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Illinois House Floor Debate — April 27, 1988

85th General Assembly (1987-1988) · Legislative day 96 · Regular Session
Chamber
House
General Assembly
85th (1987-1988)
Date
April 27, 1988
Legislative day
96
Session
Regular Session
Speaker turns
390
Original
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Speaker McPike

"Could the Clerk read House Resolution 1245."

Leone

"House Resolution 1245, offered by Leader Daniels." WHEREAS, The Fenton High School bowling team recently topped off an exceptional season by capturing the 1988 State of Illinois Bowling Team Championship; and WHEREAS, The team amassed ten wins and recorded only two losses in overall dual meets this season; and WHEREAS, In addition to their outstanding meet record, the Fenton High School bowling team turned in brilliant performances in tournament play, placing first out of 24 teams at the Round Lake Tournament, first out of 16 teams at the Jacobs Tournament, and second out of 16 teams at the Palatine Tournament; and WHEREAS, Further honors accumulated by team members this year include being named the North Suburban Champion with 1045 game, the highest ever in the state, and winning the Lake Park Sectional Championship, where the team set a state all-time three-game series record of 2902; and WHEREAS, While the team as a whole had an excellent year, each member of the team also received individual honors, including Sue Christiansen, who took second place in state, first place in both the sectional and Jacobs tournaments, was named Tribune Athlete of the Week for January 12, 1988, and was named All-Conference; and WHEREAS, Team member Amy Cameron was also named All-Conference, was ranked 1lth in the state, and was a medal winner at both the Jacobs and Round Lake tournaments; and WHEREAS, Laurie Hesson contributed her many bowling talents to the team and was a medal winner at the Palentine Tournament; and WHEREAS, Several individual honors also went to Kelly 1 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 Jacobsen, who placed second in both the Round Lake and Sectional tournament, third in the Jacobs Tournament, and was named All-Conference; and WHEREAS, Lisa Kupronis was a medal winner at both the Jacobs and Round Lake tournaments, and was a state qualifier; now therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we do hereby congratulate the talented members of the Fenton High School bowling team for concluding their extremely successful season by winning the state bowling championship; and be it further RESOLVED, That we extend our best wishes for continued successes in both their scholastic and athletic endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Sue Christiansen, Amy Cameron, Laurie Hesson, Kelly Jacobsen and Lisa Kupronis.

Daniels

"Ladies and Gentlemen of the House, if I might have your attention for a brief moment. We have some exciting times today because before you, you have the State Championship Bowling team from Fenton High School, Bensenville, Illinois. Would you join me in applauding them in recognition of their fine efforts. Bensenville High School...Fenton High School from Bensenville has one of its former teachers is a very famous member...or former member of that high school staff and that was Representative Gene Hoffman who taught there for 422 years. So...Gene was on the team, he's honorary coach of the bowling team. Before me we have members of the Fenton bowling team that ranged in their averages from 170 up to...what was the high, 197 over 12 games. So as you think of your experiences in 2 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 bowling, think about how many times you bowled upwards of 190 to 200 and one of the ladies here has an average of 12 games of 197. But for a moment I'd like Kelly Jacobsen just to say hello to you. She is the captain of the team. Kelly, on behalf of the team, would you say hello to the Members of the Assembly?"

Kelly Jacobsen

"Hi, I'd like to thank you for allowing us to come here today. It's been a very enjoyable day. It's been really exciting seeing like what goes on around here, it's been very enjoyable. Thank you very much."

Daniels

"And on my left we have coach Astrowski and coach Green. Where are you coach Green? Alright thank you very much and ladies, congratulations and we'll see you back here next year. Okay, thank you."

Speaker Hartke

"Ladies and Gentlemen of the House, can I have your attention please? Would the Clerk please read another Resolution please."

Leone

"House Resolution 1314, offered by Representative Hartke." WHEREAS, It has come to our attention that the Lady Wooden Shoes of Teutopolis, Illinois, won the 1988 Class A Girls' State Basketball Title; and WHEREAS, The members of this body are pleased to recognize the outstanding achievements of the Teutopolis High School girls' basketball team; and WHEREAS, Finishing the season undefeated at 32-0, the Lady Wooden Shoes were able to beat Elgin St. Edward 54-35 in the title game; and WHEREAS, Led and inspired by head coach Dennis Koester and assistant coach Teri Wortman, the 1987-88 Lady Wooden Shoes consist of seniors: Angie Ruholl, Donna Niebrugge, Kim Bloemer, 3 96th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 27, 1988 Cindy Thoele and Lauri Holman; juniors: Marsha Campbell, Kristy Grunloh, Connie Ruholl; and sophomores: Vicki Klingler, Valerie Campbell, Jennifer Hoedebecke and Donna Ruholl; and WHEREAS, The numerous achievements of the Lady Wooden Shoes confirm our belief that hard work and dedication are effective when you set goals and strive to achieve them; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we heartily congratulate the Teutopolis Lady Wooden Shoes on winning the Class A Girls' State Championship; that we commend Coach Dennis Koester on his inspired leadership; and that we extend our best wishes to them for continued success in their future endeavors; and be it further RESOLVED, That a suitable copy of this preamble and resolution be presented to each member of the Teutopolis High School girls' basketball team with our very best wishes.

Speaker Hartke

"Ladies and Gentlemen, I introduce to you their coach, Dennis Koester who will introduce the girls. Dennis."

Dennis Koester

Dennis Koester: "Thank you, thank you, Representative Chuck Hartke. I'd like to introduce the players now, Seniors: Cindy Thoele, Angie Ruholl, Kim Bloemer, Donna Niebrugge, Lauri Holman; Juniors: Connie Ruholl, Marsha Campbell, Kristy Grunloh; Sophomores: Donna Ruholl, Vicki Klingler, Jennifer Hoedebecke, Valerie Campbell. And my managers, Tanya Burrow, Susan Shoemaker and Janet Croly. Thank you for inviting us."

Speaker Hartke

"Thank you very much, Ladies and Gentlemen. The Teutopolis High School Class A State Champion Basketball Team. Thank you very much."

Speaker McPike

"House will come to order. Members will be in 4 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 their seats. The Chaplain for today will be Father John Meyler from Blessed Sacrament Parish in Belleville. Father Meyler is a guest of Representative Goforth. The guests in the balcony may wish to rise and join us for the invocation."

Father Meyler

"The Lord entered into the House in Bethany of Lazarus and was met by his sisters Martha and Mary. Martha busied herself with the duties while Mary sat at His feet. Lord, help us to sit at Your feet, SO that we may contemplate what is right and what is wrong, what is good and honorable. And then having contemplated Your message in our hearts let us put that into forceful actions, according to Your will for ever and ever. Amen."

Speaker McPike

"Be led in the Pledge of Allegiance by Representative Myron Olson." Olson, M. 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 McPike

"Roll Call for Attendance. Representative Piel."

Piel

"Yes, Mr. Speaker, would the record show that Representative Tuerk and Representative Harris are excused today."

Speaker McPike

"Representative Matijevich."

Matijevich

"Yes, Mr. Speaker, on this side of the aisle the excused absence is Representative Carol Braun."

Speaker McPike

"Clerk will take the record. 114 Members answering the Roll Call a quorum is present. Larry DiPrima, one of our retired Members would like to introduce some of his guests very briefly."

DiPrima

"Thank you, Jim. Ladies and Gentlemen, we have with us today the top officers of the State and National for the AMVETS. A lot of you Members I know are members of the 5 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 AMVETS organization. I'll start off with Shirley Roberts of Evergreen Park. She is the Department President of the AMVETS Auxiliary. Shirley."

Shirley Roberts

"Good afternoon, Ladies and Gentlemen. It's a pleasure to be with you."

DiPrima

"Thank you, Shirley. And now we have Dorothy Stodardt of Maine. As Maine goes so goes the Nation they say. Bob Mitchell asked her when she retires as National President to come over and move to Illinois. And she's the National President of the AMVETS Auxiliary. Dorothy Stodardt."

Dorothy Stodardt

"It's a pleasure for me to be here today to bring you the greetings of our National Organization. I am extremely proud of our 25,000 members that we have across this country who give service to the Veterans and their family and at this time I would like to take this opportunity to thank you in Illinois for the service and for the help that you provide our Veterans. Thank you."

DiPrima

"Thank you, Dorothy. And now we have our Department Commander, that's the State Commander he is from Granite City and that's Joseph White, Department Commander of the AMVETS. Joe."

Joseph White

"I'd like to bring greetings to the House of Representatives from the Illinois Department of AMVETS. We look for your support in many occasions and we normally get it. We look forward to continuing support. Thank you."

DiPrima

"Thank you, Joe. And now we have our own National Commander from Illinois. He was originally from Mt. Vernon. Yes...I forgot. Now he is a resident of Springfield. We served together on the Agent Orange Commission when we had that Agent Orange Commission while I was still a Member of the House. Our own Jimmy King, National Commander."

Jimmy King

"Thank you all. It's certainly a pleasure to be back 6 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 here in the State of Illinois. And to extend my gratitude to all the Members of the House of Representatives for all the support you've given Veterans throughout the years. Thank you all very much."

Di Prima

"Thank you."

Speaker McPike

"I wonder if the Chair could have everyone's attention for a minute. We have a...we have one of our ex-Members visiting the House today. In the center aisle a incumbent not incumbent...I'm sorry a city Senator, my roommate Dick Luft. I guess everybody here knows that he turned fifty a few weeks ago. And if you'll read in the morning newspaper you will see in the ink column that he became a grandfather this week. So... Well, we can now call him Grandfather Luft instead of Senator Luft. Welcome to the House, Grandpa."

Speaker McPike

"Representative Leverenz."

Leverenz

"Mr. Speaker, I was just informed by Senator Luft, or Grandfather Luft that all my Bills are going to die in the Senate."

Speaker McPike

"Well that's good news. On page 6 of the Calendar under House Bills Third Reading Short Debate appears House Bill 2906; that Bill was moved yesterday from Second Reading to Third Reading, by error of the Chair. There was a fiscal note that the request had been filed and the fiscal note had not been filed. So, Mr. Clerk, would you put that Bill in the record please. House Bill 2906. McNamara. Yeah, House Bill 2906 will be returned to Second Reading and held on Second Reading until a fiscal note is filed. Representative McNamara."

McNamara

"Yes, a question on that Bill since it's merely a technical revision on it, who filed that request for the fiscal note?"

Speaker McPike

"Why don't you check with our staff and we'll 7 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day help you out."

McNamara

"Thank you." April 27, 1988

Speaker McPike

"That Bill was returned to Second Reading Short Debate, and will be held there. On page 2 of the Calendar, House Bill Second Reading, Short Debate. Appears House Bill 910, Representative Steczo. Read the Bill, Mr. Clerk."

Leone

"Second Reading Short Debate. House Bill 910, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendment #1 was adopted in committee."

Speaker McPike

"Any Motions filed?"

Leone

"There are no Motions filed."

Speaker McPike

"Any Amendments filed?"

Leone

"No Floor Amendments."

Speaker McPike

"Third Reading. House Bill 2293, Representative Giglio. Read the Bill, Mr. Clerk."

Leone

"House Bill 2293, a Bill for an Act to amend an Act in relationship to community currency exchanges. Second Reading of the Bill. Amendment #1 was adopted in committee."

Speaker McPike

"Any Motions filed?"

Leone

"There are no Motions filed."

Speaker McPike

"Any Floor Amendments?"

Leone

"No Floor Amendments."

Speaker McPike

"Third Reading. House Bill 3072, Representative Hensel. Out of the record. House Bill 3249, Representative Hensel. Out of the record. House Bill 3289, Representative Dunn. Out of the record. House Bill 3294, Representative Stern. Read the Bill, Mr. Clerk."

Leone

"House Bill 3294, a Bill for an Act to amend the Criminal Code. Second Reading of the Bill. There are no Committee Amendments."

Speaker McPike

"Any Floor Amendments?" 8 96th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 27, 1988

Leone

"Floor Amendment #1 is offered by Representative Tate."

Speaker McPike

"Representative Tate. Representative Tate. Is the Gentleman here? Representative Stern, there is an Amendment filed to your Bill, the Gentleman is not on the floor. What is your pleasure?"

Stern

"I ask that the Amendment be withdrawn."

Speaker McPike

"You can move to table the Amendment."

Stern

"Table the Amendment please."

Speaker McPike

"The Lady moves to table Amendment #1. Is there any discussion? Representative Mays."

Mays

"Thank you very much, Mr. Speaker. I understand that the Lady is within her rights to move to table. I just would hope that she would take it out of the record just for a couple seconds while we locate Mr. Tate and find out what his intentions might be on this Amendment."

Speaker McPike

"Representative Stern. The Amendment has not been printed or distributed."

Stern

"Since... May I speak?"

Speaker McPike

"Yes."

Stern

"I think since Mr. Tate has not approached me on this or discussed it with me that I would still like to have the Amendment tabled. Has it been printed and distributed?"

Speaker McPike

"No, the Amendment has not been printed or distributed."

Stern

"I renew my request to table the Amendment please."

Speaker McPike

"Representative Stern, Representative Stern, you still have to move to table the Amendment. Representative Stern, would you renew your request to table the Amendment?"

Stern

"Correct."

Speaker McPike

"Representative Tate."

Tate

"Mr. Speaker, what is the current status of the Motion in 9 96th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 27, 1988 front of the Chair right now?"

Speaker McPike

"Well we're trying to find out when the...how long the Bill has been on the Calendar. Your Amendment was filed this morning and there has been a request to take it out of the record. The Sponsor of the Bill has declined to take it out of the record and she is in her right to move to table. So right now I am just trying to find out how much time has transpired. The Bill has been on the Calendar for six days. The Amendment was filed this morning. The Lady is in her right to move to table the Amendment. The Lady has moved to table Amendment #1 to House Bill 3294, and on that Motion the Gentleman from DuPage, Representative McCracken."

McCracken

"Thank you, Madam... Mr. Speaker, I'm sorry. The... I understand the Lady's desire to table the Motion, but I would ask her to reconsider. We are here now still in the early stages of Second Reading, as a matter of fact this has been the first day...or yesterday was the first day of any substantial business on Second Reading at all. We certainly don't want to stop the Bill from being heard, however we do think that it's important enough that these Amendments should be considered. The Amendment had been filed prior to the time when it was called, apparently it's not printed and distributed. But I don't see any reason why we cannot put this off one more day so that we can consider this issue fully."

Speaker McPike

"Representative Tate."

Tate

"Thank you, thank you, Mr. Speaker, Ladies and Gentlemen of the House. To the Lady's Motion I filed... I have filed several Amendments to this Bill. Primarily to bring to the attention of this chamber the significance of this issue. I'm...as the previous speaker had mentioned this is the first day that we have in fact spent any time at all on 10 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 House work. And it was my intent to avoid a situation where the Chair went to this order of business and we move this issue out and we weren't given an opportunity...this House was not given a full opportunity to pay attention to the substance of this issue. And as a result I will admit it is...I do not take lightly to the fact that I would like to change the substance of anyone's legislation. And I am sure that the Sponsor of this Bill is very sincere in her desire to pass this legislation as is. However, this is a very significant issue. An issue that is going to affect all of us. An issue that all of us should pay close attention to. And as a result I would ask the Sponsor of the Motion to at least to allow the Bill to stay on Second Reading for at least two more days and if she will do that I will withdraw my Amendments to this Bill."

Speaker McPike

"Representative Homer."

Homer

"Thank you, Mr. Speaker. I rise to support the Lady's Motion to table and I do so even though I'm planning to vote against the Lady's Bill. And I do SO out of fundamental fairness, because when I look at what has happened here I noticed that she filed this Bill on March 23, which is more than a month ago. The House Judiciary Committee voted the Bill out last Thursday. The Bill has been on Second Reading or available for Amendments to be filed now for six days. The Amendments number eleven, there are eleven Amendments in all. I haven't had a chance to review these Amendments, I might even support some of them, had they been filed in a timely manner. But when the question is whether we should allow the Gentleman to have the Bill postponed SO that he can have his Amendments distributed I think that's wrong. I think there has been plenty of time to have these matters considered. I plan to join the Gentleman eman in opposing the Bill when it's called 11 96th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 27, 1988 for Third Reading, but in fairness to the Lady and dignify the process I think she's well within her rights, and I hope we will resoundingly join with her in setting a precedent and move this Bill on to Third Reading as she's certainly entitled to do."

Speaker McPike

"Representative Stern to close."

Stern

"Mr. Speaker and Ladies and Gentlemen of the House, I think we are all aware that these are eleven hostile Amendments to a Bill that was filed in good faith to protect the air travelers of the United States against terrorism. I think there is no question that this is a controversial Bill. I think Mr. Tate was less than honorable in the manner in which he has handled the filing of these Amendments. I did not know they were there. I do not know what they say. I have not had time to examine them. I ask your support in the interest of fair play on my Motion to table. Thank you very much."

Speaker McPike

"The question is, 'Shall Amendments 1-11 to House Bill 3294 be tabled?' Representative McCracken."

McCracken

"Point of order, Speaker, I move to divide the question."

Speaker McPike

"You're within your rights. The question is, 'Shall Amendment #1 be tabled?' All in favor of the Motion signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? Representative Dunn to explain his vote."

Dunn

"Mr. Speaker, Ladies and Gentlemen of the House, I hope that we'll get more green votes up there because green votes establish a proper precedent when a Member who has had the Bill on Second Reading for quite some time wishes to move the Bill. There really is no reason to pull the Bill back and wait for other Members to conjure up other and different Amendments. Because this Bill if held on 12 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 Second Reading, may wind up...if people are devious with a hundred Amendments. And that really isn't fair to the Sponsor, so we need more green votes to help this Lady to get her Bill to Third Reading."

Speaker McPike

"Have all voted? Have all voted who wish? The Clerk will take the record. On the Motion to table there are 50 'ayes', 60 'nos'. The Motion fails. Representative Stern, do you wish to continue with the Motions on the rest of the Amendments or take the Bill out of the record."

Stern

"I'll take it out of the record, Mr. Speaker."

Speaker McPike

"Thank you very much, Representative Stern. House Bill 3303, Representative Wojcik. Do you wish to have your Bill called? Representative, yes or no? Just signal, wave or...yes. Read the Bill, Mr. Clerk."

Leone

"House Bill 3303, a Bill for an Act to amend certain Acts concerning facilities regulated by the Illinois Department of Public Health. Second Reading of the Bill. There are no Committee Amendments."

Speaker McPike

"Any Floor Amendments?"

Leone

"There are none."

Speaker McPike

"Third Reading. House Bill 3389, Representative Breslin. Representative Breslin, want to have your Bill read? Read the Bill, Mr. Clerk."

Leone

"House Bill 3389, a Bill for an Act to amend the Illinois Solid Waste Management Act. Second Reading of the Bill. There are no Committee Amendments."

Speaker McPike

"Any Floor Amendments?"

Leone

"There are none."

Speaker McPike

"Third Reading. House Bill 3431, Representative Peterson. Read the Bill, Mr. Clerk."

Leone

"House Bill 3431, a Bill for an Act to amend an Act in relationship to personnel monitoring. Second Reading of the Bill. There are no Committee Amendments." 13 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day

Speaker McPike

"Any Floor Amendments?"

Leone

"There are none." April 27, 1988

Speaker McPike

"Third Reading. House Bill 3510, Representative DeLeo. Read the Bill, Mr. Clerk."

Leone

"House Bill 3510, a Bill for an Act to amend the Abused and Neglected Child Reporting Act. Second Reading of the Bill. There are no Committee Amendments."

Speaker McPike

"Any Floor Amendments?"

Leone

"Floor Amendment #1 is offered by Representative Curran."

Speaker McPike

"Representative Curran, Amendment #1."

Curran

"Thank you, Mr. Speaker. Amendment #1 simply adds the word intentionally. This is a very simple Amendment and it also makes a small technical change."

Speaker McPike

"Gentleman moves for the adoption of Amendment #1. Is there any discussion? Being none, the question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye', opposed 'no'. The 'ayes' have it, the Amendment is adopted. Further Amendments?"

Leone

"There are no further Amendments."

Speaker McPike

"Third Reading. House Bill 3519, Representative Richmond. Read...no...out of the record. House Bill 3546, Representative O'Connell. Representative O'Connell. Out of the record. House Bill 3548, Representative Wojcik. Representative Wojcik. Read the Bill, Mr. Clerk."

Leone

"House Bill 3548, a Bill for an Act to amend the Environmental Protection Act. Second Reading of the Bill. Amendment #1 was adopted in committee."

Speaker McPike

"Any Floor Amendments?"

Leone

"There are no Motions filed nor Floor Amendments."

Speaker McPike

"Third Reading. Page 2 of the Calendar. House Bill Second Reading. House Bill 80, Representative Cullerton. Out of the record. House Bill 600, 14 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day Representative Bowman. April 27, 1988 Read the Bill, Mr. Clerk."

Leone

"House Bill 600, a Bill for an Act to amend the Code of Criminal Procedure. Amendments #1, 3, 4 Second Reading of the Bill. and 5 were adopted in committee...adopted previously."

Speaker McPike

"Any Motions filed?"

Leone

"No Motions filed."

Speaker McPike

"Any Floor Amendments?"

Leone

"No Floor Amendments."

Speaker McPike

"Third Reading. House Bill 997, Representative Churchill. Fiscal note has been requested and none filed. Out of the record. House Bill 1254, Representative Steczo. Read the Bill, Mr. Clerk."

Leone

"House Bill 1254, a Bill for an Act to amend an Act to provide for the creation of management of forest preserve districts. Second Reading of the Bill. Amendment #1 was adopted in committee."

Speaker McPike

"Any Motions filed?"

Leone

"There are no Motions filed."

Speaker McPike

"Any Floor Amendments?"

Leone

"No Floor Amendments."

Speaker McPike

"Third Reading. House Bill 1305, Representative Cowlishaw. Out of the record. House Bill 1333, Representative Stange. Read the Bill, Mr. Clerk."

O'Brien

"House Bill 1333, a Bill for an Act to amend Sections of the Probate Act. Second Reading of the Bill. Amendment #1 was adopted in committee."

Speaker McPike

"Any Motions filed?"

O'Brien

"No Motions filed."

Speaker McPike

"Any Floor Amendments?"

O'Brien

"No Floor Amendments."

Speaker McPike

"Third Reading. House Bill 1809, Representative Currie. Read the Bill, Mr. Clerk." 15 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 27, 1988 96th Legislative Day

O'Brien

"House Bill 18..."

Speaker McPike

"No, out of the record. Out of the record. House Bill 1820, Representative Ropp. Out of the record. House Bill 1911, Representative Sieben. Out of the record. House Bill 2324, Representative Olson. Read the Bill, Mr. Clerk."

O'Brien

"House Bill 2324, a Bill for an Act relating to ownership of firearms. Second Reading of the Bill. No Committee Amendments."

Speaker McPike

"Any Floor Amendments?"

O'Brien

"No Floor Amendments."

Speaker McPike

"Third Reading. House Bill 2910, Representative Kulas."

O'Brien

"Mandate note requested."

Speaker McPike

"I'm sorry, State Mandates Act fiscal note requested and none filed. Out of the record. House Bill 2943, Representative Preston. Is Representative Preston here? House Bill...out of the record. House Bill 2981, Representative Cullerton. Read the Bill, Mr. Clerk."

O'Brien

"House Bill 2981, a Bill for an Act to amend an Act relating to the compulsory retirement of judges. Second Reading of the Bill. No committee Amendments."

Speaker McPike

"Any Floor Amendments?"

O'Brien

"No Floor Amendments."

Speaker McPike

"Third Reading. House Bill 3011, Representative Preston. Out of the record. House Bill 3020, Representative John Dunn. Fiscal note is requested, none filed. Out of the record. House Bill 3027, fiscal note requested. Out of the record. On 3027, Representative O'Connell, did you want to call that Bill? You can't move the Bill but we can call it on Second Reading if you wish. Yeah, read the Bill, Mr. Clerk."

O'Brien

"House Bill 3027, a Bill for an Act to amend the 16 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."

Speaker McPike

"Any Floor Amendments?"

O'Brien

"No Floor Amendments."

Speaker McPike

"Will stay on Second Reading. Fiscal note has been filed...has been requested. None filed. House Bill 3056, Representative O'Connell. Read the Bill, Mr. Clerk."

O'Brien

"House Bill 3056, a Bill for an Act to create the Illinois Energy Conservation Finance Authority. Second Reading of the Bill. No Committee Amendments."

Speaker McPike

"The Gentleman would like this Bill held on Second Reading. Out of the record. House Bill 3059, Representative Hartke. Read the Bill, Mr. Clerk."

O'Brien

"House Bill 3059, a Bill for an Act to amend the Unified Code of Corrections. Second Reading of the Bill. No Committee Amendments."

Speaker McPike

"Any Floor Amendments?"

O'Brien

"No Floor Amendments."

Speaker McPike

"Third Reading. House Bill 3074, Representative Hensel. Read the Bill, Mr. Clerk."

O'Brien

"I got a request for fiscal note on this. House Bill 3074, a Bill for an Act to amend Sections of an Act to revise the law in relation to clerks of courts. Second Reading of the Bill. Amendment #1 was adopted in Committee."

Speaker McPike

"Any Motions filed?"

O'Brien

"No Motions filed."

Speaker McPike

"Any Floor Amendments?"

O'Brien

"Floor Amendment #2 offered by Representative Cullerton."

Speaker McPike

"Representative Cullerton, Amendment #2."

Cullerton

"If I could ask Representative Hensel to take it out of the record since the Amendment is not yet been..." 17 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988

Speaker McPike

"Has not what?"

Cullerton

"Printed."

Speaker McPike

"Representative Hensel, the Gentleman has requested you take this out of the record. Representative Hensel."

Hensel

"Representative Cullerton, is this the Amendment that I have in my hand?"

Cullerton

"Right, right, I just gave him a copy of the Amendment. But it hasn't been printed yet. So, if we could just take it out of the record until it is printed and then you can also have an opportunity to review the Amendment to see if you are in favor of it."

Hensel

"I'd prefer to move it to Third and then have a chance to look at the Amendment and bring it back to Second if I can agree with the Amendment."

Speaker McPike

"Well there is a fiscal note filed so you are not going to be able to move it to Third. There is a request for a fiscal note that has been filed, and no fiscal note is filed."

Hensel

"I don't think a fiscal note is required on the original Bill..."

Speaker McPike

"I don't know a request for a fiscal note...excuse me..."

Hensel

"On the original Bill I don't think a fiscal note is required."

Speaker McPike

"Well, a request for a fiscal note has been filed. Representative Hensel, you can take the Bill out of the record or you can move to table the Amendment because it hasn't been printed or distributed. But you can't move Hensel: the Bill to Third Reading. What is your desire, Sir?" "I'd move that the fiscal Act does not apply."

Speaker McPike

"Representative Hensel has moved that the fiscal note Act does not apply to House Bill 3074. And on the 18 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day Motion, the Gentleman from DuPage, McCracken." to April 27, 1988

Representative McCracken

Representative McCracken: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I think the Gentleman makes the Motion because the underlying Bill has no impact. All the underlying Bill seeks to do is create classifications among various county clerks, or circuit clerks for various counties. That's all it does. There is no impact, there is no cost to State Government, there is no cost local government. It literally is a minor change in the law which will have no impact at any local of government. Now I don't know what this Amendment is that Representative Cullerton has put on it, but he's put on an Amendment on a similar Bill of Representative Hensel's having to do with this same subject. Now if that's the Amendment we are in opposition to that Amendment, it is hostile and I think a lot of times we are willing to pay a courtesy to the Sponsor of a Bill and not Sponsor a hostile Amendment if he does not want it."

Speaker McPike

Speaker McPike: "Representative McCracken, we are not on the Amendment. We are on the Motion of rather or not a fiscal note is requested...required."

McCracken

"Right. Well the point of the Motion is so that we can move the Bill to Third Reading today. And the reason for that is because it's a hostile Amendment that the Gentleman seeks to place on it."

Speaker McPike

"Representative Cullerton on the Motion."

Cullerton

"Well, Mr. Speaker and Ladies and Gentlemen of the House, I gave a copy of the Amendment to Representative Hensel a few minutes ago. I didn't give a copy of the Amendment to Representative McCracken, and it hasn't been printed and distributed. So don't know how he has determined that it is hostile, that's number one. And when I 19 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 the Amendment does get on we'll need a fiscal note, because it's going to raise some fees. So that's why we need a fiscal note and that's why we should take it out of the record until this Amendment is printed SO they can determine whether or not it is hostile. I think that makes perfect sense. So I oppose his Motion."

Speaker McPike

"Representative Hensel to close."

Hensel

"I haven't had a chance to really review the Amendment and I would just like to say that I'd like to move the Bill, but until I have a chance to see what the Amendment does. Like I said, I can bring it back to Second Reading after I've had a chance. And I still don't think the fiscal note applies to this Bill."

Speaker McPike

"The Gentleman has moved that the fiscal note does not apply to House Bill 3074. All those in favor of the Gentleman's Motion vote 'aye' and opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion there are 48 'ayes' and 63 'nos' and the Motion fails. Representative Hensel, the Motion fails. At this point you can take the Bill out of the record or move to table the Gentleman's Amendment."

Hensel

"Take it out of the record."

Speaker McPike

"Out of the record. House Bill 3083, Representative Brunsvold. Out of the record. House Bill 3091, Representative Hicks. Read the Bill, Mr. Clerk."

O'Brien

"House Bill 3091, a Bill for an Act to amend Sections of the Illinois Vehicle Code. Second Reading of the Bill. Amendment #1 was adopted in committee."

Speaker McPike

"Any Motions filed?"

O'Brien

"No Motions filed."

Speaker McPike

"Any Floor Amendments?"

O'Brien

"No Floor Amendments."

Speaker Mc Pike

"Out of the record. House Bill 3099, 20 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 Representative Regan. Read the Bill, Mr. Clerk."

O'Brien

"House Bill 3099, a Bill for an Act in relation to certain offenses committed against institutionalized, severely and profoundly mentally retarded adults. Second Reading of the Bill. No Committee Amendments."

Speaker McPike

"Any Floor Amendments?"

O'Brien

"Floor Amendment #1 offered by Representative Regan."

Speaker McPike

"Representative Regan, Amendment #1."

Regan

"Thank you, Mr. Speaker, Members of the House. Amendment #1 is suggested from staff on the Democratic side and corrections making the Bill better from the staff on the Republican side. As far as I know it's totally agreed it makes the Bill better and I move for its adoption."

Speaker McPike

"The Gentleman moves for the adoption of Amendment #1. Is there any discussion? Being none, the question is, 'Shall Amendment #1 be adopted?' All in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it, the Amendment is adopted. Further Amendments?"

O'Brien

"No further Amendments."

Speaker McPike

"Third Reading. Representative Giglio in the Chair."

Speaker Giglio

"House Bill, Second Reading. On page 4 of the Calendar appears House Bill 3100, Representative Breslin. Mr. Clerk. Request for fiscal note has been filed. Mr. Clerk, read the Bill."

O'Brien

"House Bill 3100, a Bill for an Act to amend certain Acts in relation to Environmental Protection. Second Reading of the Bill. Amendment #1 was adopted in committee."

Speaker Giglio

"Any Floor Amendments?"

O'Brien

"No Motions. Floor Amendment #2 offered by Representative Breslin." 21 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day

Speaker Giglio

"Representative McCracken, you rise, Sir?"

McCracken

"Mr. April 27, 1988 for what purpose do Speaker, I believe there has been a State Mandates Act request filed on this, a note request. I'd like the Chair to confirm that, and confirm that the Bill cannot move from Second Reading until that's complied with."

Speaker Giglio

"That's correct."

McCracken

"Is it on? It's on file?"

Speaker Giglio

"It's on file."

McCracken

"Okay, thank you."

Speaker Giglio

"Amendment #2, Representative Breslin."

Breslin

"Thank you, thank you, Mr. Speaker. Ladies and Gentlemen, Amendment #2 is a technical correction in the dates put in the Bill. I would ask that the Amendment be adopted."

Speaker Giglio

"Any questions on the Amendment? Representative McCracken."

McCracken

"This Bill is of a very controversial nature. There have been ongoing negotiations between both sides of the aisle and with the City of Chicago. We filed a State Mandate...a request for a State Mandate Act note. The Bill will not be moving off of Second Reading. I'd ask the Lady to withdraw it and then we will consider all the Amendments at one time."

Speaker Giglio

"Lady from LaSalle, Representative Breslin."

Breslin

"Mr. Speaker, I don't see any reason why the Amendment cannot be adopted, pending any further discussion. But after the Amendment is acted on, I would like to be recognized for another Motion please."

Speaker Giglio

"Representative McCracken."

McCracken

"Surprise, surprise. Are you going to move to rule the State Mandates Act not applied to this and try to move 22 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day Shame on you, April 27, 1988 the Bill today. Representative Breslin, shame on you. This is a very important measure, there have been negotiations with the City of Chicago for the last six months. We've been negotiating down here in the General Assembly for about nine or twelve months and you want to run this Bill through today like this?"

Speaker Giglio

"Representative Breslin."

Breslin

"I have asked that the Amendment be adopted. The Amendment is a technical Amendment dealing with the dates. We had to move all the dates back in this Bill, because the county of DuPage and the county of Cook cannot get their act together so the State of Illinois will have a Solid Waste Management Fund. A fund that is vitally necessary for addressing the environmental problems of this State. I ask that the Amendment be adopted please."

Speaker Giglio

"The Lady moves that the House adopt Amendment #2 to House Bill 3100. All those in favor signify by saying 'aye', those opposed 'nay'. All those voting 'aye'; shall vote green, those opposed; shall vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 65 voting 'aye', 46 voting 'no' and this Amendment is adopted. Further Amendments?"

O'Brien

"Floor Amendment #3 offered by Representative McCracken."

Speaker Giglio

"Representative Breslin."

Breslin

"Has the Amendment been printed and distributed? If it has, I haven't received it."

Speaker Giglio

"The Clerk informs me that the Amendment has been printed and distributed Representative Breslin. The Chair recognizes Representative Daniels."

Daniels

"I wonder if the Lady would consider that at this early stage of the Legislative proceedings, removing this Bill 23 96th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 27, 1988 from the record not...the request is not a request that is meant to delay the Bill, but one to point out the subject and negotiations that are taking place with the Mayor's office and various counties of interest. As recently as yesterday there was a discussion held with the Mayor of the City of Chicago as it applies to this Bill. The Mayor has stated a position that is consistent with the Amendments being proposed and I...before I would want to represent that as finality. I'd like to have final discussions with the Mayor's office. So the Lady could receive our assurance that it has some support in that direction. Furthermore, the subject of Amendment #3, assuming that the Lady will agree to hold this Bill for further action at this time is critical to the subject of solid waste and was the subject of negotiation and agreement last year on this Bill. So I would hope that you would consider just holding this Bill until we could take it up further."

Speaker Giglio

"The Lady from LaSalle, Representative Breslin to respond."

Breslin

"I would certainly be happy to advance negotiations on this issue. However, Representative Daniels, I would request that the fiscal note and the State Mandates Act note be withdrawn. Neither of them apply. If we are going to enter into good faith negotiations, fine, I am ready to support that 100 percent. But I want those notes withdrawn, please."

Daniels

"I don't believe the Lady is requesting me to do something that I have done. The fiscal note and the Mandates Act apply if they are applicable should be met particularly in connection with the Speaker's own statement to make sure that we aren't mandating additional spent to local governments. But having said that, that's a generality. I'm not really referring to that, I'm not 24 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 trying to hold up the Bill unnecessarily. This Bill just went to Second Reading yesterday, April 26th. And I don't think it's necessary to move it at this early stage, because we have plenty of time in which to deal with the Bill. As far as the Fiscal Act and the Mandates Act if it's applicable we probably should follow it. If not if we are able to reach an agreement I don't have any problem with removing it. But it's probably a little premature right now."

Breslin

"In that case, Mr. Speaker, I now move that the Fiscal Note Act and the State Mandates Act do not apply."

Speaker Giglio

"The Motion is not timely, we're on Amendment #3, Representative Breslin."

Breslin

"Very good, then let's proceed."

Speaker Giglio

"Representative McCracken."

McCracken

"Thank you, Mr. Speaker. Amendment #3 would retain the status quo pending the negotiations to which Representative Daniels has spoken. And you know if it's a question of trying to advance in good faith in negotiations, then I submit it's the Sponsor of the Bill who has the duty to come forward and stop this matter. Let the status quo be achieved, let's move on to the negotiations. You know and I know, Representative Breslin, that this has been the subject of negotiations for many months. This Bill passed at the last hour in June of 87, it was vetoed by the Governor. Since that time your side of the aisle, this side of the aisle, the City of Chicago have all been conducting negotiations. So you would have us believe that by slamming this Bill through this early in the Session, that you are facilitating those negotiations in good faith. I disagree. I think it is incumbent upon you to be willing to preserve the status quo, to make sure that these negotiations can go further in good faith. 25 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 That's what this Amendment does. We're not talking about getting any advantage here, we're talking about holding to the status quo. And as a measure of my good faith in that regard, Representative Breslin, I offer to you to withdraw this Amendment at this time. Take the Bill out of the record and start moving it. We're not seeking any advantage, but your insisting on pushing this Bill to Third Reading and have those various Acts not apply, is not a sign of good faith in the negotiations. Obviously, an agreement has not yet been reached. Either take it out of the record and we will withdraw the Amendment at this time, or give up...only for the moment...or give up the facade of good faith negotiations. You're trying to slam it down our throats. And that's the fact of the matter."

Speaker Giglio

"Gentleman from Madison, Representative McPike."

McPike

"Thank you, will the Sponsor yield?"

Speaker Giglio

"Said she will."

McPike

"No the Sponsor of the Amendment."

Speaker Giglio

"He will."

McCracken

"Yes."

McPike

"Yes, would you mind explaining the Amendment?"

McCracken

"Yes."

McPike

"You would."

McCracken

"This reinserts the language which allows government owned facilities to charge a tipping fee up to 70 cents."

McPike

"So this gets us back to the Forest Preserve District in DuPage County forest?"

McCracken

"Yes it does, that's the status quo, that's the State of the law currently."

McPike

"Yes, so this Amendment addresses itself to the one problem that we have not been able to resolve over the last nine months of negotiations and that is whether or not DuPage Forest Preserve District is going to be covered by a 26 96th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 27, 1988 45 cent cap or not."

McCracken

"Yes, that's true, but..."

Mc Pike

"Okay, is there anything else?"

McCracken

"That's true. But the flip side is Cook County does not want to pay the 45 cent tipping fee. Now if...alright..."

Mc Pike

"I understand that. Is there anything...I'm really just trying to find out the Amendment. What's...could you tell me what else is in the Amendment besides that?"

McCracken

"No, that's it."

Mc Pike

"That's it. That's the whole thing."

McCracken

"The other portion of it is current law, it allows the post closure fee to accumulate and be used for purposes relative to the landfill operation."

Mc Pike

"Alright, to the Amendment."

Speaker Giglio

"Proceed."

Mc Pike

"Well, I rise in opposition to the Amendment. I don't know how long we can wait to proceed on this Bill. We have, as Representative Daniel and Representative McCracken have stated, we have negotiated in good faith on this Bill last summer and last fall, and it always came down to one point that we can't agree upon. And that is what should be the...how much the tipping fee should be. We had negotiated a 45 cent cap on the local tipping fee. At the...because of some misunderstandings it was discovered at the last minute that the Republicans that were involved in the negotiations, the Minority Leader and others had not intended this cap to apply to the Forest Preserve District. They wanted a 70 cent tax at the Forest Preserve District and then they wanted to put on a 45 cent tax on top of the 70 cent tax. It was our position that we had never intended to negotiate for 45 cents plus 70 cents, that we had entered into good enough faith negotiations to try to 27 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 reach some reasonable limit of taxation. And 45 cents was what we agreed upon. Because we have never been able to resolve the issue over the Forest Preserve District, we have decided to proceed with the Bill with everything in the Bill that we agreed with, except that one issue. Now the Republicans understandably wished for some reason to tax in DuPage a 70 cent tax in the Forest Preserve District and 45 cents in addition to that. We thought that was too much. And because of that we have proceeded not in haste, it wasn't like we proceeded last summer or last fall. We have waited 8 months, 9 months for some type of movement and there has been no movement. We do not see anyway to proceed except by proceeding with the Bill. So this Bill in its current form, reflects everything that all the parties, not just the Republicans and Democratic Legislators, but all parties in negotiations had agreed upon with one exception. And that is the exception that Representative McCracken speaks to in here. He wishes to tax at a much higher level than we wish to tax. So if you are in favor of taxing at Representative McCracken's level which is 70 cents plus 45 cents, then support his level...then support the Amendment. On the other hand, if you think that 45 cents is a reasonable sum to agree to then you should oppose the Amendment. I know the city opposes the Amendment, I know that the environmental community is happy with 45 cents. I know the manufacturing community is happy with 45 cents. I know that all the Democrats involved in the negotiations were happy with 45 cents. There were a number of Republican Legislators that indicated that they would be happy with 45 cents. But DuPage County is not happy, they would much rather have the higher fees, or the higher taxes. I think that's about as clear as I can explain it and I stand in opposition to the 28 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 27, 1988 96th Legislative Day Amendment."

Speaker Giglio

"Further discussion? The Gentleman from DuPage, Representative Daniels."

Daniels

"Well, it's more or less of which you omitted to tell, that tells the story about your position. For you omitted to explain the fact that on this very floor there was an understanding with the City of Chicago as it applied to the tipping fee in exchange for your parking collection fee Bill of last year. You omitted to explain the fact that the difference here is not a tax, because the money that's used for post closure funds. In other words, what happens when a landfill closes? What happens if there is any trouble with the landfill ten years down the road? Now the reason is the Gentleman would like to try to have you indicate that something unusual about this or sinister about it, what he doesn't tell you is the reason it applies to DuPage County is because DuPage County owns it's landfills. And we except garbage from the City of Chicago, something we prefer not to do, but State law requires us to do. And when they come in there and fill our landfills because they don't have an ownership of their own landfills, what we say is we want a 70 cent tipping fee that goes to the post closure fund. Which will help make sure that any leakage or any problems in the future and down the road are taken care of. The Gentleman doesn't seem to care about the environmental quality of landfills owned by Forest Preserves throughout the State of Illinois. The Gentleman also omits the fact that the negotiations are ongoing and as recent as yesterday, the Mayor, the Mayor of the City of Chicago, the Mayor of 34 of you over there said he's interested in this Bill because he knows that the provisions that are being asked for are reasonable. And ones that should probably be in it. And as the Lady who 29 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 Sponsors this Bill there's such a rush to ram it through the Assembly in the early parts of the Assembly proceedings. Does she bother to tell you that this Bill only hit Second Reading yesterday? And this Amendment literally re-inserts into the Bill the language that was in the Bill when she filed it. Now what are we trying to do here? We are dealing with environmental problems. We're dealing with a Bill that calls for a post closure fee to protect the people, the people in the environment. It's a phoney baloney issue that this Lady is trying to run through you. It's an effort to ramrod it through at the early stage of the proceedings. Now, Mr. Speaker, Ladies and Gentlemen of the House, it's far too early to pull these shenanigans on the people of Illinois. We know we have to stand ready as a Legislature to work together. All I've asked, Madam Sponsor, responsible person, is that you take a few moments and allow the negotiations to continue. But oh no, oh no, not good enough the request, not good enough the issue. Don't care about the environment, don't care about the people that have gone out and taken the garbage for the people of the City of Chicago. What other parts of this State are going to have foisted upon them the same type of activities that this Lady would have foisted upon you. Stand up and be counted now. Be counted."

Speaker Giglio

"Representative Churchill."

Churchill

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I think that Representative McPike also omitted one other factor tha that should be noted. The negotiations on this Bill were ongoing, in fact the negotiations were supposed to continue in January when we came back. Unfortunately, the Mayor of Chicago passed away. The new Mayor was appointed and by the time we came down here in January there was no one who had the authority to enter in 30 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 the negotiations on this Bill. We tried to have this Bill presented in January and have it out of the Session before we got here. But we couldn't do that because there was no clear direction from the City of Chicago. Not due to anyone's fault, but due to the fact of the untimely passing of Mayor Harold Washington. Why should we be penalized because the Mayor of Chicago passed away and the city was not prepared to deal with this issue? That's unfair, and we were involved in the negotiations and we were told that there was no one who could speak on behalf of the City of Chicago for this particular issue. So I think at this point the only thing that is fair is to continue this Bill, to give us time to work out this issue. It will be worked out this Session. This Bill will proceed in due fairness requires that this Bill be granted the amount of time necessary to put it in proper shape."

Speaker Giglio

"The question is, 'Shall the House adopt Amendment #3 to House Bill...McCracken, Representative McCracken to close."

McCracken

"There is no harm done in putting back into the Bill that which was in the Bill as recently as the committee hearing. This Bill has been on Second Reading since yesterday. The Sponsor for some reason is in a hurry to move it without allowing discussions to go forward. I believe that demonstrates a lack of good faith from that side of the aisle on this negotiating point. We're not saying kill the Bill, we're not saying put it off. Let's retain the status quo and we can continue our discussions."

Speaker Giglio

"The question is, 'Shall the House adopt Amendment #3 to House Bill 3100?' All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk take the record. 31 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 On this question there is 48 voting 'aye', 63 voting 'no' and 3 voting 'present'. And the Amendment fails. Further Amendments?"

O'Brien

"No further Amendments."

Speaker Giglio

"The Lady from LaSalle, Representative Breslin."

Breslin

"Mr. Speaker, I renew my Motion with regard to the fiscal note and the State Mandates Act note, that neither of those Acts apply."

Speaker Giglio

"Lady moves that the House reject..."

Breslin

"The Fiscal Note Act...and the State Mandates Act...does not apply."

Speaker Giglio

"Fiscal Note Act and the State Mandate Act pertaining to House Bill 3100 does not apply."

Breslin

"And the reason for that proposal Ladies and Gentlemen, is that this Bill establishes a fee system. So that when there are deposits of solid waste in landfills, money can be collected and then deposited in one, a State fund and the other a local fund to be used for the cleanup of environmental problems and as alternative sources for alternatives to landfilling in this State. I think people know that we are expected to run out of landfill space in this State within five years. It is absolutely essential that we take the lead to start developing source reduction programs, recycling programs, incinerators, whatever. We need a source of money in order to do that. That is why I have been very frustrated by the fact that this Bill and its fee structure have been held up for the past year because the two largest counties in this State cannot agree on one particular section of it. I realize they have particular self interests. My interest is for the whole of the people of this State. They are disadvantaged if we do not move on this issue. I admit that I am trying to force those two parties to get together to come to a compromise. 32 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 Meanwhile, I think the rest of us it is in our own best interest for the rest of the people of this State that we urge these negotiations to go on and put pressure on the parties to do so."

Speaker Giglio

"You heard the Lady's Motion, and on that question, the Gentleman from DuPage, Representative Daniels."

Daniels

"Question of the Sponsor of the Motion."

Speaker Giglio

"The Lady indicates she will."

Daniels

"The Bill as drafted and before us has a provision on it, I believe on page 4 line 24, the Bill as filed. That 45 cents per cubic yard if more than 150,000 cubic yards of non-hazardous solid waste is the maximum charge that can be levied. Is that correct?"

Breslin

"Correct. What does that have to do with the Fiscal Note Act?"

Daniels

"Your Motion to waive the Mandates Act and the Fiscal Act then applies to this Bill. And the 45 cents is a limitation. Under current law is there such a limitation? No, there isn't. Is that correct? There is no limitation on the current law."

Breslin

"There is not an authorization as I understand it, under current law."

Daniels

"There is no limitations so by placing..."

Breslin

"There is no authorization to have it at all."

Daniels

"There is no amount of money that is...that restricts a landfill what it can charge. Is that correct? Currently?"

Breslin

"This doesn't restrict what it can charge. This is a fee put on by State Local Government."

Daniels

"Does this take away from a Forest Preserve District the ability to charge a tipping fee that may be charging today?"

Breslin

"This Section does not deal with the Forest Preserve." 33 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day

Daniels

"The Bill itself then, Madam Sponsor, April 27, 1988 the Bill itself would prohibit a tipping fee to be charged by a landfill that is owned by a Forest Preserve Unit, is that correct?"

Breslin

"AS I understand this Bill does not address that issue as amended at all. And there is some dispute as to whether or not the Forest Preserve District could operate on its own, using its own statutory authority."

Daniels

"It does...let me just tell you that the Bill as filed does end that authority to charge. And that being the case you are removing funds from a local unit of government and that's why the Mandates Act applies. Now if it is your intent not to do that and not to touch that, then I think you ought to state that for the record because it might change the application of the State Mandates Act. On the other hand, if you are saying to us that this Bill does not restrict the authority of the DuPage County Forest Preserve to charge a 70 cent tipping fee that consequently you're moving that the State Mandates Act does not apply and I'd like you to state that on the record."

Speaker Giglio

"Representative Daniels."

Daniels

"And while your thinking using, your own quote, 'developing source reduction and other programs' was your quote as part of this Bill. In order to do that you need a source of dollars to do that. We'd like to know how much and we'd like to know furtherance how you study the Bill. This is a very simple reason, Mr. Speaker, this is why we don't want to ramrod this thing through. A most important Bill that we're stand prepared to support if we could continue our negotiations with the City of Chicago."

Speaker Giglio

"Representative Daniels."

Daniels

"I'm still waiting for my answer. If it's not meant to cover the situation of the DuPage County Forest Preserve and it's tipping fee that's the intent of the Sponsor the 34 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day intent of the April 27, 1988 legislation, I'd like the Sponsor to state on the record. Because maybe we could even move the Bill faster than she would like to move it."

Speaker Giglio

"Lady from LaSalle, Representative Breslin."

Breslin

"I have made my statement to the Gentleman's question... Daniels: let's proceed." "Mr. Speaker. Now, Madam Sponsor, in all due respect, can we please have some responsible comment on this most important legislation dealing with solid waste. You said you're concerned about all people of the State and yet you ramrod this through which hurts those areas that's gone on and spent the money for it's own landfills to except the landfill garbage from other places because State law requires that they do it. Now if it doesn't apply to that situation, state it and then the Mandates Act may not apply. But if it does then state the intent of the record. Yeah, I know you got the Majority Vote, I know that you can run anything through here with the 63 votes that you did. But let's not turn your back on the people of Illinois, particularly this early part of the Session."

Speaker Giglio

"You heard the Motion. Further discussion? Lady moves that... Representative McCracken."

McCracken

"Madam Sponsor, would you answer the question? Or do you decline to answer the question?"

Breslin

"The... Representative McCracken, I have already stated that we took out any reference to what you believe would confine or refer to your Forest Preserve District. There is a dispute at the present time as to what effect that has on the Forest Preserve District's ability to initiate or continue or increase its current tipping fee."

McCracken

"Alright, then I would suggest if you don't know the answer to the question then I would suggest that we hold this Bill until you do know the answer." 35 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day

Breslin

"I don't expect to know the answer ever..."

McCracken

April 27, 1988 "If in fact the Bill does not apply to the situation we envision, say so. And if you don't know say so as well, but let's hold the Bill. I mean what is the point in rushing this through if you don't even know whether the scope of its application."

Breslin

"I would suggest that the matter is in dispute. And that there is no final authority on that issue at this time. I would also suggest that this is not final passage, this is only Second Reading and we have a long way to go until we get to June 30th."

McCracken

"Alright, thank you. Now irrespective of that position, do you know whether or not this would have an impact on any other units of local government? I mean, you've asked us to hold the Note Act inapplicable. My question is as a matter of fact is it inapplicable? Is there not any impact on State or on local government?"

Breslin

"I believe there is not to the extent that it will cost them money and the purpose of the Bill is to make money for them. To do just the opposite. So I don't think either Act applies."

McCracken

"Alright, then would you except an Amendment? Would you bring it back from Third Reading if this Motion prevails which states explicitly that it has no impact as you believe it does not have?"

Breslin

"I don't intend to bring this Bill back from Third to Second, unless I see some real progress in negotiations. You Gentlemen have indicated there have been negotiations, I have not been a part of them. I have not been notified that they are ongoing. This is all news to me. But if I find that there are negotiations I would be happy to bring it back and incorporate into this Bill the result of those negotiations." 36 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 27, 1988 96th Legislative Day

McCracken

"Well, if you're not the party negotiating, why do you have the Bill then?"

Breslin

"I...that's exactly the point, Representative McCracken. It's my opinion that there aren't any negotiations going on if the Sponsor doesn't know about it. So I...you know, you put me in a difficult position. And I don't wish to..."

McCracken

"Thank God we have you in the State of Illinois to save all the rest of us from ourselves."

Speaker Giglio

"The Gentleman from Winnebago, Representative Hallock."

Hallock

"Thank you, Mr. Speaker and Members of this House. On the Motion, first of all on the fiscal note aspect, you know the reason why we in fact in this General Assembly have a fiscal note is so we can find out what the costs are of different programs that we pass through this process. In almost every case we allow a State Agency of some sort to make that judgement, to try to decide for us and give us some advice whether or not the Fiscal Note Act should apply. It's not for us to say whether or not a Fiscal Note Act should apply. It's for the State agencies to tell us what the costs are. That's why we in this General Assembly collectively years ago decided to have a Fiscal Note Act. You know that and so do I. It's a good Bill it works in most cases and you ought to defer to that and wait for that judgement to come back from them. Secondly on the State Mandates Act itself, I guess we have to assume from your posture that you are making this Motion to say the State Mandates Act does not apply, that therefore DuPage County Forest Preserve will be free to do what they choose to do in this situation. It seems to me that if you didn't believe that to be the case, you wouldn't be making this Motion on the State Mandates Act. If you are saying it does not apply, I think we can conclude from that...from 37 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 your inference that therefore it does not apply and restrict DuPage County Forest Preserve either and I would say the Motion is untimely and poorly and should be defeated."

Speaker Giglio

"Gentleman from Lake, Representative Churchill. Churchill."

Churchill

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

Speaker Giglio

"She indicates she will."

Churchill

"Does the original intent of this Bill, is it to impose some sanction on local governments in regards to the hauling or storage of special waste or sanitary waste or regular waste?"

Breslin

"The initial purpose of the Bill?"

Churchill

"Yeah."

Breslin

"To put a sanction on local government?"

Churchill

"Yes."

Breslin

"No, that hasn't...that wasn't the purpose."

Churchill

"Alright, then could you tell me what is the relationship between the State and the local government in your Bill?"

Breslin

"It is...it authorizes the establishment of fees in the setting up of a fund for both the State and the local government. They are separate. They have in this respect no relationship in that regard. I don't understand what you are referring to."

Churchill

"Alright, so this Bill authorizes fees then. Is that correct?"

Breslin

"Correct."

Churchill

"Alright, and is there any charge that may be made by the local governments?"

Breslin

"The fee."

Churchill

"And does this raise fees or does this lower fees for units of local government?" 38 96th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 27, 1988

Breslin

"It establishes the fees. As I recall, it establishes maximums."

Churchill

"So in other words, if some local government had a fee structure now and you establish a maximum which is less than their fee then they actually lose money."

Breslin

"No, I think it sets the fee itself...it establishes maximums."

Churchill

"Alright, so again I'll repeat my question if there is some unit of local government that has a fee structure right now that is in excess of the maximum which applies on this Bill then that unit of local government loses money?"

Breslin

"I don't believe that in this Bill there is any existing impact on a unit of local government in this classification. The only one that I believe is not addressed is the one that you are concerned about and that is DuPage County Forest Preserve District. That is a special entity unto itself, not covered by the others that are referred to in this Bill."

Churchill

"So, this Bill does contain a cap?"

Breslin

"Yes, for the State and for the locals. Yes."

Churchill

"And that cap is less than the cap or less than the amount that is charged by the Forest Preserve District? So there is a cost to some unit of local government in the State of Illinois by this Bill."

Breslin

"You see the Forest Preserve District as I understand it, is a separate entity because it owns its own landfill and it leases it to another. That is a different circumstance from all of the others in this State. So it is a separate category. And this Bill does not address that category."

Churchill

"But nevertheless it is a unit of local government and we are mandating something to it which is going to cost it money." 39 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988

Breslin

"No, I believe we are not touching it at all."

Churchill

"How can you put a statewide cap on that is less than what they have and you don't touch it, I don't understand that?"

Breslin

"It's a statewide cap on local governments and on state government. It is not...we took out the section that deals with a cap on a local government that leases its operation to an operator, to someone outside of the local unit of government itself."

Churchill

"Mr. Speaker, I think there's a great deal of confusion on this Bill at this point. I don't think this is ready to go to Third Reading. I think we ought to keep it on Second Reading. I don't think this Bill should be...we're...your not ready yet to debate this Bill on Third Reading. I think this needs some additional work and I think it ought to stay right here."

Speaker Giglio

"The Gentleman from DuPage, Representative Barger."

Barger

"Thank you, Mr. Speaker. As the only Member of this august Body that has any interaction with the DuPage County Forest Preserve on the development of landfills and the replacement of those that we have with other methods of waste disposal, I would like to suggest that those of us who do not live in DuPage County, which is being impinged on at this particular time, consider that if there isn't sufficient money to develop the programs that DuPage County is trying to develop for incinerators and landfills in an area where the land is extremely expensive, that Dupage County will be put in a position where they are going have to close their landfills in just a very short time. And this problem will not be our problem but it will be the problem of the people in Will County and Grundy County and down the river where the garbage can be moved from Chicago to 40 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 in a convenient fashion by barges. This is a problem where money is needed by the local government and to...for us to arbitrarily limit them to less than the amount necessary to do what they wish to do is counter productive to the entire State and I suggest that we determine that a fiscal note is very definitely applicable in this particular case. Thank you, Sir."

Speaker Giglio

"You heard the Lady's Motion that the fiscal state...mandate fiscal note is not applicable to House Bill 3100. All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Motion, there's 64 voting 'yes', 49 voting 'no', one voting 'present', and the Motion prevails. Further Amendments?"

Leone

"There are no further Amendments."

Speaker Giglio

"No further Amendments. No Motion. Third Reading. Representative McCracken."

McCracken

"Speaker, we have a House Joint Resolution #182 filed by Representative Johnson and others which would...disapprove of the Compensation Review Commission's latest recommendation for pay raises. We filed this last week and we noted today that you had filed a House Joint Resolution 183 out of order and that you were distributing your Resolution now. We have gone to the trouble of going to our own copy machines and distributing our Resolution. I have filed a Motion for immediate consideration and I'd like to be heard on that Motion at this time."

Speaker Giglio

"Mr. McCracken, the Motion was just filed. The report was just filed moments ago and they're in the process of making copies. Every Member will get a copy. They'll have time to review it and tomorrow we're going to have a special call at 2:00 o'clock pertaining to this 41 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day matter."

McCracken

"Speaker."

Speaker Giglio

"Mr. McCracken."

McCracken

"I'll defer to Representative Daniels."

Speaker Giglio

"The Gentleman from DuPage, Representative Daniels."

Daniels

"Now, Mr. Speaker, Ladies and Gentlemen of the House, House Joint Resolution 182 was filed on April 21st, filed and referred to the Committee on Assignment where no action has been taken. I'd like to first ask a question of the Clerk as to when House Joint Resolution 183 was filed? Could the Clerk answer that question? House Joint Resolution 183, dealing with the same subject matter, when that was filed?"

Speaker Giglio

"Mr. Clerk, do you care to respond?"

O'Brien

"House Joint Resolution 183 was filed immediately after the Compensation Review Board report was filed."

Daniels

"When was Compensation Review Board report filed? I'll play your game with you. When was it filed?"

O'Brien

"Approximately 12:30 today."

Daniels

"So at 12:30 today, House Joint Resolution 183 was filed. Is that correct?"

O'Brien

"Correct."

Daniels

"On April 21st, House Joint Resolution 182, 182, was filed. When was House Joint Resolution 184 filed, Mr. Clerk? I can help you with it if you're having trouble with your computers. Do you have to check with Mr. LaPaille, Mr. Clerk, or do you know when it was filed? Mr. Clerk? House Joint Resolution 184, when was it filed?"

O'Brien

"Yesterday, on the 26th."

Daniels

"And when was House Joint Resolution 184 passed? Yesterday. Yesterday. House Joint Resolution 183 was filed today. Are you holding a number open, Mr. Clerk, so 42 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 that it can look like the people that sponsored House Joint Resolution 183, all Democrat Sponsors, filed right after House Joint Resolution 182, all Republican Sponsors, to defeat the Compensation Pay Board review request? Are you holding it open? Are you a clerk of all the people of Illinois, or are you a clerk just of the Democratic side? And what is it you intend to do with your office, Mr. Clerk? I'll tell you. This is probably the highest claim against the integrity of that office that I've heard since I've been here. Holding numbers open, keeping it open so that you can show the partisanship that you're operating under, 183 being held open, 184 passed yesterday. What is it that you intend to do, Mr. Clerk, as it applies to future orders? Are you taking your orders from Mr. Madigan's Office, or are you taking the orders in the oath that you were bound to uphold? Once again, another example of what's going on in this chambers. Let's operate this chambers on behalf of the people of Illinois and not on the partisanship that you may do. Let's not ramrod Bills through here when we have a revenue problem in this State and will require this...this organization to work together. Now, Mr. Clerk, what is it that we're going to expect from you? Fair treatment or shoddy partisanship, holding numbers open? What can we expect?"

Speaker Giglio

"The Gentleman from Champaign, Representative Johnson."

Johnson

"Before I address the subject matter, I'm just...I'm confused...I filed my Resolution last...well, it was April 21st. The Clerk indicates to me that the phantom Resolution, with no Sponsors, whose names have been later added was filed...he says immediately after the Compensation Review Board recommendations were made. Is that...you're saying the formal submission of those, or the 43 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 vote by the Compensation Review Board. Because that...I didn't file 182 on the 21st because I just somehow imagined in a dream that the...Compensation Review Board had made certain recommendations. So I guess, before I address it, I don't understand the responsiveness of your answer to Representative Daniels' question when you said the Democrat Resolution was filed immediately after the Compensation Review Board's submission. What did you mean by that? Mr. O'Brien, I'd be interested to know your response."

Speaker Giglio

"I believe the re...the problem with response is that...the Motion was filed prior to the report being filed."

Johnson

"No. Wait a minute. I...I really think...I'm not trying to approach this in a partisan fashion. I want to know what the sequence of events was before I can even address the question that's before us. The Clerk says that the Democrat Bill...or Resolution was filed today, immediately after the Compensation Review Board's recommendations were made. As I understand it, those Compensation Review Board recommendations were made on the 19th or 20th, released to the press and the public and we acted quickly before we were concerned about, or interested in what the political shake down was going to be. We stood up for what we thought was right. That's why we introduced the Resolution on April 21st immediately. Before we'd had a chance to hear what the public was saying, although we're concerned about that, we wanted to act to do what we thought was right, even if it was against our own interest immediately, not a week later, when all the political ramifications have had a chance to shake down. I'm just interested to know, again, before I address the subject matter, when and how the response was made. I'd even be happy if Mr. Leone would respond. I think he could probably 44 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 look objectively at the records of this Body and make a nonpartisan response. But if Mr. O'Brien wants to address the subject matter, I'll be glad to hear from him as well, since he made the original response."

Speaker Giglio

"Does the Minority Leader want to request this Motion?"

Johnson

"I want to know, Mr. Speaker, what the response meant when he said he...the Democrat Resolution was filed immediately after the Review Board's recommendations were made. I don't understand."

Speaker Giglio

"Representative Cullerton, would you like to respond?"

Johnson

"I want the Clerk to respond. I'm simply asking him what he meant."

Speaker Giglio

"Please. Now let's be fair, let's be fair and let somebody on this side of the aisle respond to those..."

Johnson

"Speaker, I just want to know a further elucidation, as it were, of the Clerk's earlier response. What does he mean? What did he mean when he...when he indicated that it was filed immediately after our Resolution or after...after the Compensation Review Board's recommendations were made. I don't understand that. The Recommendations were made eight days ago."

Speaker Giglio

"Representative Daniels, do you care to have your..."

Johnson

"Everybody in the state of Illinois now knows how we're trying to...rip off the education spending or the taxpayers for our own naked self-interests and we responded to that by a Resolution immediately, notwithstanding that it was against our interest. We didn't hear from them for a week. A week later, after...after all the concerns about education and a tax increase and everything else had a chance to be analyzed, then they filed their...filed their 45 96th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 27, 1988 Resolution, a week later. That's real good responsiveness to the needs of the people of Illinois, the taxpayers of Illinois, and the school children of Illinois. My concern about what..."

Speaker Giglio

"Alright, alright, thank you. Thank you, Representative Johnson. Thank you for those remarks. House Joint Resolution 186 has just been filed by Representative Curran. It's a clerical error. It was filed after the report. We're going to discuss either House Resolution 182 or 186 tomorrow at the proper time at 2:00 o'clock and this House is now ready to adjourn. Repre... Representa...Yes, I am, Representative Daniels. You may proceed. Remember when I am in the Chair, I am the Speaker."

Daniels

"Let me bring this to some kind of a...an order here. The issue is not a clerical error. The issue is an LIS printout, as I have in my hand right now, states clearly that House Joint Resolution was filed on April 21st. But lo and behold, when the printout in LIS comes out, House Joint Resolution 183, no Sponsor on it, held open, the LIS says. And then, when we go to House Joint Resolution 10...184, LIS, in keeping track of things in an orderly fashion as they do, they have it that it's passed. The Resolution Consent Calendar, on April 27th, a current entry on LIS, clearly an effort to hold open a Resolution number. Now, if you do it on a Resolution dealing with the Pay Compensation Board, what will you do with the printing unit on printing Resolutions and distributing them? What will you do on Bills as they are filed? What's the integrity of the Clerk's Office? Can we trust the Clerk's Office? Can we trust the Speaker? Can we trust the fact that this is going to run positively? I don't think so. We think we should have an investigation and some answers to this." 46 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day

Speaker Giglio

April 27, 1988 "Now, Representative Daniels, we're all apt to make mistakes and we've admitted there's a clerical error so...we've admitted that and now we're going to proceed and we're going to adjourn in a few minutes. Now, the Chair's been awful lenient and awful kind in letting this side of the aisle respond. Now you have to admit that. Alright, alright. Johnson: Representative Johnson, proceed." introduced the We'll be glad to to a "Everybody knows the issue. We Resolution a week ago that's before us. accept Democratic votes on that Resolution. As a matter of fact, if they want to join on as Sponsors, we'll be glad to let them join as Sponsors. But the fact of the matter is, we introduced a Resolution on a subject matter that all 118 Members of this chamber understand. Everybody in the State of Illinois understands. Why do we have to postpone a hearing on something that's crucial to the people of Illinois and crucial to this chamber, crucial to the school children of Illinois as well as the taxpayers time...to tomorrow? Why can't we hear it right now? Do you want to choke off for another day or delay for another day the will of the people with respect to pay raises of 10 percent when people are receiving cuts in education, mental health and public health, and the taxpayers are looking at a 1 percent income tax increase? Or should we vote on it right now? Or are we going to wait another day so we can have a Democrat Bill put through so they can send out press releases and take credit for something they waited a week to introduce? We introduced it before the political shake down. We introduced it before responses...the response of the public and at a time when we were acting purely on conscience and what we thought was right or wrong. Now why can't we be heard on that today? Why do we have to wait until to tomorrow to hear it? You haven't even got a valid 47 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 Resolution on you before it. It's the only valid Resolution that's been introduced. Let's hear it today. Let the people of Illinois..."

Speaker Giglio

"Well, now we know there's no reason...if we're going to proceed in an orderly fashion, Representative Johnson, you know we're a half hour overdue on the 2:00 o'clock committees and in order to meet the deadline of our committee hearings and in order to have these Bills presented so we could properly proceed to the end of June, we will do that tomorrow at the appropriate time. Representative Bowman."

Bowman

"Yes, I'd actually like to do a little business...briefly...I'd ask leave of the House to table the following Bills of which I am the joint Sponsor: 3461 and 3773."

Speaker Giglio

"Does the Gentleman have leave? The Gentleman moves that House Bill 3461 be tabled, 3773. All those in favor signify by saying 'aye', those opposed 'nay' and the Bills are tabled. Representative McCracken, do you have a Motion of immediate consideration? Is that the purpose you...Representative Bowman, where are you? Out of the record? Change your mind? Representative Bowman."

Bowman

"If everyone's going to be like that about it, I withdraw the Motion."

Speaker Giglio

"Motion withdrawn. Representative Kulas."

Kulas

"Thank you, Mr. Speaker. I'd like to waive the posting rules to hear a Republican Bill on the Energy and Environment Committee."

Speaker Giglio

"Does the Gent...Mr. Clerk, General Resolutions."

O'Brien

"House Joint Resolution 183, offered by Representative Curran, House Joint Resolution 186, offered by Representative Curran."

Speaker Giglio

"Speaker Madigan." 48 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day

Madigan

"Mr. Speaker April 27, 1988 and Ladies and Gentlemen of the House, we wish to thank the Republican side for letting us know that they're in attendance today. Relative to the report of the Compensation Review Board, the matter was filed with the Clerk's Office today. Our plan is to consider that as a Special Order of Business tomorrow at 2:00 o'clock when we will proceed to vote on STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 filing, but it is a smear and a black mark on a Clerk that originally, ordinarily, follows through with the highest degree of integrity and it's a smear on this process and it's harmful to the people of Illinois because you do it on this, you'll do it on Roll Call votes, you'll do it on the filing of Bills, you'll do it on sponsorship. And once again, the issue, the clear issue is the integrity of the process. And I think we deserve a better answer than the fact that House Joint Resolution 183 was just acknowledged by the Clerk as having been filed and read into the record is a clerical error. I think we should know more about it and I intend to follow this through with an investigation on our part to see whether or not the integrity of this process and consequently the people of Illinois has been violated."

Speaker Giglio

"Representative Madigan."

Madigan

"Mr. Speaker, again, we are now 40 minutes late for committee. I trust that certain Members of this Body have now exercised their vocal chords so that they're prepared to get about the business of the Legislature. I would move that we adjourn until tomorrow, Mr. Speaker."

Speaker Giglio

"Representative Matijevich."

Matijevich

"Yes, Speaker, Ladies and Gentlemen of the House, Rules Committee will meet in the Speaker's room immediately after adjournment. There's a few Bills, I understand, that we've discussed on both sides of the aisle. Appreciate your attendance."

Speaker Giglio

"And also because of the lateness, the 4:00 committees will meet at 4:30. Representative McCracken."

McCracken

"...We hereby request a Republican conference immediately upon adjournment and...we will not be able to attend rules until that conference is finished."

Speaker Giglio

"...Well, then there's no reason to have a rules 50 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day meeting. I believe they were Representative Matijevich." Matijevich: April 27, 1988 all your Bills. "...make... make an announcement. There will be no Rules Committee meeting today."

Speaker Giglio

"McPike moves to adjourn, allow...McPike moves to adjourn. All those in favor signify by saying 'aye', those opposed 'nay'. The House now stands adjourned until...the House will stand adjourned until 2:00 p.m. tomorrow, Special Call. Representative McCracken."

McCracken

"Speaker, we've requested a conference. I want those committees deferred while we are in conference. We have right to that conference and no business can be conducted while we're in it. We...We've asked the conference, now, immediately, Room 118. No conferences can meet during that time."

Speaker Giglio

"We've...we've already adjourned and we will ask that the Democratic Chairmen of the committees not call their committee meetings until the Republicans attend. All Republicans meet for your conference immediately. Representative Van Duyne."

Van Duyne

"Yes, Mr. Speaker, I've been trying to tell the...the group here that Counties and Townships Committee has an obligation to meet also at 2:00 o'clock and we're already 40 minutes late. So I admonish all the Democrats to come to our committee meeting so we will have a quorum. We need every Member to come to the Counties and Townships Committee and if we do get a quorum, we will conduct the business of our committee. We only have an hour and a half before we have to go to environment and if we get a quorum in our committee, we will conduct the business of that committee."

Speaker Giglio

"Representative McCracken."

McCracken

"Speaker, you just...told your... Committee Chairman to 51 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 96th Legislative Day April 27, 1988 not hold any committee meetings while the Republicans are in conference. Now, can we rely on that or are we going to show up with Representative... Van Duyne having passed 25 Democratic Bills?"

Speaker Giglio

"Representative McCracken, you can take my word to the bank, believe me."

McCracken

"Are you going to tell Repre... Representative Van Duyne not to call any meetings while we're in conference?"

Speaker Giglio

"Representative Van Duyne was not in the chamber when I made the statement, so he now understands."

McCracken

"Alright, thank you." 52 REPORT: TIFLDAY 14:37 STATE OF ILLINOIS 85TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 27, 1988 PAGE 1 08/17/88 HB-0600 SECOND READING PAGE 15 HB-0910 SECOND READING PAGE 8 HB-1254 SECOND READING PAGE 15 HB-1333 SECOND READING PAGE 15 HB-2293 SECOND READING PAGE 8 HB-2324 SECOND READING PAGE 16 HB-2906 HELD ON SECOND PAGE 7 HB-2981 SECOND READING PAGE 16 HB-3027 SECOND READING PAGE 16 HB-3027 HELD ON SECOND PAGE 17 HB-3059 SECOND READING PAGE 17 HB-3074 SECOND READING PAGE 17 HB-3074 OUT OF RECORD PAGE 20 HB-3091 SECOND READING PAGE 20 HB-3091 OUT OF RECORD PAGE 20 HB-3099 SECOND READING PAGE 21 HB-3100 SECOND READING PAGE 21 HB-3294 SECOND READING PAGE 8 HB-3294 OUT OF RECORD PAGE 13 HB-3303 SECOND READING PAGE 13 HB-3389 SECOND READING PAGE 13 HB-3431 SECOND READING PAGE 13 HB-3461 DISCUSSED PAGE 48 HB-3510 SECOND READING PAGE 14 HB-3548 SECOND READING PAGE 14 HB-3773 DISCUSSED PAGE 48 HR-1245 RESOLUTION OFFERED PAGE 1 HR-1314 RESOLUTION OFFERED PAGE 3 HJR-0182 DISCUSSED PAGE 41 HJR-0183 DISCUSSED PAGE 42 HJR-0184 DISCUSSED PAGE 42 SUBJECT MATTER HOUSE TO ORDER REPRESENTATIVE MCPIKE PAGE 4 PRAYER FATHER JOHN MEYLER PAGE 5 PLEDGE OF ALLEGIANCE PAGE 5 ROLL CALL FOR ATTENDANCE PAGE 5 INTRODUCTION OF GUESTS PAGE 5 GENERAL RESOLUTIONS PAGE 48 ADJOURNMENT PAGE 52 .