which is very personal in nature. Has a very dramatic impact on a child of such tender years and over which we should not substitute our judgment for that of our parents. All of you would stand up in outrage if you had seen a Bill which purported to create second-class citizenship on some other basis. You would stand up and call the Sponsor of the Bill a racist, a neanderthal, a reactionary. I submit to you that the reason for creating a second-class citizen can be no better, no matter what it's purported justification. If you do it you're wrong. It's as simple as that. And that is the effect of the Governor's Amendatory Veto. To create a second-class citizen of all the parents with school children in Illinois. And we don't want to stand for that. It's as simple as that. That's what I meant when I talked about the superficial appeal that the Governor's Amendatory Veto holds. But if you look at it more closely, if you examine the effect it has on the family and the assumptions it makes, then I think you will agree with me that we should override this Amendment."

Speaker McPike

"The question is 'Shall House Bill 2728 pass, the specific recommendations for change of the Governor notwithstanding? All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The 36 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day Clerk will take the record. want to explain your vote?" October 20, 1987 Representative Wojcik, did you

Wojcik

"No. Mr. Speaker. As soon as we've taken...."

Speaker McPike

"Well, if you'll just hold it, just a minute."

Wojcik

"Okay, Thank you."

Speaker McPike

"On this Motion there are 80 'ayes', 33 'nos', none voting 'present'. This Motion, having received the required three-fifths Majority, the motion to override prevails and House Bill 2728 is declared passed, the specific recommendations for change of the Governor notwithstanding. Representative Wojcik."

Wojcik

"Yes, Mr. Speaker, thank you very much for giving me the special attention. I'd like to inform the Members of this august Body that to my right, my seatmate has the pleasure of having a birthday. He also has the pleasure of providing a delightful, delicious looking cake and you're all requested to please come and take part in his festivities today."

Speaker McPike

"Supplemental Calendar 1, under Amendatory Veto Motions. First Bill is House Bill 428, Representative Phelps. Out of the record. House Bill 548, Representative Preston. Mr. Clerk."

Leone

"House Bill 548. I move that House Bill 548 do pass, the Governor's specific recommendations for change notwithstanding."

Speaker McPike

"Representative Preston."

Preston

"Thank you. Mr. Speaker and Ladies and Gentlemen of the House. House Bill 548, prior to the Governor's veto would require the Department of Mental Health and Developmental Disabilities to allocate one of its six grants that it has already, by existing law been authorized and directed to make...one of those grants would go to evaluating the efficiency and efficacy of the various programs for teen 37 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 suicide prevention to see if those programs...if those programs are effective as designed. We have throughout Illinois a plethora of these programs, but there has been no study done to see which programs seem to be effective, which programs are not effective. This House Bill 548 would have required one of the six grants that are given out by that Department to be a grant for a study of teen suicide prevention programs to see if they're working. The Governor's Amendatory Veto, while he lauded the program, he made it very discretionary, saying that the Department may give one of their six grants if they want. Of course, it's unnecessary because if it's discretionary the Department right now may grant one of the grants that it has the authority to give to study teen pregnancy, so the Amendatory Veto really cuts out the guts of the Bill. I think it is extremely important that there be a study done to see if teen suicide prevention programs work. To see which ones are effective. Which ones, perhaps are not effective. It makes no sense to have these programs built up throughout the State if we have no feedback information about which are good and which are not. So, for those reasons, I'm asking you to vote to override the Governor's Amendatory Veto of this Bill."

Speaker McPike

"Is there any discussion? The Gentleman from Morgan, Representative Ryder."

Ryder

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House if I could have your attention, please. I think this is where we're going to start. You should understand that, specifically...Mr. Speaker?... Thank you. Ladies and Gentlemen. I think you should understand that this is probably where we're going to start. The reason that the Governor vetoed this, was a fiscal note of approximately 100 to 200,000 first year and thereafter 250,000 to 500,000 38 STATE OF ILLINOIS 85th GENERAL AS SEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day a year. Now, October 20, 1987 the Governor rightly lauded the intent and purpose of this Bill. There is no more serious or perplexing problem than teenage suicide. We have grants now to attempt to address this problem. But the additional cost is just the first of what may be a number of those items that we're looking at. We have to start some place. I'd very much like to be able to join with my friend on the other side of the aisle and say that, yeah, this is the right thing to do. But I'm not sure where we can stop and we have to give the signal at some point. The dollars and cents are involved and we're spending money that we don't have. As a consequence, I reluctantly, but strongly, ask that we resist this motion to override the Amendatory Veto of the Governor. Speaker McPike: close."

Preston

"Thank Thank you." "Further discussion? Mr. Speaker. Representative Preston to While I greatly respect my colleague on the other side of the aisle, that is not...this is not going to cost those additional funds, nor is there...and I don't...whatever you're reading from, let me tell you, it is incorrect. This Bill does not require the Department to allocate any fixed amount of money for this grant. There is no new funding requirement in this Bill. Certainly not in the amount that was stated, nor in any other amount. It just says of the six grants that are required under existing law to be let, one of those grants, in whatever amount the Department wants, but one of those grants will go for the studying of teen suicide prevention. There are no new dollars here. This has no cost involved in it and yet, not having this Bill....if the Department sees fit not to have teen suicide prevention programs evaluated, that in itself will cost money because we're going to have programs that're operating without knowing if 39 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 they're any good or effective. So, I disagree with the previous speaker. There is no cost, and I mean no new cost involved. And that this Bill....I think if we override the Governor's veto we will find out that we can save money but by not wasting government money on programs that may be ineffective. So I ask and urge and encourage in this very important area to override the Governor's veto."

Speaker McPike

"The question is 'Shall House Eill 548 pass. the specific recommendations notwithstanding?' for change of the Governor All those in favor signify by voting "aye, opposed vote 'no". Have all voted? Have all voted who wish? The Clerk will take the record. This motion requires 71 votes. The motion receives 57 voting 'aye', 48 voting "no" and 4 voting 'present'. The motion fails. House Bill 736. Representative Levin. House Bill 1546, Out of the Representative Braun. record. Representative Breslin in the Chair."

Speaker Breslin

"Ladies and Gentlemen we are going to go to page 8 on your Calendar starting with Total Veto Motions. The first motion is Representative Stern's motion on House Bill 27. Out of the record. House Bill 67, Representative Young. Clerk, read the Bill. Read the motion, I should say."

Leone

"House Bill 67. I move that House Bill 67 do pass the veto of the Governor notwithstanding."

Speaker Breslin

"Representative Young."

Young

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. House Bill 67 passed this Chamber with 104 votes. It's a Bill that deals with Grand Jury procedure. I frankly think the Governor's staff may not have been reading all of the Amendments to the Bill because in his veto message he mentions the cost of mandating Court Reporters. But there was an Amendment to the Bill that was introduced by 40 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 Representative Petka that made....that took out the provision mandating Court Reporters. So there's nothing in this Bill that mandates Court Reporters at these proceedings and that was the basis is of the Governor's override (sic-veto), so I would hope that this Body would look at the Bill and give it the same 104 votes we did back in June."

Speaker Breslin

"The Gentleman has moved to override the Governor's veto on House Bill 67 and on that question is there any discussion? Hearing none, the question is 'Shall House Bill 67 pass, the veto of the Governor notwithstanding?" All those in favor vote 'aye", all those opposed vote "no". Voting is open. The Gentleman from DuPage, Mr. McCracken, one minute to explain your vote."

McCracken

"Thank you, Madam Speaker. I note with interest the Governor's contention that there is no abuse having been shown which would justify the new procedures and I find that compelling. I didn't hear anything to the effect that....in fact there's a problem which needs to be remedied. For that reason I think a 'no' vote is a proper vote."

Speaker Breslin

"Have all voted who wish? Have all voted who wish? Have all voted who wish? This motion requires 71 votes. Have all voted who wish? The Clerk will take the record. On this question, there are 56 voting 'aye', 49 voting 'no' and 3 voting present and the House does not override the Governor's veto of House Bill 67. House Bill 72, Representative Homer. Clerk, read the motion."

Leone

"I move that the House Bill 72 do pass, the veto of the Governor notwithstanding."

Speaker Breslin

"Representative Homer."

Homer

"Thank you. Madam Speaker, Ladies and Gentlemen. House Bill 72 established some statewide ground water quantity 41 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 standards. Not to be confused with the ground water quality Bills that we also considered. In working out the final provisions of House Bill 72, we met with a number of groups who, in the end, all were supportive of the final product. That included the Illinois Farm Bureau, the Association of... Illinois Soil and Water Conservation Districts, the state water survey, the geological survey, the Illinois Division of Water Resources, the Illinois Department of Agriculture, The Citizens For Better Environment, the Illinois Environmental Council. In other words, every conceivable interest group supported House Bill 72. It passed out of here with 116 votes. It passed the Senate with 59 votes. Very simply, what the Bill did was adopt the common law doctrine of reasonable use that is currently applied to surface water withdrawals. It also empowered local soil and water conservation districts about the State to establish local conflict resolutions to deal with situations where large users intend to withdraw water. It also empowered the State's Attorneys and the Attorneys General to enforce the provisions of the Act. In vetoing the Bill the Governor indicated that the reason for his veto was that he was signing Senate Bill 468 which was another water quantity measure that was passed by the General Assembly. However, that measure applies only to counties through which the Iroquois River flows which turns out as I understand it, to be Kankakee and Iroquois Counties. It only applied to 2 counties. And it's a well established legal doctrine that where you have a specific rule of law or specific legislation affecting a situation that it takes precedence over a general provision that we're trying to create in Senate...in House Bill 72. I would submit to you that water quantity is an issue that we're going to hear more and more about in the future. The 42 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 approach of House Bill 72 is a very thoughtful one that went through the Legislative process with input from all of the interest groups and was perceived and continues to be perceived as something that can provide a local solution to these problems by delegation of the authority to come up with conflict resolutions to local water and soil conservation districts. I think it is a very reasonable approach. There's no cost associated with it and I would urge my colleagues to join with me in overriding the Governor's veto."

Speaker Breslin

"The Gentleman has moved to override the Governor's veto on House Bill 72 and on that question is there any discussion? Hearing none, the question is 'Shall House Bill 72 pass, the veto of the Governor notwithstanding?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. 72 votes...71 votes are required for passage. Mr. Clerk, would you record me as voting 'aye', please? Thank you. And would you record that I can vote up here, Ar. Clerk? Thank you. Have all voted who wish? The Clerk will take the record. On this question there are 88 voting 'aye', 23 voting 'no' and none voting 'present'. This motion, having received the required three-fifths Majority, the motion to override prevails. The next Bill is House Bill 73. Out of the record. On page 9 on your Calendar at the top of the call under Total Veto Motions appears House Bill 93. Representative Curran. Out of the record. House Bill 192, Representative Anthony Young. Representative Anthony Young. Out of the record. House Bill 213, Representative Cullerton. 213. Out of the record. House Bill 232, Representative Steczo. Is the Gentleman in the chamber? Representative Steczo. Out of the record. House Bill 262, Representative O'Connell. This is a Total Veto Motion. 43 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 Read the motion, Mr. Clerk."

Leone

"I move that House Bill 262 do pass, the veto of the Governor notwithstanding."

Speaker Breslin

"Representative O'Connell."

O'Connell

"Thank you, Madam Speaker. The Governor's message in vetoing House Bill 262 indicated that there were...there was a Senate Bill 38 which basically provided the same result in that it allowed a court to order a reduction in a criminal sentence if a motion is filed within 30 days after sentencing. What precipitated this was a recent case that addressed the fact that there really wasn't anything in our Statutes that allowed for a reduction in the criminal sentence if a motion is filed within 30 days. What....the distinction that I have, however, in House Bill 262, which Senate Bill 38 did not have, was that I contained....my Bill contained a provision for due diligence SO that the petitioner, or the movant, in the motion to reduce the sentence must exercise due diligence, and with all due respect to the Governor, I believe that we should have that due diligence requirement in the law. So, I respectfully ask that there be a override of the veto on House Bill 262."

Speaker Breslin

"The Gentleman has moved for the override on House Bill 262, and on that question, is there any discussion? Hearing none, the question is, "Shall House Bill 262 pass, the veto of the Governor notwithstanding?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. 71 votes are required for 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', 24 voting 'no' and none voting 'present'. This motion, having received the required three-fifths Majority, the motion to override prevails. The next Bill is House 44 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 Bill 263, Representative O'Connell. Clerk, read the motion."

Leone

"I move that House Bill 263 do pass, the veto of the Governor notwithstanding."

Speaker Breslin

"Representative O'Connell."

O'Connell

"Thank you, Madam Speaker. House Bill 263, as it passed the General Assembly, it amended the Aboriginal Records and Antiquities Act and it placed the control of archeological exploration of state lands within the Historic Preservation Agency. This Bill was the result of a number of months of negotiations between the Historic Preservation Agency, the Illinois State Museum, various agencies throughout the state as well as private owners of land in a way to develop a system whereby archeological finds and artifacts that are found on state lands can be preserved for posterity. The Bill that we had was a workable one. It was an agreeable one to all parties concerned and the Governor's only objection to the Bill was that it created two full time, permanent positions which would implement this legislation at a cost estimated at 59,500 dollars. Now, I realize that we are in a tight fiscal bind. However, this is really preserving artifacts and historical finds that will benefit us for generations to come and to ask for 59,000 dollars to implement this excellent piece of legislation, I don't think it should be considered a waste of taxpayer's money, but rather an investment in our future and I would again respectfully ask for an override of the Governor's veto on House Bill 263."

Speaker Breslin

"The Gentleman has moved to override the Governor's veto on House Bill 263 and on that question the Gentleman from McHenry, Representative Klemm."

Klemm

"Will the Sponsor yield for a question?"

Speaker Breslin

"He indicates he will." 45 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEЗАТЕ 75th Legislative Day

Klemm

"It October 20, 1987 seemed to me when we discussed this before, Representative O'Connell, was that the Department was already doing this presently, is that correct?"

D'Connell

"No, that's not correct. There was no set agency that in which to had a set standard or criteria of guidelines implement a solid, statewide program of preserving archeological finds."

Klemm

"But the agency did state that they would need no additional personnel to do this. Is that correct?"

O'Connell

"I don't recall the agency saying.... You may have been on the committee, Representative. I don't recall the agency saying it."

Klemm

"Alright, because it was an obviously because I had understood it and our analysis says that the Department doesn't need any more people and there would be important issue, no expense to do it, but if you don't recall that, then that's fine, but....."

O'Connell

"I don't recall that, Representative. I could be wrong. I don't know."

Klemm

"Yeah...okay. Alright, thank you."

Speaker Breslin

"The Gentleman Peterson." Peterson: from Lake, Representative "Thank you, Madam Speaker. To the Bill. I just would like to reiterate what Representative said about the cost, the 59,500. And those of you who feel that you would like to vote for addiional expenditures, I think that you should save your vote for Education, Mental Health or Corrections but I don't think this is a Bill that should be voted upon at this time and we should uphold the veto. Thank you."

Representative Speaker Breslin

Representative Speaker Breslin: "The Gentleman from Bureau, Mautino."

Mautino

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

Speaker Breslin

"He will." 46 STATE OF ILLINOIS 85th GENERAL AS SEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 Mautino "Im sorry, John, I didn't hear the first part of your comments. As I read 263, you are providing within the...correct me if I'm wrong...you're providing within this agency the authority on any public....any land not solely owned by the public, state owned, to establish provisions through the Historical Preservation Agency. Hould that be very similar to the Keating property on the Illinois River where ancient artifacts were found and it's private property and development would be hindered because of the preservation provisions of that Keating property in Ottawa?"

O'Connell

"There is no jurisdiction that this Bill would provide over private land. The legislative debate is very clear on that. In fact, we went through great pains public lands SO that it would not in any way give any inkling that it would spill over into private land." to define

Mautino

"Well, the concern I have, John, is on page 3. is stated that it unlawful for any himself or through an agent to archaeological or.......whatever.... It is person, either by knowingly disturb any resource protected under this Act. That tells me that no one can do anything on an area whereby any of those artifacts are found."

O'Connell

"But, if you look at page 2, subparagraph E, it defines public land to mean any land owned, but does not include land leased as lessee by the State of Illinois or its agencies, a State University municipality or a unit of created by statute, a local government. So, by the definition of public land, we're precluding any jurisdiction over private lands."

Mautino

"I hope you're right. Thank you."

Speaker Breslin

Speaker Breslin: "There being no further discussion, Representative O'Connell to close."

O'Connell

"Well, Madam Speaker I can appreciate my colleague on 47 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 the other side of the aisle regarding education as an important element, but we're also talking about our state's posterity when we make an effort, a modest effort, if you will, to preserve these various findings that are found throughout the state. I have a particular concern in my area because of the Illinois-Michigan Heritage Canal. But we all have areas in our district that have some historical significance to it. So we're not asking for any thing but 59,000 dollars a year, which the Agency... Historical Preservation Agency felt was necessary in order to fully staff the program. So I again would ask that we override the Governor's veto on 263."

Speaker Breslin

"The question is "Shall House Bill 263 pass, the veto of the Governor notwithstanding?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. 71 votes are required. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 54 voting 'aye', 49 voting 'no' and 4 voting 'present' and the motion fails. With permission of the Body. I'd like to go back to Representative Steczo's Bill. That is House Bill 232. Read the motion, Mr. Clerk."

Leone

"I move that House Bill 232 do pass, the veto of the Governor notwithstanding."

Speaker Breslin

"Representative Steczo."

Steczo

"Thank you, Madam Speaker, Members of the House. House Bill 232 is a Bill that deals with the question of prompt pay and the state paying its vendors on time. We in the General Assembly last year attempted to pass a Bill which is more in line with the original intent of prompt pay. The present Prompt Pay Act calls for the State to pay its Bills within 30 days. There are those who insist that the intent of the state's Statutes is 30 calendar days and that 48 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 was provided for in House Bill 232 as well as a section that deals with perishable goods, because they should be treated differently as nonperishables and that fact was also reflected in House Bill 232. There were some state agencies who, last year, had some questions about the original language. Basically, the Department of Central Management Services, the Department of Corrections and one or two others. Those concerns that they had were all addressed either by the Senate or by House Amendments. So, when House Bill 232 passed this General Assembly, House Bill 232 was practically an agreed Bill. On Black Friday, September 11th, 1987, the Governor vetoed House Bill 232, saying that the cost that they...that his office perceived of 7,000 dollars was too much. And the question that I'd be .... the response that I would have, is that number one: The state should, in fact, pay its bills on time. We did provide for a notice to vendors that they, in fact, after the period of time was expired, should be able to receive a penalty and interest on the late bills. But the fact would be that if more people are aware that, in fact, they can get interest for the state paying its bills late, the State is more apt to do more business, get more bids and in fact, lower its prices, thereby not costing the state 7,000 dollars, but in fact, saving the state money. And on those two....in those two areas, Madam Speaker, the state's saving itself money and the state's having to pay it's bills on time and notify vendors, I think that this veto should be overridden and that the veto was erroneous and I would move that."

Speaker Breslin

"The Gentleman has moved to override the Governor's veto on House Bill 232 and on that question the Gentleman from McHenry, Representative Klemm."

Klemm

"Thank you, Madam Speaker. I stand in support of the 49 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 override of the Governor's veto. Representative Steczo, I think, described it adequately and clearly. Actually, this probably will end up saving the state some money for a change because vendors, who for a long time, have refused to do business with the State of Illinois because we have an antiquated, outdated Prompt Payment Act that's not even enforced by our own state agencies, keeps the small business people from even wanting to do business with their own government. I think if we paid promptly and we pay accurately and we pay the interest that the law says, maybe we'll get some lower prices and we'll pass those savings on toward the other needs of Illinois. This Bill is important, it should be overridden, and I urge your support."

Speaker Breslin

"There being no further discussion, the question is 'Shall House Bill 232 pass, the veto of the Governor notwithstanding?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. 71 votes are required for passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 101 voting 'aye', 10 voting 'no', and none voting 'present'. This motion, having received the required three-fifths Majority, prevails. House Bill 321. Representative Satterthwaite. Clerk, read the motion."

Leone

"I move that House Bill 321 do pass, the veto of the Governor not withstanding."

Speaker Breslin

"Representative Satterthwaite."

Satterthwaite

"Madam Speaker and Members of the House. I wish that I could speak as cleverly as many of the journalists throughout the state have been on the issue of House Bill 321. Those of you who passed by my desk early this Spring probably saw that I had a model presented to me by the Field Museum Curators who had provided this little model of 50 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 something called the Tully Monster. The Tully Monster is a fossil that is found only in the State of Illinois. People from my district and rock hunters from throughout the state have been promoting the Tully Monster as the state fossil. In deference to the fact that we have permitted school children to have an input on various symbols that are selected to show the importance of our state, we decided in the Legislative process to send the issue of designating the Tully Monster as the state fossil to the school children for their vote. Because the schools' children had very recently voted on the selection of a state fish, where they were given a multiple choice question, we decided that it would be appropriate for the children to have another Civics lesson and to learn a little bit more about another way in which the citizens of the State of Illinois and throughout the country vote on issues. And so we suggested that this issue be presented to the children in a yes-no referendum. Besides the educational factor of the method of selection, we felt that it was also a guarantee that they would not inadvertently select an inappropriate fossil for the State of Illinois. The Governor indicates that he feels that it is un-American for us to give the children only a yes-no answer. I would suggest to you that that is an inaccurate assessment and that in fact many of our issues that are placed on the ballot are yes-no questions. I will hope that you will join me in overriding the Governor's veto so that we can send this to the children and so that we can have the Tully Monster, we hope, designated as the state fossil. Why should we do this? Well, we should do it for one reason, because the Tully Monster is unique to the State of Illinois. And in fact, it is something that draws people into the state and will be good for tourism. I believe that it is something that 51 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 we can offer to the people not only of the United States, but of the world at large. We have had signatures on petitions from people from many states and from other countries because they have come to try to find a Tully Monster here within the State of Illinois. I'll be happy to answer questions and otherwise ask for your support of an override on the veto. It would be a fitting remembrance to Francis Tully who recently died. The person who found and realized that he had something unique in the Tully Monster."

Speaker Breslin

"The Lady has moved to override the Governor's veto on House Bill 321 and on that question, the Gentleman from Macon, Representative Dunn."

Dunn

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. I rise in support of the override motion, not of...out of a selfish interest. I'm going to vote for this Bill out of a sense of genuine relief. For quite some time I've been a little nervous that maybe I would be considered to be the state fossil. So if we can designate someone or some other thing. I'm all for it and I urge an aye vote to help me and to help others like me avoid this tag for ourselves, so let's pass this Bill."

Speaker Breslin

"The Gentleman from DuPage, Representative McCracken."

McCracken

"Will the Sponsor yield?"

Speaker Breslin

"She indicates she will."

McCracken

"If the referendum is voted in the negative, what happens then?"

Satterthwaite

"Then there is nothing designated as the state fossil."

McCracken

"How much would it cost to do nothing regarding the state fossil?"

Satterthwaite

"Well, I assume that it would cost nothing to do 52 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 nothing, but I...."

McCracken

"The election wouldn't cost anything?"

Satterthwaite

"Pardon me?"

McCracken

"I say, the referendum would have no cost?"

Satterthwaite

"Well, I understand that the State Board estimates that the cost for the referendum......or the selection of the fish was about 6,000 dollars. I believe they also got some private donations to help to cover that cost."

McCracken

"Is there another fossil maybe we could put on the ballot so that the children could have a choice?"

Satterthwaite

"That would defeat the purpose of a referendum, if we gave them several choices."

McCracken

"Okay, thank you."

Speaker Breslin

"The Gentleman from DuPage, Representative Hoffman."

Hoffman

"Thank you, Hadam Speaker. Ladies and Gentlemen of the House I think the previous speaker indicated that in the past we've not had a referendum, but what we've had is a ballot where you could vote for the white tailed deer or the chippie...chipmunk or whatever else happened to be the animal. Now, I'm not sure that the Tully Monster really ought to be the fossil. I kinda...there's some dolomites that are kind of nice, some trilobites, there's a number of wonderful fossils that we could find. Now, one of the Members alluded to the fact that there are some on the floor of this House. And he was concerned....he was concerned about getting a vote. Well, I don't think that ought to be the issue here. They get or don't get votes someplace else. I think the Governor's position in his amendatory veto was very simply that a choice should be provided, not a referendum on one fossil. And if you think about it, if the fossils on this floor deserve to have an opponent, the trilobite deserves to have one, too, and I 53 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE support the Governor's veto."

Speaker Breslin

"The Gentleman Wennlund." October 20, 1987 from Hill, Representative

Wennlund

"Thank you, Madam Speaker. Ladies and Ggentlemen of the House I rise in support of the motion. In honor of the family of Francis Tully who live in Lockport, Illinois, a residence of my district and at the request of the family, there's not a more fitting honor of Francis Tully than to have the state fossil designated as the Tully Monster. I rise in support of the motion and ask my colleagues to support it."

Speaker Breslin

"The question is 'Shall House Bill 321 pass, the veto of the Governor notwithstanding? All those in favor vote 'aye', all those opposed vote 'no". Voting is open. 71 votes are required for passage. Have all voted who wish? The Clerk will take the record. On this question there are 79 voting 'aye', 33 voting 'no' and 1 voting 'present'. This motion, having received the required three-fifths majority, is adopted. The next Bill is House Bill 327. Representative Weaver. Clerk, read the motion."

Leone

"I move that House Bill 327 do pass, the veto of the Governor notwithstanding."

Speaker Breslin

"Representative Weaver."

Weaver

"Thank you, Madam Speaker. Ladies and Gentlemen of the House, House Bill 327 provides that persons committed to county jail for an offense that carries a mandatory minimum sentence: it does not require that that sentence be lengthened, but it does limit the amount of good time down to the minimum sentence required as prescribed by law. This is a Bill that we bandied about quite a bit. It took three amendments, I believe, to get it down to where it was acceptable by both sides of the aisle, but it flew out of here with a vast majority of the votes and I think the 54 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 Governor's concerns about the Bill might be a little bit misconstrued. It doesn't prevent a convict from serving less than he's sentenced to, it simply prevents them from serving less than the minimum. This Bill was suggested by a State's Attorney who indicates that no projected problems with overcrowding and I think we have to question ourselves if we don't override this veto. Why do we have minimum sentences if we're not going to use them? I ask for your 'aye' vote on this motion."

Speaker Breslin

"The Gentleman has moved to override the Governor's veto on House Bill 327, and on that question is there any discussion? Hearing none, the question is 'Shall House Bill 327 pass, the veto of the Governor notwithstanding?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. 71 votes are required for passage. Have all voted who wish? The Clerk will take the record. On this question there are 95 voting 'aye', 14 voting 'no' and none voting 'present'. This motion, having received the required three-fifths Majority, is adopted. House Bill 394. Representative O'Connell. Clerk, read the motion."

Leone

"I move that House Bill 394 do pass, the veto of the Governor notwithstanding."

Speaker Breslin

"Representative O'Connell."

O'Connell

"Would you take it out of the record for a minute, please."

Speaker Breslin

"Out of the record. House Bill 409. Representative Johnson. Out of the re... Mr. Clerk, read the motion."

Leone

"House Bill 409. I move that House Bill 409 do pass, the veto of the Governor notwithstanding."

Speaker Breslin

"Representative Johnson."

Johnson

"Yeah, this is a part of a comprehensive organ 55 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 transplant package that was passed in the House by a vote of 82 to 17 and unanimously in the Senate by 55.......by a vote of 55 to 0 and jointly sponsored by Representative Currie, Stern and myself. The Bill amends the Code of Civil Procedure to direct the Department of Public Health to conduct a statewide public education program to apprise people of the need for organ donors and to provide for instruction on how to become an organ donor. The primary problem has been people don't know about the availability of organ transplants and their usefulness. Since we've started this program, the number of donations have increased dramatically. This is a tiny cost for a huge saving of human life and I would ask for the approval of the House in overriding the veto of the Governor in this area. This is one little part to complete the puzzle, or nearly complete the puzzle of making this one of the most advanced states in the country in the area of organ transplants."

Speaker Breslin

"The Gentleman has moved for the override of the Governor's veto on House Bill 409, and on that question, the Lady from Cook, Representative Currie."

Currie

"Thank you very much, Madam Speaker and Members of the House. I rise in support of the Gentleman's timely motion. We have made great strides in the State of Illinois in ensuring the gift of life for people who require an organ transplant in order to survive. This Bill, House Bill 409 is a low-cost Bill, it is a piece of a larger program, and I think that we would be doing a service to the people who are waiting for kidneys, for livers, for hearts, if we were to say yes to the override motion on this Bill this afternoon."

Speaker Breslin

"There being no further discussion, the question is 'Shall House Bill 409 pass, the veto of the Governor 56 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 notwithstanding?" 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 86 voting 'aye', 24 voting 'no' and 2 voting 'present'. This motion, having received the required three-fifths majority, is adopted. House Bill 409. (sic) Representative Currie. Out of the record. House Bill 410. Representative Klemm. Clerk, read the motion."

Leone

"I move that House Bill 410 do pass, the veto of the Governor notwithstanding."

Speaker Breslin

"The Gentleman from McHenry, Representative Klemm."

Klemm

"Madam Speaker, I'd like to ask leave of the House that Representative Homer will close on this particular debate if that'd be alright. On House bill 410. About 4 years ago we in the General Assembly was concerned about consolidation of the many school districts we have here in Illinois. We passed a Bill, unanimously I believe, to give supplemental state aid to those school districts who would consolidate and find themselves, after consolidation, with a debt service that they'd have because of joining the two school districts together. In the language of that particular legislation, which we all supported and was signed into law, we found out that the interpretation by the State Board of Education in distributing those funds was based on a time element of when that school district were to receive their tax monies from the county. If a county were to have a late distribution of taxes to a school district, that school district in effect, did not have that money to lower its debt, and therefore received greater state aid than a school district who maybe received from their county a day or two earlier, its tax 57 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 distribution. So when we found out that some of these school districts were being penalized because of a county's tax cycle or a county's treasurer's tax distribution, we found out that this was totally unfair and inequitable. In looking at the law and explaining it and in going in debate and discussions with the State Board of Education, they concurred with our position and said: Yes, you're right, Representative. It is wrong. we should correct it. What should we do... but to come up with new language. We have done that and it passed the House 117 to nothing, it passed the Senate 59 to nothing. There was not one single vote cast against fairness and equity. This Bill, in overriding the Governor's veto, because it would go and cost the state about 257,000 dollars, is the estimate, would restore to those school districts who, on the faith of what they thought and believed, that Illinois would reimburse them, but because of a quirk of the language, did not. And because those school districts who have, in fact, consolidated through referendum, through their own people, which many have done. But, they will not receive these state funds because their county is on a different system. This Bill would simply allow the State Board of Education to fairly and equitably distribute the funds to all school districts as we intended, equally and impartially. and I ask for your support."

Speaker Breslin

"The Gentleman has moved to override the Governor's veto on House Bill 410 and on that question, the Gentleman from Winnebago, Representative Mulcahey."

Mulcahey

"Thank you. Madam Speaker. I rise in support of the Gentleman's motion. As you know, back in 1983 we passed legislation which allowed school districts to consolidate on a voluntary basis and one of the incentives that was provided in that consolidation principle was the fact that 58 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 they would be reimbursed, the debt would be picked up. And because of a flaw in the legislation there are a number of districts around this state that had been rejected in this particular proposal. I think this is a good piece of legislation and I support the override motion."

Speaker Breslin

"The Gentleman from Warren, Representative Hultgren."

Hultgren

"Thank you, Madam Speaker. I rise in support of the Bill. If we are interested as a Body in encouraging consolidation in Illinois, not mandating, but encouraging consolidation. I think this is an essential piece of legislation. Without it, the effort for voluntary consolidation will come to a screeching halt. I urge everyone to give this favorable consideration."

Speaker Breslin

"There being no further discussion, the question is Shall House Bill...excuse me, the Gentleman from Fulton, Representative Homer."

Homer

"Thank you, Madam Speaker. At the outset, Representative Klemm yielded to me to close and I'll be brief. I would like to take advantage of that opportunity to say that I think this is a very important measure and it sends an awfully important signal to school districts all across the state that the State of Illinois and this General Assembly is going to keep faith with the commitments that we made to those school districts when we provided for the incentives for them to consolidate. This affects school districts in my district and Representative Hultgren's district. We share a newly consolidated school district, who went about telling the voters that the General Assembly had provided that if you'll agree with consolidation that we'll be able to put in some money as an incentive to reduce the deficit of the poorer of the two districts, that being Yates City. The other district was Farmington. And so the voters, 59 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 based upon that commitment, approved that consolidation. Then the State Board ruled that because the Knox County Treasurer had made an early distribution of tax money to the Yates City school district, which on paper appeared to erase the deficit, but in reality on an accrual method of accounting did no such thing, that that incentive would not be honored. And so that's of substantial consequence to this school district. And if we're going to provide for incentives and to make a commitment to school districts that want to reorganize and take advantage of our incentives, then I think we have a fundamental obligation to make sure that a technicality in the law does not stand in the way of the fulfillment of that commitment that we made to those school districts. So I join my colleagues who have spoken before me in urging you to override the Governor's veto and to vote yes on this motion."

Speaker Breslin

"The question is 'Shall House Bill 410 pass, the veto of the Governor notwithstanding?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. 71 votes are required to override. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 86 voting 'aye', 23 voting 'no' and 4 voting 'present'. This motion, having received the required three-fifths Majority, is adopted. Ladies and Gentlemen, we are going to go to...you're...on the Calendar, Supplemental #3. Supplemental #3. On the order of Amendatory Veto Motions. So we're going to Supplemental #3, Amendatory Veto Motions. The first motion is Representative Van Duyne's motion. House Bill 717. Representative Van Duyne. Do you wish to present your motion? 717. Read the motion, Mr. Clerk."

O'Brien

"I move House...I move that House Bill 717 do pass, the veto of the Governor notwithstanding." 60 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987

Speaker Breslin

"Representative Van Duyne."

Van Duyne

"Yes, Thank you, Madam Speaker. House Bill 717 was designed to give local government the control over low level nuclear sites in their own locale, whether it be in the municipality or whether it be in the county, as they do now over toxic waste dumps or just regular dumps. Now, we thought that if the logic followed through and was logical that the local control, as far as siting, should be given to local governmental....the county board over just regular dumps and toxic waste dumps. We felt that low level radiation should be in that same catagory. Now the Governor, in his veto, has taken that completely away from the local people and put it under a heading of zoning and also only addresses the compact that we are located...we are tied in with Kentucky. We think it practically guts the whole intent of the Bill. We intended them to have control over the siting of low level nuclear waste storage and operational units within their county and we believe the Governor has taken that completely out of the Bill and so we would like to have the House override it."

Speaker Breslin

"The Gentleman has moved to override the Governor's veto on House Bill 717, and on that question the Gentleman from DuPage, Representative McCracken."

McCracken

"Thank you, Madam Speaker. According to my records, you originally filed a motion to accept the Governor's recommendation, is that right?"

Van Duyne

"Representative McCracken, I had originally decided to do this, but I hadn't filed it as yet. But then the staffer told me that really, we are no longer even addressing the original intent of this Bill. And the intent of the Bill was as I spoke of it a moment ago. This has now removed us from the local control of the sitings and it only addresses the compact. We really had no idea 61 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day of going into the compact in the initial October 20, 1987 intent of this Bill."

McCracken

"Okay. So what you had originally sought, local control over placement. is not relevant because you're amending or dealing only with the compact as it relates to the various states, is that right?"

Van Duyne

"If I can address your question..."

McCracken

"Yes."

Van Duyne

"...by just saying to you that the nuclear regulatory agency gave a license to a operator in Will County, in a little town called Shannahon, about 10 miles west of Joliet and gave no notice to any local governmental agency or health department or anything of that sort. Now what... that was the instance that prompted the necessity of the Bill. And we tried to address it as present law exists now having to do with regular dumps and toxic waste."

McCracken

"Okay, thank you. That's it."

Speaker Breslin

"The question is, 'Shall House Bill 717 prevail, the veto of the Governor notwithstanding?' 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 108 voting 'aye', 2 voting 'no' and one voting 'present'. This motion, having received the required three-fifths majority, is adopted. House Bill 1433, Representative Krska. Representative Krska? Out of the record. House Bill 1781, Representative Van Duyne. Representative Van Duyne. Clerk, read the Bill."

O'Brien

"House Bill 1781. I move that House Bill 1781 do pass, the Governor's specific recommendations for change notwithstanding."

Speaker Breslin

"Representative Van Duyne."

Van Duyne

"Thank you, Madam Speaker. The three ingredients in 62 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 this Bill are these: It allows the Department of Conservation to lease...now. that's the key word here...to lease...some property in Will County to the Joliet Port Authority and the reason. being that they don't maintain the property. It's right along the waterway and the Joliet Port Authority wants to use this...or access for their waterway days when they have Joliet Waterway Days. The second part of this Bill addresses a part that we call...the Central Management Services calls surplus property. And I maintain to you that it goes far and away beyond surplus property. When we think of surplus property, we're thinking of trucks and we're thinking of uniforms and tents and stoves and all kinds of equipment that the state owns and uses and they're in bad disrepair. They sell them off to other governmental entities. Last year we sold a piece of property, or practically gave it to the city of Manteno, but it...that was the Manteno Mental Health Center. But it did require legislative approval. In this very Bill we have the third part where we are deeding over to the DuQuoin area school district for 1,000 or 2,000 dollars an acre, I can't remember what the purchase price was, 20 acres of state land and it does require legislative approval and that's the second part of the Bill. The third part of the Bill: Now, Roger Keats is the one that put the second part of this on in the Senate. We believe, as well as Senator Netsch believed, that whenever you transfer a place... We have two armories in the city of Chicago that are not used very much, but nevertheless the land is very valuable and they feel that this land should be sold with legislative approval before...rather than have Central Management Services have sole control over it. So, those are the three ingredients. I don't really believe that the Governor addressed the 63 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 first part, where the Port Authority is trying to take an eyesore off of the hands of the Department of Conservation. So, therefore, I would like your approval and I'd appreciate your vote."

Speaker Breslin

"The Gentleman has moved to override the Governor's veto on House Bill 1781. Is there any discussion? The Gentleman from Will, Representative Wennlund."

Wennlund

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. One of the reasons the Governor vetoed this Bill was because the land is basically federal land and basically would be illegal for the General Assembly to force a lease of this particular piece of property to the Joliet Regional Port District. It's not a necessary item for the Joliet Regional Port District to acquire this piece and the division of Central Management Services is opposed to the transfer because of the serious constitutional and legal questions involved and I urge a 'no' vote."

Speaker Breslin

"Representative Van Duyne to close. Do you wish to close, Sir? Representative Van Duyne to close."

Van Duyne

"Yes. In reply to the previous speaker, that is correct. The Corps of Engineers has saved a 16 foot easement alongside and adjacent to and contiguous to the wall of the Des Plaines River as it goes through Joliet. But the State Department of Conservation is charged with the maintenance of this. All the Port Authority is asking them to do is lease them the same....in other words, its going to be a second lease. Whatever obligation the Department of Conservation has to the Corps of Engineers, or the Department of the Army or whoever owns it, is take over the maintenance part of this. They do not own it. They will not own it. Nothing is being transferred. All they are doing is taking over the maintenance, which I 64 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 contend that the Department of Conservation doesn't want in the first place. So, I would appreciate your vote."

Speaker Breslin

"The question is, 'Shall House Bill 1781 pass, the veto of the Governor notwithstanding?" All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. 71 votes are required for an override. Have all voted who wish? The Gentleman from DuPage, Representative McCracken, one minute to explain your vote."

McCracken

"I think...I think that what might've been lost in the debate because of the primary importance of the Joliet Port District was the fact that the Amendment which Senator Keats put on the Bill in the Senate would have required that the General Assembly approve essentially the conveyance of the Armory in Chicago which is considered by some to be surplus property at this point. I think it is appropriate, in fact, for us to consider whether we want to have control over that issue or whether this should pass to the Executive Branch, merely by virtue of someone being....or of someone declaring it to be surplus property, and therefor subject to the Surplus Property Control Act. This is a very important piece of state property and I think that it properly belongs as the subject of a particular General Assembly action, so I think we should be voting against the override."

Speaker Breslin

"Have all voted who wish? The Clerk will take the record. On this question there are 67 voting 'aye', 47 voting 'no' and none voting 'present' and this motion fails. House Bill 2044, Representative Pullen. Out of the record. House Bill 2842, Representative Daniels. Is anyone going to handle this motion for Representative Daniels? Representative Ryder."

Ryder

"Madam Speaker, with the agreement of the Chair...with leave of the Chair, we wish to accept the amendatory veto 65 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 rather than override."

Speaker Breslin

"Proceed."

Ryder

"Thank you. The... On behalf of Representative Daniels, Chief Sponsor of this Bill, as a second Sponsor we would ask to accept the Governor's Amendatory Veto."

Speaker Breslin

"The Gentleman has moved to accept the Governor's Amendatory Veto on House Bill 2842 and on that question, the Gentleman from Cook, Representative Bowman."

Bowman

"Just an inquiry of the Chair. In accepting amendatory vetoes, they have to be filed in writing because they are like Amendments. Has this been done?"

Speaker Breslin

"I believe it has been done. It's on the Supplemental Calendar as an accepting motion."

Bowman

"Oh. As an accepting.....Okay. I did not follow that."

Speaker Breslin

"And the Clerk indicates he does have it filed."

Bowman

"Thank you."

Speaker Breslin

"There being no further discussion, the question is, 'Shall the House accept the Governor's Amendatory Veto...or his specific recommendations for change in House Bill 2842? All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Representative Cullerton, on this question. One minute to explain your vote. We have 105 votes, Sir."

Cullerton

"Yes, I just wanted to inquire as to who the Sponsor of the Bill is."

Speaker Breslin

"The Sponsor was Representative Daniels, but Representative Ryder indicates that he was a hyphenated Sponsor, as well, and so he has handled the motion."

Cullerton

"Oh, and this was the Family Subsidy Program which I think, as the Bill was originally passed, would've cost a lot of money, so the Governor applauded the Bill and thought it was premature to spend any money, cause we don't have any money. But the Governor recommended that we make 66 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 it permissive, so that later on when we do have some money then we can vote for the money, so I just want to remind everybody that that's what we're doing. We're making one of Representative Daniel's Bills permissively on the books, even though it doesn't do anything until we appropriate the money later on."

Speaker Breslin

"There being no further discussion, the question is....the question is passed. I believe. Mr. Clerk, take the record. On this question there are 112 voting 'aye', none voting 'no' and none voting 'present'. This motion having received the required Constitutional Majority...Representative McCracken, for what reason do you seek recognition?"

McCracken

"Having voted on the prevailing side relative to the motion to override the amendatory veto of House Bill 1781, I move to reconsider the vote by which it was defeated."

Speaker Breslin

"Okay. That's on a Bill that is not presently pending. As to House Bill 2842, however, the motion to override was adopted and the House accepted the Governor's specific recommendations for change. Now, Representative McCracken has made a motion to reconsider the vote by which House Bill 17...the motion by which House Bill 1781 on.......1781 failed. All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair the 'ayes' have it and the motion carries. Representative Van Duyne, on the motion. To present the motion again."

Van Duyne

"Thank you, Madam Speaker. I respect Representative McCracken for admitting this error and I rise in support of his motion."

Speaker Breslin

"Representative McCracken."

McCracken

"Someone slipped me some spiked popcorn and I got the proposition reversed."

Speaker Breslin

"Okay. So, the question is 'Shall we reconsider 67 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 75th Legislative Day the vote by which this Bill failed?" 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 100 voting 'aye', 6 voting "no" and none voting 'present', and the motion to reconsider passes. Representative Van Duyne now makes a motion to override the Governor's veto of House Bill 1781. Representative Van Duyne."

Van Duyne

"Yes. Thank you, Madam Speaker. It seems that we are in agreement now and I would just ask for your affirmative votes."

Speaker Breslin

"The question is, 'Shall House Bill 1781 pass, the veto of the Governor notwithstanding?" All those in favor vote 'aye', all those opposed vote 'no". Voting is open. The Clerk will take the record. On this question there are 92 voting 'aye', 18 voting 'no' and none voting 'present' and the House does pass House Bill 1781. And the House does accept the Governor's specific recommendations for change. With leave of the Body, I'd like to go back to House Bill 1433 and with leave also, I would ask that Representative Cullerton be allowed to present this motion on behalf of Representative Krska. Are there any objections? Hearing none, read the motion, Mr. Clerk."

Leone

"I move to accept..."

Speaker Breslin

"Excuse me. Before you begin that, Mr. Clerk... with regard to the previous Bill, House Bill 1781, the motion was to override the Governor's veto and the House did override the Governor's veto by the necessary three-fifths Majority. Proceed, Mr. Clerk, on House Bill 1433."

Leone

"House Bill 1433. I move to accept the Governor's specific recommendations for change concerning House Bill 1433." 68 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 75th Legislative Day

Speaker Breslin

"Representative Cullerton."

Cullerton

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. I move to accept the Governor's specific recommendations for change on House Bill 1433. The Bill creates the Nursing Homes Administrators Licensing and Disciplinary Act. The Governor's Amendment makes some changes. It allows the Governor to remove any member of the licensing board for cause, rather than malfeasance or misfeasance or neglect of duty. As passed, the Bill required the Department of Alcoholism and Substance Abuse or the Department of State Police to make available any information they have in their possession regarding a particular case under investigation by the board. This is changed to allow those agencies to cooperate and assist in any investigation undertaken by the board. The effect of the language then would be to make it discretionary with the state agencies. It allows an applicant up to 3 years after filing his application to pass the examination for a license under the act and reduces from 50 dollars to 20 dollars the fee for the issuance of a duplicate license. It deletes from the Department of R & E rule making authority...the authority to establish rules which determine what constitutes physical illness, deterioration through aging or loss of motor skills which results in the inability to practice as a nursing home administrator with reasonable skill, judgment and safety and the habitual use or addiction to alcohol or narcotics which result in the inability to practice the profession with reasonable skill, safety and judgment ...and boy, wasn't that a long sentence? It requires the Department of Children and Family Services to establish and provide family preservation services throughout the state over a period of 5 years, to prevent the placement of children in substitute 69 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 care, to reunite them with their families if so placed, or to maintain an adoptive placement. The DCFS emergency assistance fund is established to provide special financial assistance to families who are in economic crisis or such assistance deemed necessary to prevent dissolution of the family unit or to reunite families which have become separated due to child abuse and neglect. DCFS must establish rules to determine the eligibility of each family for such assistance. Any family found to be eligible shall be limited to receiving only one payment in a fiscal year in an amount not to exceed 500 dollars. So, basically it's pretty clear that this is kind of a cleanup on a Bill that Representative Krska passed which creates this Nursing Homes Administrators Licensing and Disciplinary Act. So, I believe that the Governor's recommendations should be accepted."

Speaker Breslin

"The Gentleman has moved to accept the Governor's specific recommendations for change in House Bill 1433, and on that question is there any discussion? Hearing none, the question is, 'Shall the House accept the specific recommendations for change with respect to House Bill 1433? 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 113 voting 'aye', none voting 'no' and none voting 'present'. This motion, having received the required Constitutional Majority, the motion is adopted and the House accepts the Governor's specific recommendations for change. The next Bill is House Bill 1188. Representative Frederick. Out of the record? Out of the record. Ladies and Gentlemen we are going to Supplemental 4. Calendar Supplemental 4, Amendatory Veto Motions. For Representative Pullen's motion, which appears 70 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 as House Bill 2043, Representative Pullen. Clerk, read the motion."

Leone

"House Bill 2043. I move to accept the Governor's specific recommendations for change."

Speaker Breslin

"Representative Pullen."

Pullen

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. House Bill 2043 is what has often been referred to as the one noncontroversial AIDS prevention Bill. It passed the House 117 to nothing and the Senate 57 to nothing. It relates to the registration of tissue banks and the testing of tissue donors. The Governor agreed with the intent of the Bill, but was concerned about some technical problems which were not taken care of by the Department of Public Health's Amendment to this Bill last June. And I agree with the way he has handled the technical problems and I urge acceptance of the Governor's Amendatory Veto."

Speaker Breslin

"The Lady has moved to accept the Governor's Amendatory Veto of House Bill 2043. And on that question is there any discussion? Hearing none, the question is: Shall the House accept the specific recommendations for change with respect to House Bill 2043? 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 109 voting 'aye', none voting 'no' and none voting 'present'. This motion having received the required Constitutional Majority, the motion is adopted and the House accepts the Governor's specific recommendations for change. Ladies and Gentlemen we are going to Supplemental #5, the Calendar of Supplemental #5, under Amendatory Veto Motions. The first one is Representative Mautino's motion on House Bill 420. Read the motion, Mr. Clerk." 71 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day Clerk Leone: recommendations October 20, 1987 "House Bill 420. I move to accept the specific of change of the Governor as to House Bill 420, in the manner and form as follows."

Speaker Breslin

"Excuse me. Out of the record. House Bill 736. Representative Levin. Clerk, read the motion."

Leone

"I move to accept the specific recommendations of change of the Governor to House Bill 736, in the manner and form as follows."

Speaker Breslin

"Representative Levin."

Levin

"Yes. Madam Speaker, Ladies and Gentlemen of the House. I would move to accept the Governor's changes in House Bill 736."

Speaker Breslin

"The Gentleman has moved to accept the Governor's specific recommendations for change in House Bill 736. And on that question, is there any discussion? Hearing none, the question is: 'Shall the House accept the specific recommendations for change with respect to House Bill 736? All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 111....112....113 voting 'aye', none voting 'no' and none voting 'present'. This motion having received the required Constitutional Majority, the motion is adopted and the House accepts the Governor's specific recommendations for change. House Bill 805. Representative Hannig is the Sponsor, not Representative Klemm. Representative Hannig. Mr. Clerk, read the motion."

Leone

"I move that the House Bill 805 do pass, the Governor's specific recommendations for change notwithstanding."

Speaker Breslin

"Representative Hannig."

Hannig

"Yes. Thank you Madam Speaker, Members of the House. 72 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 This Bill passed the House originally back in the early part of the session, received 63 votes, and then when it came back for concurrence..... Does he have a question?"

Speaker Breslin

"Representative Hannig has moved that the House override...."

Hannig

"Wait a minute. Madam Speaker, I just stopped because I think that he has a parliamentary inquiry or something."

Speaker Breslin

"I see. Representative McCracken, for what reason do you rise?"

McCracken

"Thank you, Madam Speaker. The only motion that appears on the Cal.... on Supplemental #5 is...."

Speaker Breslin

"It's a misprint on the Calendar that Representative Klemm is the Sponsor. I announced that at the beginning, Representative Hannig is the Sponsor."

McCracken

"Okay. Thank you."

Speaker Breslin

"Representative Hannig, proceed."

Hannig

"This Bill basically does two things. One, is it provides that a part of a rural area that I represent, an area so small that they don't even have a post office of their own and consequently receive their mail from a more urban area, be taken out of the inspection. the vehicle emission inspections that was passed and became law in our state a couple of years ago. Now, that provision was the initial part of the Bill; in that area, which is primarily rural, there are four zip codes or five zip codes. Three of them are already exempt, because they are connected with postal areas that are rural in nature. The other two rural areas are connected with urban areas and consequently are in a system where they have to be inspected. And it really provides for a great amount of inequality in the area, when you ask neighbors to go to have their car inspected twenty, thirty miles away and then the next gentleman down the street doesn't have to have his inspected, because he 73 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 happens to have another post office address. So this Bill would simply allow those two zip codes, which perhaps consist of one or two or three families in an area, maybe in total. maybe fifty families in the whole two zip code areas. to be exempt. And it passed the House and the Senate obviously, and it also provides in the second part of the Bill to help a problem that existed in Representative Klemm's area and a Bill that he had tried two or three different times to amend into a piece of legislation which ultimately put into this Bill. And it too, was a necessary piece of legislation for his area. It was not very cotroversial, but nevertheless I would hope that...for the support of the Body."

Speaker Breslin

"The Gentleman has moved to override the Governor's veto of House Bill 805. And on that question, the Gentleman from DuPage, Representative McCracken."

McCracken

"I rise in opposition to the motion. This... No one likes this law. And, you know, a large proportion of the state's population has to comply with it. Everyone in Cook County has to comply with it. Many of the collar counties zip codes have to comply with it. Much of East St. Louis's metro area has to comply with it. Now we're asked to consider taking out of the requirements not even a zip code, but only part of a zip code. And there's no reason given to us why this should be taken out. Is it so rural in nature? That would cause us to re-examine the entire zip code designation. There is nothing more practicable than a zip code designation. There's no reason to go for this motion. And I might add, that the motion to accept the override filed by Representative Klemm, is on page.... or on Supplemental #2, or on Supplemental #5 for no apparent reason. So I think we should defeat this motion and get to the acceptance motion." 74 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987

Speaker Breslin

"The question is: Shall the House override the Governor's specific recommendations for change on House Bill 805?' Representative Hannig would like to close."

Hannig

"Yes. Just very briefly. In case it was not clear, this is a rural area, and indeed it's so small that it does not have a post office. We're talking about farmers who basically get their mail from the north or the south or the east or the west. And consequently, they have no post office and they're being asked to be in a vehicle emission testing program, set up for the urban area. They don't live in Alton, or they don't live in Wood River, they just happen to live out in the country. Now some of those zip codes also trail into Macoupin County, but that county is not into the emission inspection program and they're already exempt. So some of these people that are on these zip codes are already exempt if they live across the county line. We're just saying for the farmers that live in an area in a township, which is so small that the biggest town there doesn't even show the population on the sign, where they don't have a post office, that they be exempt as well. And that's really the underlying reason for the Bill. And I would ask for your 'yes' vote."

Speaker Breslin

"The question is: Shall the House override the Governor's specific recommendations for change in House Bill 805?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Seventy-one votes are required. Seventy-one votes are required. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 66 voting 'aye', 46 voting 'no' and none voting 'present' and the House does not override the Governor's specific recommendations for change with respect to House Bill 805. Representative Klemm, would you come to the podium, please? Ladies and 75 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 Gentlemen we'll go back to page 9 on the Calendar under Total Veto Motions where we left off. The next Bill is House Bill 410. Representative Homer. Clerk read the motion. Or did we do that one already. Mr. Clerk? That one was already done. House Bill 486, Representative Didrickson. Is the Lady in the chamber? Out of the record. House Bill 507, Representative Preston.

Leone

Representative Preston. Clerk read the motion. Clerk Leone: "I move that House Bill 507 do pass, the veto of the Governor notwithstanding."

Speaker Breslin

"Representative Preston."

Preston

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. House Bill 507 was a Bill that would require elementary schools in kindergarten through eighth grade to include in their curriculum instruction to children on drug abuse avoidance. This was included in the Governor's long list of Bills that he vetoed, indicating that he lauded the intent of the Bill, but the state just couldn't afford it at this time. And where.... I think the Governor's staff missed the point, is that this Bill costs nothing. There's no dollar amount whatsoever attached to this Bill. It leaves the amount of money completely discretionary with the school district. So a school district may fulfill this requirement that they do something concerning drug abuse avoidance in the schools, but they need not spend so much as one dollar on it if they don't want to. They may if they do want to, but they don't have to spend any money whatsoever. This is the absolute core of the child protection package that returns millions upon millions of dollars to the state, because of the problems that children will not run into if they receive some instruction, some incentive, some encouragement to avoid drug problems in their early years before they develop a drug dependency 76 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 problem and substance abuse problem. So the savings to the state would be in the many millions of dollars. The cost to the school districts and to the state is absolutely nothing. And I'd be glad to answer any questions. I've talked to the Governor's staff about it and there is no cost involved in it at all. And I'd be glad to answer your questions. I encourage your 'aye' vote."

Speaker Breslin

"The Gentleman has moved to override the Governor's veto of House Bill 507. And on that question, the Lady from Cook, Representative Pullen."

Pullen

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I'm sure the Gentleman's Bill is very well intended. And I'm sure that it's a very good idea to teach about avoiding drug abuse in our public schools. I'm not so sure that it's a good idea to start in kindergarten. And that's what this Bill requires. It requires teaching drug abuse avoidance in every single school year in elementary schools, starting with kindergarten. At that age it is at best likely to be ineffective. At worst, it could be somewhat disturbing to little kids, to be taught about drug and substance abuse. It probably wouldn't mean very much to them, but it might cause them some problems. I think this ought to be up to the local school boards, whether they think that the children in their particular school district need to start learning at the age of five or six, about avoiding drug abuse. I would hope that such instruction could wait for a little more appropriate time in the lives of our children. In fact, I think that in trying to do SO much for our children in the public schools, too often we end up costing them their childhood. And I urge that we support the Governor's veto on this Bill, because I think it's just a little bit too comprehensive. It's a nice idea, but I think it goes too 77 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 far. And I urge a 'no' vote. Thank you."

Speaker Breslin

"The Gentleman from McLean, Representative Ropp."

Ropp

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

Speaker Breslin

"He will."

Ropp

"Representative, in the proposal that we have here in the State of Illinois, do we have any real program as to direct young people to make something more of themselves?"

Preston

"Par.... Do we have any programs in the State of Illinois....."

Ropp

"Does the state have a program that attempts to deal with people in helping to make them the best that they possibly can be?"

Preston

"Well I certainly hope we do. Basically that's what our schools are for, as well as a lot of other programs."

Ropp

"Okay. So schools are an attempt to educate young people to be good wholesome people. We teach them good nutrition so they know how to grow and develop. And certainly drugs seems to be one of the most serious problems that we have in our state that causes all kinds of family unrest, it causes people to do things that are not normal. And certainly it seems that this is one of the primary concerns that we ought to have in our state, to educate young people about the proper use of drugs and substantive abuses. And certainly kindergarten, though it is very early, and though I think it also has a point that we ought to begin teaching young people about how to prepare for life and to prepare for a career in life, certainly this is an important issue. And if in some point in time, and I certainly think kindergarten is as early as we can start at least in terms of state standards, it is not too early to start to train young people the wise use and not use of drugs as well as 78 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 nutritional products, like milk and meat and other foods that are nutritious. Certainly this is an issue, even though some people may say it's going to cost us money. It's going to cost us a heck of a lot more money if we do not begin to address the real serious concerns of our youth of today. And I think we ought to override this particular Bill. Thank you."

Speaker Breslin

"Representative Preston, to close."

Preston

"Thank you. Madam Speaker and Ladies and Gentlemen of the House and thank you Representative Ropp, for those eloquent words. I don't think we have a bigger problem facing our youth today, In Illinois or everywhere else in the country, than the problem of drug abuse and the problems of finding ways to prevent children from being hooked on drugs. Starting at an early age is the time to do it, so that these children do not develop a problem when they get to their teen years. Everybody who testified at the hearing, said the earlier you start and the more often you repeat the message that drugs kill, drugs harm, friends don't offer you drugs, if somebody offers you drugs, that person is not your friend. The earlier you repeat that message, the more often you repeat that message, the better off children will be for it. And I ask for your *aye vote."

Speaker Breslin

"The question is: 'Shall House Bill 507 pass, the veto of the Governor notwithstanding?" All those in favor vote 'aye', all those opposed vote 'no". Voting is open. Seventy-one votes are required. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 68 voting 'aye", 44 voting 'no' and 2 voting 'present' and the motion fails. Representative Preston? Ladies and Gentlemen, I'd like now to go to Supplemental #1. Under the order of Amendatory 79 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day Veto Motions, appears House Bill.... October 20, 1987 Representative McCracken, for what reason do you rise?"

McCracken

"Thank you. We've agreed to move around the Calendar. We were accommodated at the beginning of the day for acceptances of amendatory vetoes, but now Representative Klemm can't get his motion called to accept the veto on that last House Bill that Representative Hannig had a motion on. And in fact, his matter appears on Supplemental #2. Now we've gone from the regular Calendar to 2, 3, 4, 5, or in some order back to the regular Calendar. Now we're off to Supplemental #1. What is the rhyme or reason?"

Speaker Breslin

"I understand that we are trying to do as many Amendatory Veto Motions as possible before we adjourn this evening. I know of only two more left to do so that we can adjourn. One is on this Calendar, the other is on another Calendar."

McCracken

"Which one?"

Speaker Breslin

"Another is on another Calendar being printed. So they're just trying to get these done as quickly as possible, so that we can adjourn for the evening and then come back in the morning."

McCracken

"Okay. We have more than two, but that's fine."

Speaker Breslin

"Okay. House Bill 1546. With leave of the Body, Representative Flowers will handle that Bill for Representative Braun. Does she have leave? She has leave. Read the motion, Mr. Clerk."

Leone

"House Bill 1546. I move to accept the Governor's specific recommendations for change."

Speaker Breslin

"Representative Flowers."

Flowers

"Madam Speaker and Ladies and Gentlemen of the House. I move to accept the specific recommendations of the Governor as to House Bill 1546. Instead of requirements for the 80 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 Department of Children and Family Services, instead of the copies being distributed to each employee, the Governor recommends that a complete copy and current sets of the standards be posted at all times in a convenient place. And I move to accept the amendatory veto of House Bill 1546.

Speaker Breslin

"Representative Flowers has moved to accept the Governor's specific recommendations for change in House Bill 1546. And on that question, is there any discussion? Hearing none, the question is: 'Shall House Bill 1546 be passed with the specific recommendations for change of the Governor?' 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 108 voting 'aye', none voting.....109 voting 'aye', none voting 'no' and none voting 'present' and the House does accept the Governor's specific recommendations for change on House Bill 1546. And this motion has received the required Constitutional Majority. Supplemental #6 has been distributed. On that appears an Amendatory Veto Motion for Representative Preston. House Bill 548. Representative McCracken."

McCracken

"Since Amendatory Veto Motions are what we're on, why don't we just do them in order as they appear on the various Supplementals? There are some on #1 that aren't done yet. Virtually none on Supplemental #2 are done yet. There's no reason to move around like this. I would ask that if in fact that's the order and I agree that that is appropriate, let's do them in order so people can follow on their Calendars."

Speaker Breslin

"We have been trying to do that all day. The reason for the switch around in the evening, is so that we can go home. So...." 81 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987

McCracken

"Well, but what....by what criteria are you moving around to discriminate among Amendatory Veto Motions?"

Speaker Breslin

"As I recall, Amendatory Veto Motions on Supplemental 1; they started at the top and went all the way down and accepted everything where the Members presented those things for a vote. We have not..."

McCracken

"And there's nothing on 2."

Speaker Breslin

"We haven't even begun Supplemental #2, so we have not gone out of order."

McCracken

"So why are we going to 6?"

Speaker Breslin

"We have not gone out of order for Supplemental #2."

McCracken

"Why are we going to 6? What's so important about 6? Why don't we follow the numbers? You know the numbers are here for a reason."

Speaker Breslin

"Okay. It's in order to distinguish so that the Members can distinguish which Calendar we are on. It's not to determine..."

McCracken

"But they can't keep up with your moving through the Calendars out of any chronological or numerical order."

Speaker Breslin

"We've gone to Supplemental #6. I think the Members have it on their desks. They know what Calendar we are on. There is only one motion that we intend to go to, that's House Bill 548."

McCracken

"And I say we go to a Republican motion. If this is the end of the day, let's do a Republican motion. Gary has new-found open-mindedness toward us. Why don't we cap the day with a Republican motion?"

Speaker Breslin

"I'll try to find one. Representative Preston. Is he asking you if you will switch parties for the purposes of this motion? We'll look for one, Representative McCracken. Representative Preston on your motion on House Bill 548. Read the motion, Mr. Clerk." 82 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987

Leone

"I move to accept the Governor's specific recommendations to change to House Bill 548."

Speaker Breslin

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

Hallock

"Thank you, Madam Speaker. Didn't we already do this motion about a half hour ago? It seems to me we already did this one. And there are Members who'd like to have their motions called for the first time, before we get to Members motions for the second time. It would be only proper that we do first motions first."

Speaker Breslin

"This is a motion to accept, Representative Hallock, not a motion to override."

Hallock

"Well, I understand that, Madam Speaker, but still he's already had his day on it once. Let's get to other Members who have not even had their first motion called."

Speaker Breslin

"But the issue is very fresh in the Members of the....in the memories of the Members. So we can go to it and do it in short order. We are trying to find a Bill to call for the Republican side of the aisle."

Hallock

"Well, thank you."

Speaker Breslin

"Okay. We're trying. Representative McCracken? He wanted to adjourn by 5:30. I'm afraid this is pushing us over the limit. Representative...."

McCracken

"I didn't realize my good friend already had a shot at this today. I'm sure if he were asked, he would defer to a Republican Bill to cap off the day."

Speaker Breslin

"Representative Preston."

Preston

"Thank you, Madam Speaker. This actually is a Republican motion. They cut out the heart, guts and the intestines of this Bill, originally. This is to accept the idiotic amendatory veto. So this is really..... This certainly isn't the way I want the Bill. This is absolutely your motion. You did it. You deserve it." 83 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987

Speaker Breslin

"So shall we entertain this Republican motion, Representative McCracken? Representative McCracken."

McCracken

"As Gary LaPaille would say, I've seen the light."

Speaker Breslin

"Representative Preston, would you present your motion on this Bill, please?"

Preston

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. House Bill 548 in it's original form, would have required the Department of Mental Health and Developmental Disabilities to allocate one of its six grants that under current law it must allocate, to a study of teen suicide prevention. The Governor's Amendatory Veto says that they may. Now before this Bill was introduced, they could have done that then also. And now through the Governor's brilliant pen, they still can do that now as well. So this Bill does nothing. It'll affect no one. It won't help any child or any individual in the state. And therefore I assume you like this Bill and I'd ask for your 'aye vote."

Speaker Breslin

"The Gentleman has moved to accept the Governor's specific recommendations for change on House Bill 548. And on that question, is there any discussion. Hearing none, the question is: *Shall the House accept the Governor's specific recommendations for change on House Bill 548?* 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 113 voting 'aye', none voting 'no' and none voting 'present'. This motion having received the required...... This motion having received the necessary majority, is declared passed. And the House does accept the Governor's specific recommendations for change. Representative McCracken, we've seen the light. Representative Wojcik has asked for her Bill to be called. 84 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day We'll go to..... October 20, 1987 This Bill appears on Supplemental #2. House Bill 177. Read the motion, Mr. Clerk."

O'Brien

"House Bill 177. I move to.... I move that House Bill 177 do pass, the Governor's specific recommendations for change notwithstanding."

Speaker Breslin

"Representative Wojcik."

Wojcik

"Yes, Madam Speaker and Members of the House. The Governor has realized the mistake he has made. And if you know and have read the letter, he has seen the light. So therefore, I must tell you that again we are going to ask for the amendatory veto so that the Jaycees, the VFWs', the Mooses and the Meeses and any fraternal organization can hold a Las Vegas night. I ask that we do this. Thank you."

Speaker Breslin

"The Lady moves to override the Governor's veto of House Bill 177. Is there any discussion? Hearing none, the question is: 'Shall the House override the Governor's veto of House Bill 177?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 103 voting 'aye', 7 voting 'no' and 3 voting 'present'. This motion having received the required three-fifths majority, the motion to override prevails and House Bill 177 is declared passed, the specific recommendations for change of the Governor notwithstanding. Representative Terzich, for what reason do you rise?"

Terzich

"Madam Speaker, may I have....wave the appropriate rule to suspend the posting requirements on Senate Bill 1456 so it may be heard in the Executive Committee tomorrow morning?"

Speaker Breslin

"Representative Terzich has moved to suspend the appropriate posting rules so that House Bill 85 75th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 20, 1987 1456..... Senate Bill 1456 can be heard in the Executive Committee tomorrow. Is there any objection? Hearing none, the Gentleman has leave. Representative Levin, for what reason do you rise?"

Levin

"For purposes of an announcement, Madam Speaker. Just to announce that the organizational meeting of the Joint Committee on Minority Access to Higher Education, will be held at 9:00 tomorrow morning in D-1, in Stratton."

Speaker Breslin

"Ladies and Gentlemen the House is preparing to adjourn. We plan to come back at 9:30 tomorrow morning, however, we have several Resolutions that Members wish to take home with them, so we need to read them now. If you.... You need not stay for that purpose. Just be reminded that we will come back into session at 9:30 tomorrow morning. Agreed Resolutions. Representative Giorgi on the agreed Resolutions. Excuse me. Representative Stephens at Representative Tate's desk."

Stephens

"Thank you, Madam Speaker. Is the intention to work to about the same time tomorrow evening? Since many of us want to make sure we see the Cardinals beat up on the Twins."

Speaker Breslin

"I'll send your message back to the back room to see if that can be done....arranged."

Stephens

"God bless you."

Speaker Breslin

"Representative Giorgi, on the Agreed

Resolutions. Representative Giorgi. Turn on your light Giorgi

Resolutions. Representative Giorgi. Turn on your light Giorgi: "Madam Speaker, I move for the adoption of the Agreed so he can find you." Resolutions that have been examined by both sides of the aisle."

Speaker Breslin

"The Gentleman has moved the adoption of the Agreed Resolutions. Is there any discussion? Hearing none, the question is: 'Shall the House adopt the Agreed 86 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 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."

O'Brien

"House Resolution 839, offered by Representative Daniels and Madigan. With respect to the memory of Steve B. Hahn."

Speaker Breslin

"Representative Giorgi 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. Allowing time for Perfunctory Session for introduction of Bills, Representative Cullerton now moves that the House stand adjourned until 9:30 tomorrow morning. All those in favor say 'aye. all those opposed say "no". In the opinion of the Chair the 'ayes' have it and this House stands adjourned until 9:30 tomorrow morning."

Leone

"Introduction and First Reading of House Bills. House Bill 2897. A Bill for an Act to amend Sections of the Illinois Public Aid Code. First Reading of the Bill. House Bill 2898, offered by Representative Currie, et al. A Bill for an Act to amend Sections of the Illinois Support Facilities Authority Act. First Reading of the Bill. House Bill 2899, offered by Representatives Bowman and Homer. A Bill for an Act to amend Sections of the Illinois Public Aid Code. First Reading of the Bill. House Bill 2900, offered by Representative Terzich, et al. A Bill for an Act to add Sections to the Public Utility Code. First Reading of the Bill. House Bill 2901, offered by Representative Mautino. A Bill for an Act to amend Articles of the Business Corporation Act. First Reading of the Bill. And House Bill 2902, offered by Representative Countryman, Johnson and Mc Pike. A Bill for an Act to add 87 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day October 20, 1987 Sections to the Code of Civil Procedure. First Reading of the Bill."

O'Brien

"No further business. The House now stands adjourned." 88 12/01/87 10:12 STATE OF ILLINOIS 85TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX OCTOBER 20, 1987 PAGE 1 HB-0067 MOTION PAGE 40 HB-0072 MOTION PAGE 41 HB-0177 MOTION PAGE 85 HB-0232 MOTION PAGE 48 HB-0236 MOTION PAGE 23 HB-0262 MOTION PAGE 44 HB-0263 MOTION PAGE 45 HB-0321 MOTION PAGE 50 HB-0327 MOTION PAGE 54 HB-0378 MOTION PAGE 8 HB-0409 MOTION PAGE 55 HB-0410 MOTION PAGE 57 HB-0474 MOTION PAGE 9 HB-0507 MOTION PAGE 76 HB-0548 RECALLED PAGE 82 HB-0548 MOTION PAGE 37 HB-0717 MOTION PAGE 60 HB-0736 MOTION PAGE 72 HB-0748 MOTION PAGE 13 HB-0805 MOTION PAGE 72 HB-0932 MOTION PAGE 14 HB-0971 MOTION PAGE 15 HB-1168 MOTION PAGE 17 HB-1187 MOTION PAGE 9 HB-1223 MOTION PAGE 24 HB-1300 MOTION PAGE 27 HB-1355 MOTION PAGE 22 HB-1433 MOTION PAGE 68 HB-1484 MOTION PAGE 18 HB-1509 MOTION PAGE 10 HB-1546 MOTION PAGE 80 HB-1781 RECALLED PAGE 67 HB-1781 MOTION PAGE 62 HB-2043 MOTION PAGE 71 HB-2164 MOTION PAGE 18 HB-2209 MOTION PAGE 11 HB-2304 MOTION PAGE 11 HB-2322 MOTION PAGE 12 HB-2378 MOTION PAGE 13 HB-2403 MOTION PAGE 20 HB-2406 MOTION PAGE 20 HB-2728 MOTION PAGE 28 HB-2802 MOTION PAGE 21 HB-2842 MOTION PAGE 65 HB-2897 FIRST READING PAGE 87 HB-2898 FIRST READING PAGE 87 HB-2899 FIRST READING PAGE 87 HB-2900 FIRST READING PAGE 87 HB-2901 FIRST READING PAGE 87 HB-2902 FIRST READING PAGE 87 HR-0833 RESOLUTION OFFERED PAGE 6 SUBJECT MATTER HOUSE TO ORDER REPRESENTATIVE MCPIKE PAGE 1 PRAYER REVEREND MEHAFFY PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1. ROLL CALL FOR ATTENDANCE PAGE 1 COMMITTEE REPORTS PAGE 3 AGREED RESOLUTIONS PAGE 5 AGREED RESOLUTIONS PAGE 86 DEATH RESOLUTIONS PAGE 87 PERFUNCTORY SESSION PAGE 87 ADJOURNMENT PAGE 88