"The House will come to order. The House will come to order. The Chaplain for today will be Father Frank O'Hara from St. Peter and Paul Church in Springfield. Father O'Hara is a guest of Representative Curran. Guests in the balcony may wish to rise and join us in our invocation."
"In the name of the Father and of the Son and of the Holy Spirit. Guide me we beseech Thee oh Lord, all those to whom is committed the Government of this state. And grant them at this time special gifts of wisdom and understanding, of counsel and strength. That they may consider all questions calmly in their deliberations and act wisely and promptly upholding what is right, abhoring what is wrong. And performing that which is just So that in all things Thy will be done. We ask this through Christ our Lord."
"We'll be led in the Pledge of Allegiance by Representative McGann."
"I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Mr. Piel do you have any absentees?"
"As you can see Mr. Speaker everybody on both sides of the aisle is here this morning."
"Representative Matijevich."
"Mr. Speaker, Representative Braun is excused due to illness. And Representative Saltsman is attending his sisters funeral."
"Take the record Mr. Clerk. 116 Members answering the Roll Call, a quorum is present. Agreed 1 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day Resolutions."
July 2, 1988 "House Resolution 1721, offered by Representative Jones. House Resolution 1720, offered by Representative Sutker."
"Representative Matijevich."
"Mr. Speaker the Resolutions are congratulatory. I move the adoption of the Agreed Resolutions."
"The Gentleman moves for the adoption of the Agreed Resolutions. All in favor say 'aye', opposed 'no'. The 'ayes' have it and the Agreed Resolutions are adopted. Death Resolutions." Johnson.
Fulkerson. Clerk O'Brien: "House Resolution 1722, offered by Representative With respect to the memory of Sidney Eugene House Resolution 1723, offered by Representative Johnson. With respect to the memory of Kevin Marcum."
"Representative Matijevich moves for the adoption of Death Resolutions. All in favor say 'aye', opposed 'no', the 'ayes' have it and the Death Resolutions are adopted. General Resolutions."
"Senate Joint Resolution 114, offered by Representative Morrow."
"Committee on assignment. Supplemental Calendar #1, appears House Bill 3470, Representative Giglio."
"Mr. Speaker, Ladies and Gentlemen of the House, this is the Charitable Chance Bill. This is the one that repeals the Las Vegas nights. If this Bill doesn't pass today, all Las Vegas nights will cease to exist, September 1st of this year. We had two Conference Committee Reports, this is the last one. The Second Conference Committee Report contains 3 items. One, we raise the bets from $5.00 to $10.00. Two, the 60 thous...counties that have 60,000 or less could have their Las Vegas nights at 8 places instead 2 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 of 4. And we took the provision out where the volunteers could play after they run the games. The one other thing was that the bonds for the counties that have $60,000.00 or less, the bonding is up to the discretion of the Department of Revenue. So this is it. All those in favor I would appreciate all your support. All those that are against, be quiet and let it go."
"Representative Giglio."
"Mr. Speaker there's some people that want to talk against the Bill and in all fairness to them I think I should take it out of the record. We'll wait until they come down."
"Okay, take the Bill out of the record. Senate Joint Resolution 144, Representative Breslin. Representative Breslin. Oh I'm sorry, out of the record. Senate Joint Resolution 163, Representative Lang."
"Thank you, Mr. Speaker. Members of the House on May 5th the House passed House Joint Resolution Constitutional Amendment 13, which deals with the revision of provisions dealing with delinquent tax sales of multi-unit dwellings over 6 units. This is going to be on the ballot in November, but before it goes on the ballot we have to pass Senate Joint Resolution 163 which is the language that will appear on the ballot. Senate Joint Resolution 163 has been reviewed by and signed by the committee and I ask the adoption of the Resolution."
"The Gentleman moves for the adoption of the Resolution. Is there any opposition? The question is, 'Shall Senate Joint Resolution 163 pass?' All in favor say 'aye', opposed 'no'. The 'ayes' have it and the Resolutions adopted. Stand at ease."
"Supplemental Calendar #2 is being distributed."
"The House will come to order. All those people 3 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 not entitled to the House Floor please retire to the gallery. All persons not entitled to the House floor please retire to the gallery. The House is ready to conduct its business for the day. All those people not entitled to the House floor please leave the House chambers. Supplemental #2, House Bill 253, Conference Committee Reports. The Gentleman from Madison, Representative Wolf."
"Mr. Speaker will you take this out of the record just temporarily for a minute?"
"Take it out of the record Mr. Clerk. Ready? Representative Wolf. The Gentleman from Madison, Representative Wolf."
"Thank you very much, Mr. Speaker, Members of the House. House Bill 253 as all of you know is the Omnibus Pension Bill and it contains a number of provisions affecting most of the pension systems. Those that are funded by the state and those that are funded by the various local governments. The only benefit packages in this Bill are for the Chicago Park District and the Chicago Police. In both cases these changes represent agreements between both the employers and the employees. It was a negotiated package. Therefore these proposals are exempt from the State Mandates Act and are exempt from state reimbursement. Furthermore the Bill includes the agreement between Chicago, the unions and the four Chicago retirement funds concerning the continued offering of payment of group insurance which has been disputed in the courts. Finally, the Bill also includes several special case provisions to help various people who have special circumstances concerning their pensions. There is also a provision in there with regard to the 70 years of age which was put in to comply with federal rules. These provisions are needed to keep the preferential tax 4 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 status of the funds. The Bill also contains a number of no cost administrative changes sought by the systems. There are also several provisions included to correct mistakes or problems with the package that we passed last year. We think that this is a responsible pension package, one that is more or less a bare bones package. And we would solicit your support and be glad to answer any questions."
"Any discussion? The Gentleman from Cook, Representative McAuliffe."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would like to strongly echo what Representative Wolf said and offer my strong support for this Bill. There was a lot of work went into it, it does effect a lot of people in Chicago and downstate. However, there's one group that has been left out and I feel it would be unfair not to mention the fact that the State Troopers would hope to be in this Bill, were not allowed in it because of the obstinance of one State Senator who absolutely refused to allow the Conference Committee Reports to be signed in the Senate if the State Police were put in it. This is a crucial mistake that we must come back and correct in the Fall. Representative Goforth has worked very diligently on behalf of the State Police and through the stubborness of one State Senator who had a personal problem with the Bill, the State Police were very unfairly blocked from being included in this Bill. I want this Bill to pass today. I want to come back in the Fall and do all we can to help Representative Goforth and the State Troopers get the fair treatment that they deserve. However, I do strongly urge your 'aye' vote on this Bill."
"The Gentleman from Lake, Representative Matijevich."
"Mr. Speaker, Ladies and Gentlemen of the House. I 5 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 sort of echo the remarks of Representative McAuliffe. This is the Bill that from all I could gather the Governors office had signed off for the State Troopers on the issue on the last day of service which all other law enforcement personnel in State and Local Governments and fire fighters receive. I thought it was eminently fair that State Troopers also receive that benefit. It is true, you know today I talked to one person some of you may have remembered yesterday on a Bill where I was arguing that Bill actually and using... trying to use some leverage to get the reconsideration of this matter for State Troopers. On that Bill a lobbyist was lobbying on the floor of the House. I think most people here agreed with what I did then because I have always, always stood for the fact that when a Bill is being considered a lobbyist should not be on the floor lobbying that Bill. One...everybody practically agreed with me. One person said I was taking it personal and I said that's how I believe. Yet on this matter of the State Police, one State Senator with any doubt is taking it personal. One State Senator has a personal grudge and is holding back the benefits for many, many deserving State Troopers. I just think that's unfair. You know, I'm going to vote 'present', because I just can't get it into me to vote 'aye' for this. I know we're not going home without this Pension Bill, I know that, everybody knows that. But it's not going to be done with my vote, because of the basic unfairness to the troopers, the obstinance of one person. I told that one person I said 'you know I'm too old, I'm too old to lecture anybody, but when somebody holds a personal grudge it always comes around'. I'm too old to lecture that to anybody, but I think that's basically unfair that peoples lives are hurt, because of the grudge of one person. That's unfair. For that reason 6 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 I'm going to vote 'present'. I know this Bill will probably pass. That's alright, I'm for the Chicago Police. I'm for the park district personnel to receive their pensions. I'm for everybody to have a good life, to have good benefits, when they earn them. But I can't get it into me to vote for this Bill yet."
"The Gentleman from Madison, Representative Stephens."
"Will the Sponsor yield for a question? Representative Wolf can you...are you familiar with the African Development Bank And can you tell me a little bit about that bank?"
"Would you restate that question please?"
"Are you familiar...on page 2 of the report we add language including the African Development Bank."
"Yes."
"Are you familiar with that group?"
"Am I personally familiar with that group and their operations?"
"Yes."
"I am not personally familiar with that group and their operations, no. But I am familiar with the inclusion of this in the Bill."
"Can you...you're not familiar with any of their operations or where this...where they invest in that group?"
"The African Development Bank has got headquarters in Abjudon in the Ivory Coast and it was established in 1963 by 30 African countries to make loans on market terms to promote economic and social development."
"It's the social development, Mr. Speaker to the report. It's the social development that concerns us. It certainly concerns me. The fact of the matter is that the 7 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 many African nations are under the influence of communism, not an indirect influence at all. Nations like Zimbabwe, Uganda and Ethiopia just to mention a few, this development bank will be loaning money not for...not just for economic development to private enterprise like we're used to seeing here in this country, but directly to the governments that are oppressing their people. In Ethiopia where the standard is the government to...for those people who are more interested in freedom than they are of worshipping at the communist manifesto that they starve those people as a social policy in that nation. In Uganda where Cuban troops using communist weapons and communist advise and communist theory that they are learning from our new found friends in the Soviet Union... are holding down their people using force to try to keep their people from being free. In Ethiopia and in Zimbabwe the story continues and the fact of the matter is that we're talking about in this Bill allowing the trustees of these funds to invest in that very bank that will loan that money to keep people in shackles, to keep them under the guise, under the guidance of the communist theory, to keep them from being free, to keep them in the communist block. I think it's terribly inappropriate that here in a nation that everyone throughout the world looks to as an example of freedom, we are saying let's invest our money in a bank that will keep these people from having the very values that those in this chamber cherish. I think it's unfortunate that this language has been included, I would recommend that we send this back for another chance and get this language out of it. The rest of the Bill I have no problem with, except for the exception of the State Police which should have been included in this Bill. It's unfortunate that we're going to be forced to wait until November after the 8 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 elections to come back and help Representative Goforth and the State Troopers get the language changes that they SO much need in their retirement package. Ladies and Gentlemen I would ask for a 'no' vote, so that we can send this back for a minor correction and get page 2 torn away, and the rest of the package looks pretty good."
"Representative Wolf."
"Yes, Mr. Speaker, I'm going to respond to the questions that...a couple of questions that the last Speaker included in that statement."
"He says he didn't ask any questions. You want to wait until your closing remarks? There's a number of people that want to ask questions and talk on this. The timers on five minutes, Representative Capparelli."
"Will Mr. Wolf yield for a question?"
"He indicates he will."
"Representative Wolf I have just one question. Does the settlement agreement reached by the city of Chicago and the four city pension funds provide that the only city's obligation to pay 50 percent of the costs shall terminate on December 31st, 1997, not the hospitalization coverage as referred to in subject sub-section E throughout the Bill?"
"I'm sorry Representative I couldn't hear about half of what you said."
"I'll read it to you once again, does the settlement agreement reached by the city of Chicago and the four city pension funds provide that the city's obligation to pay 50 percent of the costs shall terminate on December 31st, 1997, not the hospitalization coverage as referred to in Section E throughout the Bill?"
"Yes."
"Thank you."
"The Gentleman from DuPage, Representative 9 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day Hoffman." July 2, 1988
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. In response to an earlier criticism raised in regard to the African Development Bank I appreciate the Gentlemans concerns. I think that he is sincere in his opposition to this particular aspect to the Bill and I respect his right to oppose the entire Bill on the basis of this one clause or one Section in the Bill. That is the problem I suppose it's a both a boon and a bane in terms of omnibus legislation. But I would like to make three or four points in regard to that issue. This legislation allows this 18 billion dollar bank to become one of the sources from which the trustees may choose or not choose to participate in. We have already included the International Bank for re-construction and development, the Inter-American Development Bank as well as obligations for the Asian Development Bank. What we're doing here is adding one more choice...investment choice if you will, for each of the systems. They can choose to use it or they can choose not to use it. I have a great deal of confidence in the trustees that the annuance and the statutory appointments of these pension systems. I have confidence that they will make the correct judgement. In 1983 the United States Government became a member of the bank. And last year the United States Government enacted a similar Bill to...or similar clause which allowed investments by the Federal Pension systems if they so chose to do so in the African Development Bank. For those reasons, Mr. Speaker, Ladies and Gentlemen of the House, I rise in support of not only this clause of this particular Bill, but I rise in support of this Bill. I think it is going to effect an awful lot of people in the State of Illinois in a positive way and it is not an unreasonable load to carry in 10 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 one piece of pension legislation and I would ask for 'aye' votes on the First Conference Committee Report on House Bill 253."
"The Gentleman from Cook, Representative O'Connell."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House, I'd like to also refer to the remarks that were made by the Gentleman from the other side of the aisle with his inuendos concerning the African Development Bank. We all have read and some of us were around when an individual named Senator Joseph McCarthy reigned in the United States Senate in the 1950's. The remarks made by the Gentleman on the other side of the aisle were symptomatic of those same tactics that were used by Joseph McCarthy. Thr Throw out communism, let's attach the stigma of communism to an issue which is comprised in House Bill 253 that is designed to help Chicago Policemen, Chicago firemen. Let's kill that Bill by throwing out the name, the label 'communist'. Well let me just read into the record Mr. Speaker, a letter from an individual that we all hold in high esteem from both sides of this aisle. It's a letter to the President of the African Development Bank. Dear Mr. President, on behalf of the United States of America, it gives me great pleasure to accept membership in the African Development Bank in accordance with the Board of Governors, Resolution 0579, 679 and 779. In accepting membership I also wish to inform you of the following: The United States of America has completed all steps necessary in accordance with its laws and is prepared to fulfill all the obligations of the membership under the agreement establishing the bank. To on January 31, 1983 a dually authorized representative of the United States of America signed the agreement establishing the bank and deposited our instruments of 11 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 acceptance with the United Nations. The United States of America hereby subscribes to 1,0491 shares of the paid up capital stock of the African Development Bank. The letter goes on. The important thing for you Gentlemen to note especially the prior Speaker, the previous Speaker, one of the previous Speakers, it was signed Ronald Reagan, President of the United States. Now I as a Member of this General Assembly resent labels with a total intention to scuttle a good Bill. We are trying to help Chicago Policemen and Chicago Firemen. I resent the implications that were made by one of the previous Speakers. I think this letter is testimony as to the validity and the credability of the African Development Bank. I think it's a good Bill, we should look at the merits of the Bill, not inuendos, not labels, liabist labels. I would support the Bill."
"The Gentleman from St. Clair, Representative Flinn."
"Mr. Speaker I move the previous question."
"The Gentleman has moved the previous question. Wolf: All those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair the 'ayes' has it and the previous question has been moved. Representative Wolf to close." "Thank you, Mr. Speaker. I realize that there may be a number of provisions that are not in this Bill to satisfy some of the requests and the desires of some of the Members on the floor of this House. I would like to point out that there has been a special effort to keep this a bare bones piece of legislation in view of the fact that we have been having considerable discussions on the proper and the adequate funding of the five major state funded systems. I'd also like to point out that we're going to have another 12 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 Bill in November which will address some of the very issues that some of you have been asking privately about, together with considering also the State Police question. With regard to the African provision in this Bill, I would just like to supplement some of the remarks made by Representative O'Connell by indicating that the United States in 1968 began giving technical support to the African Development Bank. And in 1983 they became a member, putting in millions of dollars in support of that venture. I would also like to point out that the legislation in this Bill is permissive not mandatory. The investment of the five major state funded systems is still up to the State Board of Investments and to the Investment Counselors that are hired by those pension systems. I think this is a good Bill. I think it's a responsible Bill and I think it merits the support of every person on the floor of this House."
"You heard the Gentlemans Motion, all those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. One minute to explain your vote, Representative Rea."
"Thank you, Mr. Speaker, Members of the House. I would also join with some of the other Legislators that have asked for a 'present' vote, due to the fact that the State Police have not been included in this at this time. I'd like to see it go back, Second Conference Committee Report, include it. And it should be included now, I think there's been plenty of agreement by the various people, and not let just one Legislator hold up the State Police from being included in it. I would ask others to join in voting 'present', so that we can send it back and put the State Police in there and bring it back and vote it out. I don't oppose the rest of what's in the Conference Committee Report, in fact I 13 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 support it, but I think we should take just a little bit more time here, send it back and put the State Police in and vote it out."
"The Lady from Cook, Representative Parcell, one minute to explain your vote."
"Thank you, Mr. Speaker. I think there's another reason for a 'present' vote on this. And that is when the Sponsor was enumerating he mentioned the word...there are some other special interests or special considerations. I wanted to ask him the question of who they were and why they were. And without knowing the who and the why I think maybe a 'present' vote is good on this and then take it back, put the State Police in it and maybe we can ask that question of the who and why the special interests."
"The Gentleman from Kankakee, Representative Novak one minute to explain your vote."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'd like to echo what Representative Rea said about the downstate State Troopers. I have the greatest respect and utmost respect for the Chicago Police Department, Fire Department. But we've got another chance here, I think if we put it back to Conference Committee, think we have some more 'present' votes we need to have some parity for our downstate state police. Thank you."
"The Gentleman from Perry, Representative Goforth."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I don't ask for much in this House. A week ago I came over there and asked the other side of the aisle's support on a Bill, I explained in my own conference what happened. The last time I stopped...when I stopped counting I had over 80 votes. And as you well know, none of you had to vote for me, because that Bill went back to 14 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 Conference Committee and it come out. The same thing happened with this Bill here. I had the commitment from the Speaker of the House, I had the commitment from the Minority Leader of the House, I had the commitment from the Governor to sign this Bill if it got on the floor. The Gentleman that we spoke about before from the Senate, wasn't even on the Conference Committee. He has nothing, he personally told at least five different leading Legislatures, a lot of them from both sides of the aisle that the only problem he had was with the lobbyist of the Illinois State Police, not with the State Police itself. He said if this man would resign he would support this Bill fully. The lobbyist offered to resign to do this. Now people if this Legislature is going to be determined by individual personal things, I've got no problem with anybody whatsoever, if you've got a problem with a department we'll work it out and I'll stand behind all of yous. But I certainly have a problem with an individual Legislature from either side of this House taking out his personal indemnity on each and hurting 3,000 members of the State Police which gets out there and serves you people day in and day out, risk their lives every day. I done it for 26 plus years people. This is not fair, these Conference Committee's is not fair. If we could have the Amendment on a Bill, there's no way in heck if you didn't want to vote for the State Police I've got no problem with that. But, you should have had the right to vote whether or not the State Police was in there. I don't want to kill this Bill, I don't want to hurt the Chicago Police. I've never failed..."
"Bring your remarks to a close."
"I've never failed to vote for a Police Bill, a Teachers Pension Bill, or the Firemans Bill in my life and I don't 15 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 intend to vote against them this time, but on this specific case I've got to vote 'present'."
"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 74 voting 'yes', 4 voting 'no', 36 voting 'present'. And the House does adopt First Conference Committee Report to House Bill 253 and this Bill having received the three fifths Constitutional Majority is hereby declared passed. Senate Bill 1842, Representative Terzich."
"Mr. Speaker, Ladies and Gentlemen of the House, I move that we adopt Conference Committee Report on Senate Bill 1842. The summary that the Senate concurrs in House Amendment 4 and 7 and House recedes from 3 and 6, the language is added that extends the metropolitan sanitary district authority to issue construction bonds from 1991 and 1996. That adds language staggering the terms of office of certain sanitary district trustees which in House Amendment #3 was a technical correction. And I would move for its adoption."
"Heard the Gentlemans Motion, any discussion? Hearing none, all those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Granberg... Have all voted who wish? Mr. Clerk take the record. On this question there are 87 voting 'yes', 21 voting 'no', 5 voting 'present'. And the House does adopt the First Conference Committee Report to Senate Bill 1842. And this Bill having received the three fifths Constitutional Majority is hereby declared passed. House Bill 4220, Representative Kirkland. The Gentleman from Kane, Representative Kirkland."
"Thank you, Mr. Speaker. I move for consideration of 16 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 the Second Conference Committee Report. Second Conference Committee Report please."
"Any discussion? Hearing none, all those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. The Gentleman from DuPage, Representative McCracken."
"As to that portion of the Bill dealing with flood plain legislation, I want to make clear for the record that it is the intent of the Conference Committee Report, the Second Conference Committee Report on which we're voting. That the addition of county power to prescribe by ordinance reasonable rules and regulations for flood plain management be in accordance with the storm water management plan is recommended by the Storm Water Management Planning Committee and adopted by the county board as provided in Public Act 85-905. Municipalities would retain the right to adopt bi-ordinance their own storm water management plan. The municipal plan if it's strict or stricted in the county adopted plan shall continue to remain in full force and effect regarding flood plain or any other storm water management. Thank you."
"Further discussion? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Kirkland."
"Well I think it might be important to clarify that the DuPage Mayors and Managers are...have signed of f on this Bill and that wasn't clear on a concept that was just explained before, it wasn't the case. So, looks like that's understood with a number of votes. Thank you."
"Have al all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk take the record. On this question there are 74 voting 'yes', 37 voting 'no', 3 voting 'present'. And the House does adopt the Second 17 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 Conference Committee Report to House Bill 4220. And this Bill having received the three fifths. Constitutional Majority is hereby declared passed. Representative Hasara: Flowers, 1795, Senate Bill 1795. Out of the record. Representative Hasara." "Thank you, Mr. Speaker. I would like the journal to please reflect that on Senate Bill 1842 I would have liked to have voted 'no'."
"Let the record so indicate, Mr. Clerk."
"Thank you."
"Representative Flowers on Senate Bill 1795. The Lady from Cook, Representative Flowers."
"Mr. Speaker, Ladies and Gentlemen of the House, I move for the adoption of this First Corrected Conference Committee Report on Senate Bill 1795."
"You heard the Lady's Motion, the Lady from Cook, Representative Pullen."
"Mr. Speaker, I simply wonder whether the Sponsor would explain to us what is in the Conference Committee Report?"
"Representative Flowers."
"Mr. Speaker, there's language there to allow the reoccupation of a school owned by the Chicago Board of Education."
"Representative Pullen."
"Well Mr. Speaker, I believe that this report has several aspects to it and the answer was about as brief as the Motion was to begin with and I wonder whether the Lady would please explain to us what is in this report? I'm not standing up to oppose it, I just think the House should know what we're voting on. Thank you."
"Mr. Chairman, is there any particular part Representative Pullen that you're interested in as far as...because there's a couple of people that I would like 18 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 to yield to who could probably explain part of the Bill a little better than I. So is there any particular part of the Bill that you are interested in?"
"Excuse me, Representative Pullen, Representative Brunsvold for what purpose are you seeking recognition?"
"Thank you, Mr. Speaker, a question of the Sponsor if I could. I've got a particular portion of this Bill that I think we ought to discuss very carefully. Will the Lady yield? If Representative Pullen is finished."
"Representative Pullen, Representative Brunsvold hold your remarks. Representative Pullen has the floor."
"Mr. Speaker and the Gentleman, I am asking the Sponsor to explain what is in the Conference Report. She has not done that. I am not asking her specific questions with respect to specific items in it. I am asking her to tell us what is in the report. I think that's a reasonable request and if the Lady needs a minute to get other people around her that can help her with that, that's fine with me. But I think we should know what we're voting on. Thank you."
"Representative Flowers."
"Mr. Speaker I would like to take this Bill out of the record for a minute please."
"Take the Bill out of the record. Representative Flowers."
"Back to the Bill, Mr. Speaker, Senate Bill 1795. The Bill..."
"Hold your remarks, Mr. Clerk Senate Bill 1795. Representative Flowers on Senate Bill 1795."
"Mr. Speaker, Ladies and Gentlemen of the House I move for the adoption of the First Corrected Conference Committee Report on Senate Bill 1795. And..."
"You heard the Lady's Motion, any discussion? 19 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 The Lady from...Representative Flowers."
"Mr. Speaker, the Bill as amended does the following, it permits a unit school district under certain conditions to de-activate its high schools and send its high school pupils to another district on a tuition basis. It also when educational support personnel are dismissed, they must be notified by certification rather than a registered mail. Also the Bill permits to form a unit school district may provide the board members shall be elected from districts rather than at large. It also says that the school building which is owned by the Chicago Board of Education and which has been used by the Chicago Park District can never again be used as a school building. The Chicago Board of Education may enter into a joint agreement with the park district to use any school building which has more than ten rooms. The Chicago Board of Education is authorized to enter into agreement of lessor of property or lessor of property held by a city in trust by the use of a school."
"The Gentleman from...Representative Flowers have you concluded your remarks? Further discussion? The Lady from DuPage, Representative Cowlishaw."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The First Conference Committee Report to Senate Bill 1795 incorporates several items that began as individual Bills, with various Sponsors from both sides of the aisle. It also incorporates a couple of items that are comparatively new and did not begin as seperate Bills, that have to do with specific school...a specific school located in the district, represented by the Speaker of the House. It is my view that all of the items that have been consolidated in this Conference Committee Report including a Bill of which I was the Sponsor, are indeed worth being 20 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 adopted and ought to be supported. There are to be sure a goodly number of individual provisions within this Bill, and consequently unless one had spent a considerable amount of time studying it, it certainly would be understandable even if one were the Sponsor, why one might not immediately be able to present a brief description of what all is contained. I would like to say that I find it really rather accomodation for the House Republican staff that the description that was given by the Sponsor of what is contained in this Bill I have before me, it was read from this piece of paper and it does exactly what the Sponsor ought to have done. It describes briefly succinctly and accurately what is contained in this Bill. It was written by the House Republican staff. I think we ought to vote for this Bill, considering that the House Republican staff can describe it so very capably. Thank you, Mr. Speaker."
"Representative Flinn. Representative Tuerk. The Gentleman moves the previous question. All those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair the 'ayes' have it and the previous question has been moved. Representative Flowers to close."
"Madam Speaker, Ladies...Mr. Speaker, Ladies and Gentlemen of the House, I move for the adoption of Senate Bill 1795."
"You heard the Lady's Motion, all those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. The Gentleman from Fulton, Representative Homer."
"Thank you, Speaker. I'm going to oppose the Bill and suggest that it be sent back for a Second Conference Report and strip out the part of the Bill that is causing the controversy concerning the Homer School District. Homer has a brand new superintendent just hired. What this Bill would do is by legislation, which should have been done on 21 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 the ballot in March, that would have us legislatively de-activate the school for one year, put the status of the teachers who work there in limbo and do what the people of that district should have should be doing by referendum. There's nothing to prevent them under current law from going to a referendum in November to consolidate and in fact they have that issue on the ballot. They could actually consolidate by the second semester of next year, there's nothing in the law to keep them from doing that. It makes no sense to step in with some legislation and try to impose a quick fix. I think it's unwise, it's controversial and it ought to be sent back for a Second Conference Committee Report to strip that portion out. I urge your 'no' vote."
"Representative Hoffman. Representative Hoffman, the Gentleman from DuPage."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. As one of the Representatives on the other side frequently has said in the past, this is a fine Bill. It is a Bill that meets a lot of peoples needs, in a fair, and even handed manner. And I would ask that we endorse this program."
"Representative Curran."
"Thank you, Mr. Speaker. In the event that this seems to get the requisite number of votes, I'm going to ask for verification."
"The Gentleman from Will, Representative Wennlund."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. As Representative Homer stated the provision of this Bill on page 6 which was designed at one school district and one school district only is designed to break up the teachers union. The IEA's opposed to it. And I 22 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 stand opposed to it. Legislation like this should not be designed to kill a union in one school district in the State of Illinois just because of one strike."
"The Lady from Champaign, Representative Satterthwaite, one minute to explain your vote."
"Mr. Speaker and Members of the House, it is true that the first portion of this Bill is designed to apply only to one school district in the state. That one school district was really in very difficult straights last year with a prolonged teachers strike. There is a new superintendent, there is a change over in the board, there is a great effort for reconciliation in an effort to put a viable school program together again. Unfortunately, in the chaos after last years strike, they did not put a referendum on the ballot in a timely fashion. They will have a referendum on the ballot this November, that will permit them to go ahead with the de-activation of their high school program. In the meantime, most of their students will be tuitioning out of the district. They cannot run a viable program for the..."
"Bring your remarks to a close."
"The small number of students who will remain, at stake there are 3 tenured teachers. The school district has agreed to hire back at least one and a half of those 3 teachers. And so the debate here is whether or not 3 full time teachers will have full time employment again, or whether only one will have full time and one will have half time or some variation between one and a half and three. I don't think we should deprive the high school children of this district of a good educational program for the coming year on the basis of that minimal staff problem. They will do their best to rehire all three tenured teachers."
"Have all voted who wish? Have all voted who 23 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 wish? Have all voted who wish? Mr. Clerk take the record. On this question there are 73 voting 'yes', 40 voting 'no', 2 voting 'present'. This Bill having...the House does adopt the First Conference Committee Report, Senate Bill 1795. This Bill having received the three fifths Constitutional Majority is hereby declared passed. House Bill 3810, Representative Curran. Representative Mike Curran. Representative Brunsvold."
"Mr. Speaker I believe there was a Member on this side of the aisle that asked for a verification. If this is the way we're going to proceed, maybe we ought to take our keys and go home."
"House Bill 3810, Representative McAuliffe. Representative McAuliffe."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would move for the Second Conference Committee Report on House Bill 3810 to be adopted. The original Bill amends the Illinois Vehicle Code and makes numerous technical and non-substansive changes regarding the registration and titling of motor vehicles, licensing and registration of motor vehicle dealers, the use of records maintained by the Secretary of State and other changes regarding the use of the motor vehicles. The change in the Second Conference Committee Report would require that any organization wanted to use the name Republican or Democrat in their title they would have to get the approval of the State Central Committee of each individual party."
"You heard the Gentlemans Motion, all those in favor signify by voting 'aye', those opposed...Representative Petka."
"Thank you, Mr. Speaker, will the Sponsor yield?"
"He indicates he will."
"Representative in the body of the Bill, there is some 24 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 language that says that the consent which is given to a corporation may be revoked. Can you please tell this Assembly what are the standards that are going to be used by the State Central Committee in deciding whether or not a corporate charter should be revoked."
"I would defer to Jim Stange."
"Defer to whom, Representative?"
"Representative Stange, it's his Bill."
"Representative Stange. Representative Breslin in the Chair. Representative Stange is recognized."
"Representative Petka can you repeat the question Petka: please?" "Certainly. In the body of the Bill on page 3 it refers to consent that has been given to an organization that uses the words regular Democrat or regular Republican or democrat or democratic it states that that consent to use those names can be revoked. The question I have asked Representative is, what standards are to be used in determining whether or not consent should be revoked?"
"Representative Petka it depends on each political party Petka: Stange: Petka: to determine that." "Excuse me?" "It depends on each political party to determine which way to go on that." "Well when you say it depends on each political party, are you saying that there is going to be...that the political party can choose not to have any standards that it can simply if it chooses to decide to revoke a corporate charter by whim or by caprice?"
"No, it's not by whim or caprice. It's determined by state committee on each of the party's will determine who can use the name Republican."
"I understand, but what is going to be the standard by 25 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 which a group can be using those names?"
"The State Central Committee is made up of numerous committeemen throughout the state that will be meeting to determine which way to go, if they want to use the name Republican or Democrat, yes or no."
"Alright, then perhaps I can ask this question with a hypothetical. Assume a hypothetical Republican Organization has been chartered and pursuant to the terms of this Bill on January 1st, 1989, it goes back and requests a recertification. Representative what I'm asking you is, by what standard is there going to be a judgement as to whether or not this corporate charter will be renewed."
"It depends on what standards the Central Committee adopts. They'll make the standards at that time."
"So that according to the terms of this Bill it doesn't have to have any standards. Is that correct?"
"That's correct."
"One other thing, in the language of the Bill which deals with the State Central Committee, is there any provision whatsoever which would forbid or prohibit a State Central Committee from getting involved or decertifying a so called maverick or independent Republican Organization in a regular political process?"
"We're checking that out right now."
"Okay Jim. I'll be very specific, in March of 1988 there was a challenging group of so called Republicans in the county of Will. They call themselves the Committee for Independent Republicans. They raise money, they receive money, they spent money in excess of a thousand dollars. Under the provisions of this Bill would they be required to obtain consent of the State Central Committee to simply have access to the ballot?" 26 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day
"Access to the ballot?"
"Yes." July 2, 1988
"It has nothing to do with the ballot at all. Just using the name Republican or Democrat."
"Well then...well Representative they'll be using the name Republican in their title."
"Anybody can file on a ballot. Anybody can use the word Republican or Democrat."
"Anyone can use the name Republican or Democrat, my question to you is..."
"Proceed Representative Petka. Representative Petka."
"Thank you, my question to you is if they choose to use the name the time that they decide to form an independent slate of Republicans, can the State Central Committee for what ever reason without the standards or guidelines choose to revoke the charter or choose to tell that organization they cannot use that name."
"That's right they cannot use the name."
"So in essence, if it was a primary which involved the two Republican Organizations an independent organization, the State Central Committee can in affect decide which organization should be supported outside of the county itself. Is that correct?"
"That's correct. Republican and Democrats."
"Well then to the Bill, Madam Speaker."
"Proceed."
"I hope that people were listening to that last response. Because if there's anything that is ever going to stifle decent and to stifle original ideas, to stifle people who may think differently then the established political channels the answer has simply been given. And that is that the State Central Committee which will be somewhat 27 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 removed from political in fighting in a county can stand up and simply say that this organization cannot claim to have a mantle. In my instance it may be Republicans, on the other side of the aisle it may be those dissident or Democrats who have different ideas about the way their party organization should be going. On Monday we're going to celebrate the Declaration of Independence, where a lot of people put their lives and their names on the bottom line and a commitment for freedom. I can think of nothing more distasteful to the founding fathers and those patriots than to have a State Central Committee decide which is the group that should be the anointed ones. Please vote 'no' on this bad..."
"The Gentleman from Madison, Representative Wolf. Representative Wolf."
"Madam Speaker, I move the previous question."
"The Gentleman moves the previous question. The question is, 'Shall the main question be put?' All those in favor say 'aye', opposed 'nay'. In the opinion of the Chair the 'ayes' have it, the main question is put. Representative McAuliffe to close."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I would close by simply saying the State Central Committee is made up of members of the party that are elected in the primary. And I see nothing wrong with letting them determine who should use the name Republican and Democrat in fund raising activities. Someone can come into my ward and start another organization up and call themselves Republicans and represent nobody, go out and dry up the fund raising. So I don't think there's anything wrong with this. I think it's a safe procedure for the Republican and Democratic Central Committee to determine who can use the word Republican. I don't think you can go 28 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 out and raise money in the name of the Catholic Church unless you get approval of the Catholic Church and I don't think you can raise money in the name of the Lutheran Church unless you have the approval of the Lutheran Church or the Methodist Church or whatever Church you're talking about. I think these Central Committeemen can be trusted to make honest judgements on who is really representing the best interest of the party on a local basis. And I would move for the adoption of this Conference Committee Report."
"The question is, 'Shall the House adopt the First...the Second Conference Committee Report on House Bill 3810?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Representative Didrickson one minute to explain your vote."
"Thank you, Madam Speaker. I would just like to correct the Sponsor of this Bill who said that the State Central Committeemen are elected by their party in the primary. That is no longer true, they are chosen by party leaders. For that reason I am concerned about the Republican Womens Organizations of the State of Illinois and any other womens organizations that may choose to use this name. I think this is a bad precedent and based on that regard."
"The Gentleman from Will, Representative Wennlund, one minute to explain your vote."
"Thank you, Madam Speaker. This Bill is totally unconstitutional. And everybody's going to spend a lot of money, spending with lawyers, fighting over this issue. It's totally unconstitutional. If you want to come back here and fool with it again and spend a lot of money you'll vote 'yes', if you don't you'll vote 'no'."
"The Lady from St. Clair, Representative Younge, one minute to explain your vote." 29 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 128th Legislative Day
"Right now as I understand it, the decision is to whether or not a political party or a political organization, can put the name of the party in the title is in the county chairman. There has been no argument or any facts presented to this Body that would suggest that that power at a local level has in any way been infringed or abused. And I think it would not be to the interest of the local partys and the local individuals working for a particular political party to have this matter go to a state level. So therefore I think this is a bad Bill and we ought to vote 'no'."
"The Lady from Cook, Representative Parcells, one minute to explain your vote."
"Thank you, Madam Speaker. Representative Wennlund is exactly right. This would never stand a constitutional test, we're going to waste a lot of money and a lot of time in court. The word Republican and Democrat are in the public domain. They are like Kleenex, Scott Towel, it will never stand a challenge. How many of you knew that the word Aspirin was the first checked...you probably think Bayer Aspirin is a kind, the word Aspirin is now out there in the public domain. There is no way this can withstand a court challenge and we're wasting our time here acting petty and I think we ought to keep this at the county level and not centralize this. And the correct vote is a 'no' vote."
"The Gentleman from Madison, Representative Mc Pike."
"I don't know that the Democratic Party currently has someone in Illinois sending out fund raising letters, calling themselves the United Democratic Party. Currently we the...currently our state party sends out fund raising letters and sends out literature and sends out mailings 30 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 under the Illinois Democratic Party. Someone, Pat Quinn or anyone else I presume could form an organization called the United Democratic Party. And they could send out fund raising letters and all the good Democrats in your district that supports you and all the members of your Democratic organization that supports you would probably think that they were getting a fund raising letter or probably think that they were getting literature from the Democratic Party. But they would not be receiving literature or requests for funds from the Democratic Party, they would be receiving it perhaps from any organization you can think of that decides to call..."
"Bring your remarks to a close."
"That decides to call themselves the United Democratic Party. This would require any rump group to decide to try to divide the Democratic Party to come to the Democratic party and ask permission to use the Democratic Partys name. It's not true that Democrat and Republican are like Kleenex. We do have a Republican Party in this state and we have a Democratic Party in this state and they have been organized and run candidates for election for many, many years now. What we're trying to prevent is someone from trying to break up the Democratic Party and I think a lot of Republicans would like to do the same. It has no affect on local Democratic Party organizations. It has no affect on local Republican organizations. But it would require on a statewide basis, that they come to the chairman of the Democratic Party or the Republican party and get permission from the Party to provide mailings etc. on a statewide basis. I think it's a good idea and I think the Democratic Party should be supporting this."
"The Gentleman from DuPage, Representative Stange, one minute to explain your vote." 31 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day
"I was going July 2, 1988 to ask for a postponed consideration, but I'm not the Sponsor of the Bill. Do you want to have...talk to Representative McAuliffe please?"
"That'll be...that will be noted if that's necessary. The Lady from Kane, Representative Deuchler, one minute to explain your vote."
"Ladies and Gentlemen of the House, I think that many of you have seen this full page ad that appeared in my local paper. It gives a very warped shall we say impression and many of my constituents have said 'I see that your party is taking exception to your position.' This is an unfortunate impression and I think that perhaps this is going to be a symbolic vote. But I do ask for Members to join me in supporting this legislation. It does send a message that is loud and clear. And I think that that message needs to be made. Thank you."
"The Gentleman from Cook, Representative Parke, one minute to explain your vote."
"Thank you, Madam Speaker. My concern with this is that I am afraid we are setting dangerous precedent. Because we don't like what somebody says and we find it distasteful, or we find that it's focusing in a way that most people might feel is not proper. We now want to regulate my legislation to stifle that decent. It bothers me that we have to go about it this way. I do not feel comfortable legislating our distaste or uncomfortableness with any organization. This is absolutely the wrong direction to go and I think we should vote 'no' on this."
"The Gentleman from DeKalb, Representative Countryman, one minute to explain your vote."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. The Majority Leader I think hit the point in the head. This constitutional issue is a red herring. Any 32 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 corporation in this state has property rights and the use of its name. And other people can't go out and raise funds or sell properties in violation of those rights. Now the Illinois Revised Statutes contain many, many instances where the two major political partys, the Republican party and the Democratic party are mentioned. As a matter of fact differential treatment is given if they are a party having more than five percent in the last gubernatorial election. All this Bill says is if you're going to use that name for whatever purpose, right or wrong, you have to obtain authority. This is nothing different than trying to call your hamburger a Big Mac without the permission of McDonalds. And that's all it does. It doesn't take away anybody's right to the ballot and it's constitutional, vote for it."
"The Gentleman from Cook, Representative Cullerton, to explain your vote."
"Well, yes Madam Speaker, first of all I believe that if Mr. Countryman says that it's constitutional, I intend to agree with him. And I think that it...after this distinguished service here in the General Assembly when he goes on the bench, like Judge Greiman, he will be able to rule this constitutional. I think that rather than suggest that this is a limitation on someones right to speak out, it's rather along the lines of a Consumer Protection Bill. I'll tell you why, you know what this is about. This is about people who go out and raise money by deceiving people and by tricking people. That's what the Bills about. Now if that is not...and we pass Bills all the time trying to protect people from the consumer frauds. That is specifically what this Bill is about. So I would urge you to look at it from that point of view. The Bill is not designed to stifle speech but to save people from deceptive 33 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 people."
"The Gentleman from Bureau, Representative Mautino, one minute to explain your vote."
"In explaining my vote, Madam Speaker, I have served as the county chairman of my county for many years. Under the current law and the statute of the whatever that corporate not for profit corporation Act someone wants to establish a party with the name Democratic in, they have to get my authorization. And I know who I'm dealing with in the county of which I live. I know who those individuals are and I have in four cases provided that assistance and that certification. I don't think there's anything wrong with that providing for the county chairman to make the determination on the people who present it to him. That's the right way to do it and I don't particularly care for somebody taking that authority away from me as a county chairman to be honest with you."
"The Gentleman from Cook, Representative Sutker."
"Madam Chairman and Ladies and Gentlemen of the House, let me suggest to you that when we fail to realize what's in our name and we turn against what it represents to people we're making a very real mistake. The Democratic party had a disastrous occurence with the Larushites who used the term Democratic Council, Democratic Association, Independent Democratic Organization in mailings throughout the State of Illinois and throughout this nation. We are responsible political partys. We've earned the right to be authorized as such. We're asking merely that there be disclosure and that's all this provides. I cannot understand why we should not demand responsiveness and responsibility for those who would want to misuse our respective names to distort the labels that we represent, 34 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 to ignore the responsibility that we've earned. Ladies and Gentlemen the Democratic party has already learned how people can misuse its name. I think the Republican party should learn a lesson from what has occurred there. Put more green votes up there, this is not unconstitutional. I concur with Representative Countryman, this is merely an identification of our party and the people out in our constituency should know whom we represent."
"The Gentleman from Cook, Representative Pedersen, one minute to explain your vote."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. In our township we have four Republican Organizations, we have the workshops, the young Republicans, the womens club, and I think that's very common throughout the state. It seems to me that if you...if one of these organizations somehow disturb some people, the State Central Committee or if the party...at that particular time has a Governor who's unhappy with them and who's very close to the State Central Committee that they could just stifle these local organizations that are already inplace, because they disagree with them. And so I rather than have a dictatorial thing from the state level I think that de-centralization is certainly something that all of us approve of and..."
"Bring your remarks to a close Sir."
"...So lets really...let's allow people to speak out. Let's have local control and let's defeat this Bill."
"The Lady from Lake, Representative Stern, one minute to explain your vote."
"Madam Speaker, and Members of the House, I think to forbid the use of words like Democratic and Republican can come back to haunt us. I think it can be used against the Womens Democratic Club, against the Hispanic Republican 35 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 128th Legislative Day Organization, etc. etc. I think it behoves the regular party to make itself so ubiquitous and well known that nobody will have any doubts about which are the real and which are the non-real. I think that we did learn an ugly lesson with the Larushies on my side, and I think the United Republican Fund has given the Republicans something of the same feeling. But I think we of the regular partys are going to have to fight it in a different way. I urge your 'no' vote on this question."
"The Gentleman from McLean, Representative Ropp, one minute to explain your vote."
"Thank you, Madam Speaker. I support this Bil1 and this Conference Committee Report, because it seems that we have a group of people who are attempting to drive wedges within our two party system. We're not saying that we only need two partys, but what we're saying by this process is that if you want to establish your own party, you will in fact have to come under seperate kind of guidelines no different than ours. But please, please don't attempt through deception to split the partys that we have had in existence for a long time. I think we are in support of openness, and fairness, truth and integrity. That's what this Bill is attempting to do and I totally support it and urge more of you to vote green."
"The Gentleman from DuPage, Representative Hoffman, one minute to explain your vote."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. You know, sometimes some people get to the point where they're so open minded that their brains fall out. And that's where we are right now. No organization, no organization would allow this to happen, who had their good sense about them. Because what it does it destroys the meaning of that organization. There have been numerous 36 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 examples made in regard to that fact. As one Gentleman said, you can't call yourself a Big Mac unless McDonalds gives you the right to do it. And in my judgement this Bill makes a lot of sense, we want to do what is right and fair and give the partys their control. Their control of the use of their name, that's all. The United Republican Fund can become the United fund, but they just can't use our name. And that makes a lot of sense. Even, even the League of Women Voters don't let their...let anyone else use their titles. I mean if the League of Women Voters in regard to my earlier remarks don't allow it, it doesn't make any sense for moderate and conservative and responsible people that are in this chamber to do otherwise. I ask for an 'aye' vote on this legislation."
"This Bill has an immediate effective date, it requires 71 votes. The Gentleman from Winnebago, Representative Giorgi, one minute to explain your vote."
"Madam Speaker, I think that some of the Members of the General Assembly ought to know that this Bill also carries some very important information that the Secretary of States Office has worked on for a year, in clearing up the Vehicle Code. There are a lot of things in this Bill that have to do with titles, and they have to do with sheriff sales. There are many items that the Secretary of States Office has laborously worked on for the past year in trying to get enacted in to law and I think that that is as important as this is. And we know that this privelege has been abused and we should correct it. I think that the...both major partys ought to have a copyrighted name and I think other spinner groups ought to get their permission to promulgate their information. But the most important thing I think besides that is that every thing the Secretary of States Office has worked for the past year 37 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 is also on this Bill and has waited a long time to get it into the statutes. And I think there ought to be more green lights up there."
"Have all voted who wish? Representative Cullerton for what reason do you seek recognition?"
"I have a question of the procedural question in the Conference Committee. I wondered if the Sponsor would tell me whether or not the original underlying Bill concerning the Secretary of States Office is still in the Conference Committee or whether it was taken out inadvertently."
"Representative McAuliffe."
"Conference Committee, still there."
"Thats...repeat your answer Representative McAuliffe."
"It is still in the Conference Committee."
"Thank you. Representative Cullerton."
"Well that answer I don't know if it was, you say it was still in. The Bill as you originally amended it dealt with a number of issues concerning vehicle titles, is that correct Representative McAuliffe? And that is the...and vehicle dealers and this was worked out with the Secretary of States Office? Is that the...what the original Bill was?"
"Representative...excuse me Gentlemen, Representative Harris."
"I just wondered if this new language was added if it..."
"Excuse me, Representative Harris or what reason do you seek recognition?"
"Madam Speaker are we in a Roll Call or are we asking questions, clarification of the Chair please."
"We are in a Roll Call, but Representative Cullerton has raised a parliamentary inquiry regarding the 38 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 drafting of the Conference Committee Report."
"And is that parliamentary inquiry being handled by Representative McAuliffe or by the parliamentarian?"
"Representative McAuliffe was asked a question with regard to the Conference Committee Report. We hoped that that would clear it up but apparently it has not. But the parliamentarian will certainly look over the Conference Committee Report. Is anyone else...Representative Cullerton for what reason do you seek recognition?"
"I respect Representative McAuliffes ability to read the Conference Committee Report, but I would respectively ask the parliamentarian if he could review the Conference Committee Report to see whether or not the original Bill is still included. I have a question."
"Very good. Representative McCracken one minute to explain your vote. Representative Preston is recognized. Representative Preston changes his vote from 'no' to 'aye'. Representative DeJaegher for what reason do you seek recognition?"
"Madam Chairman I think that I seek clarification. I do not have the Conference Committee Report, but the concern that I have is what will this do as far as the local county chairman? What type of powers will be taken from the local county chairman of the Democratic partys of which I am a member of? What impact will that have on his decisions? Can someone that basically was involved in the Conference Report state that and make that a clarification please?"
"...Representative DeJaegher, there is no one seeking recognition to explain his vote as an answer to your question, however, I would ask the staff people if they can answer the Gentleman's question to try to help him. Representative Curran, one minute to explain your 39 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 128th Legislative Day Curran: vote." "Thank you, Madam Speaker. I think that some of the recalcitrants on the part of the red votes, is due to what some of us consider a pretty fast gavel on the last Conference Committee Report. Frankly, however looking at this Conference Committee Report, I think there is probably a better time today on another Bill today to vent our spleen on the quick gavel last..the last Conference Committee Report. And so what I'd rather do now, is I'd rather get even later and vote 'yes' now."
"Representative Curran, changes his vote from 'no' to 'aye'. The Gentleman from Will, Representative Petka, you've already spoken in debate Sir. For what reason do you seek recognition?"
"Just to inform the Chair that I would seek verification."
"Very good. The Gentleman from Cook, Representative Preston. One minute to explain your vote." "Thank you, Madam Speaker. I just wanted to indicate that should this Bill fail to pass, I'd like to invite all the people present here to my next fund raiser given by the thirteenth ward regular Democratic Organization." Preston:
"Have all voted who wish? DeJaegher."
"Vote from 'no' to 'yes'."
Representative Speaker Breslin: "Change Representative DeJaegher from 'no' to 'aye'. The Board is still open, we haven't taken the record so. Have all voted who wish? The Gentleman from Logan, Representative Olson, one minute to explain your vote."
"I'd like to relate a personal experience. It's not that exciting. I spent many years working in the Republican Party. There are many other, I was not that young necessarily, but there are many young people out there 40 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 coming to work on the behalf of both parties on this either side of the aisle here. I did not realize what a particular organization that carries my parties name really stood for until the first time I ran for an election and I got one of their questionnaires and I attempted to answer the questions. The philosophy that would have taken to answer those questions in a positive manner was completely different from the party philosophy I grew up in. I think this may or may not stand a test of the courts, but I think that if we want to encourage young people in both parties to understand the philosophy of those parties and work in those..."
"Bring your remarks to a close Sir."
"..if we want the young people in each party to work towards the philosophies of our parties, I think it may be worth the test of the courts. I urge an 'aye' vote on this Bill....Conference Report, excuse me."
"Representative Cullerton."
"I just wondered what the status of my request, my parliamentary inquiry was?"
"We don't have the whole file before us, we will have to get it in order to answer your question."
"I'll be happy to wait."
"Representative Leverenz, for what reason do you seek recognition?"
"I was again very confused, but someone just explained it to me. So I wish to be recorded as voting 'aye' and waiting for the other small landslide to follow so that we can get on with the business of the House. They said something about a snowball in July doesn't have a lot of chance but I think this does."
"Representative Leverenz, the board is still open, you can press your own switch." 41 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day
"Well how about that."
"Thank you. July 2, 1988 Representative Doederlein, for what reason do you seek recognition?"
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I too have worked a long time in party politics and I don't think we need to do this at all. I think we need to have the individual people at home make up their decisions and not have a dictatorship. This is my first speech on the House and I would ask you for a 'no' vote, because I believe that the small people back home would see this as a dictatorship. Thank you."
"The Gentleman from Kane, Representative Kirkland."
"Ladies and Gentlemen, I think this is a judgment call, I think the Bill would be Constitutional and I think my judgement would be to change my vote to 'aye'."
"On this question, there are 71 voting 'aye', 37 voting 'no', 5 voting 'present'. Representative Petka has asked for a verification of the Roll Call. Poll the affirmative Mr. Clerk."
"Poll of the Affirmative. Ackerman. Barnes. Bowman. Breslin. Bugielski. Capparelli. Christensen. Churchill. Countryman. Cullerton. Curran. Currie. Daley. Daniels. DeJaegher...."
"Excuse me, Representative Petka, Representative Lang asks leave to be verified. Does he have leave? Representative Panayotovich, also requests leave. Leave is granted. Proceed Mr. Clerk."
"DeLeo. Deuchler. Ewing. Farley. Flinn. Virginia Frederick. Giglio. Giorgi. Goforth. Hallock. Hartke. Hasara. Hensel. Hoffman. Homer. Hultgren. Johnson. Jones. Keane. Kirkland. Kulas. Lang. Laurino. Leverenz. Matijevich. Mays. McAuliffe. McCracken. 42 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 McGann. McPike. Novak. O'Connell. Myron Olson. Robert Olson. Panayotovich. William Peterson. Piel. Preston. Rice. Richmond. Ropp. Ryder. Satterthwaite. Slater. Stange. Steczo. Stephens. Sutker. Tate. Terzich. Tuerk. Wait. Weaver. White. Wolf and Mr. Speaker."
"Representative Petka for what, do you have any questions of the affirmative?"
"Thank you Madam Speaker. Representative Laurino?"
"Representative Petka."
"Thank you, Madam Speaker. Representative Laurino?"
"Representative Laurino, Bill Laurino. Bill Laurino. Is the Gentleman in the chamber? How is the Gentleman recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll Call."
"Representative Capparelli?"
"Representative Capparelli is in his Chair."
"Representative DeLeo?"
"Representative DeLeo, Jim DeLeo. Jim DeLeo, is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll Call. Excuse me, Representative Shaw, for what reason do you seek recognition? Change the Gentleman from 'no' to 'aye'.
"Representative Petka." "Representative Van Duyne?"
"Representative Van Duyne, Leroy Van Duyne. How Petka: is the Gentleman..the Gentleman is voting 'no'." "Representative Christensen?"
"Representative Christensen, Ray Christensen. How is the Gentleman recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll Call." 43 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day
"Representative Homer?"
"Would you repeat that name please?"
"Representative Homer?" July 2, 1988
"Representative Homer, Tom Homer. How is the Gentleman recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll Call."
"Representative Richmond?"
"Representative Richmond is in his Chair."
"Representative McGann?"
"Representative McGann, he's in his Chair."
"Representative Farley?"
"Representative Farley is in the chamber. Representative Homer is in the chamber. Return him to the Roll Call voting 'aye'."
"Representative Ryder?"
"Representative Ryder, Tom Ryder's in the chamber."
"Representative Piel?"
"Representative Piel is in the chamber. Representative Flowers, for what reason do you seek recognition?"
"Would you please change my vote from 'no' to 'aye'."
"Change the Lady from 'no' to 'aye'."
"That's all I have ma'am, thank you."
"You have no further questions? Representative Cullerton, for what reason do you seek recognition?"
"I just wondered if I ever got my inquiry?"
"Your inquiry, yes. You did not get your question answered. The answer to your question is that the original Bill is still contained in the Conference Committee Report."
"Okay, thank you." 44 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988
"Representative Levin."
"How am I recorded?"
"Your voting 'present'."
"Change me to 'aye'."
"Change Representative Levin from 'no' to 'aye'. Representative LeFlore."
"Madam Speaker, how am I recorded?"
"Your voting 'present'."
"Will you change it to 'aye'?"
"Change the Gentleman to 'aye'. On this question there are 72 voting 'aye', 36 voting 'no', 3 voting 'present'. The House does adopt the Second Conference Committee Report on House Bill 3810. And this Bill having received the three fifths majority, is hereby declared passed. On Supplemental #2 appears House Bill 3085, Representative Cullerton."
"Thank you, Madam Speaker and Ladies and Gentlemen of the House. This Bill..this Conference Committee Report which I am moving to adopt is very similar to the original Bill and the Senate Amendments that were adopted. The Bill provided that the terms for the certain Members of the Chicago Park District which were mandated by State law would be eliminated so that they would be..they would serve at the pleasure of the Board of the Park District. Additionally, rather than allow for the Commissioners to be ..pay the salary, we rejected that concept and allowed them to be reimbursed for their expenses. We also allow for the Chicago Park District to self insure and we clarify that they can in any way we talked about earlier the ..bringing them under the Investments and Public Funds Act, just like the State, also provides for the Personnel Code for the Chicago Park District similar to the State of Illinois and there is additional language which retains the same...the 45 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day current five member Board but adds an members to the Board. July 2, 1988 additional two There's also in the Conference Committee Report a language that would require the Park District Commissioners to prepare a report of the financial statements of the districts operations and supply that to the City Council. I would be happy to answer any questions and ask for your support."
"The Gentleman moves the adoption of the Second Conference Committee Report on House Bill 3085, on that question is there any discussion? Hearing none, the question is, 'Shall the House adopt?' Representative McCracken, on the question."
"Just SO everyone knows whether we are talking about reform or not, in the First Conference Committee on this Bill after some of the Amendments have not been either concurred or non-concurred as the Sponsor had requested. In the First Conference Committee Report, which we're not acting on, there is contained in there language requiring audits to be done of the Counties..or the Park District Budget for any particular fiscal year. Now, in the name of reform this Bill has gotten this far. But in the first corrected Conference Committee Report, that audit language is deleted entirely. In the Second Conference Committee Report, the one we are voting upon now, there is a much less stringent standard for accounting for funds used by the Park District. A very large unit of local Government. So, let's not call it reform, no one is being kidded about this, at least you haven't sought to dismiss the entire board and repack it in your own image. But don't be kidded, this is not reform, this is merely a change in who runs the show."
"The Gentleman from Bureau, Representative Mautino. He indicates he is not seeking recognition. 46 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 Representative Cullerton is recognized to close."
"Yes, I think that the Gentleman does deserve a explanation. I'm seeking the language of the Conference Committee Report that he was seeking. But Representative, the request that was contained in the previous Conference Committee Report came from the Chicago City Council, and we drafted..all we had was a general request from them and they had indicated that it had been worked out with the agreement of the City and the Park District. It turned out that that language was not agreed to, because it was felt that it was overbroad, it was felt that it could provide for meddling in the operations of the Park District when all the City Council really wanted was to have a report of the financial statements of the districts operations and their assets and liabilities. I think it's, the language is very similar to other reports that are to be provided to the City Council by the, I think the CTA and...yes, I've been told that the Chicago Transit Authority has to make similar reports and submit it to the City Council. So it was just a misunderstanding between what the agreement was with the City and the Park District and we drafted a language in which was taken from boiler language that was taken from another Section. So, in explanation, I just thought I would make that complete. Now, when I talk about reform, I'm talking about of course, the other Sections of the Bill and I think that it's clear that this Bill has had the support of the editorial of the papers in Chicago, has the full support of the Park District and I would appreciate your support after that explanation clarifies it."
"The question is, 'Shall the House adopt the Second Conference Committee Report on House Bill 3085?' All those in favor vote 'aye', all those opposed vote 'no'. 47 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day Voting is open. who wish? July 2, 1988 Have all voted who wish? Have all voted The Clerk will take the record. On this question there are 91 voting 'aye', 21 voting 'no', none voting 'present'. The House does adopt the Second Conference Committee Report on House Bill 3085, and this Bill having received the three fifths majority is hereby declared passed. On Supplemental #3 under Conference Committee Reports appears House Bill 1859, Representative McPike."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. This is the Sales Tax Reform Bill that we've discussed numerous times. I think everyone understands what's in the underlying Bill in regards to Sales Use Tax Reform. What has been added to it is photoprocessing on a State Wide Basis. And the money that comes in from that tax, together with the money that comes in for the new use tax will be used to fund waste water treatment, and the remaining money will be distributed to all the units of local government throughout the State. The amount of money for waste water provided will be three hundred and seventy eight million,...three hundred and some million for the two hundred and twenty six cities that are in non-compliance, they will receive their full seventy percent grants and the remainder, seventy million dollars will be used to provide matching money in order to capture three hundred and fifty million dollars from the Federal Government. I'd be glad to answer any questions on the Bill. I move for the adoption of the Conference Committee Report."
"The Gentleman moves the adoption of the Second Conference Committee Report on House Bill 1859. On the question, the Gentleman from Cook, Representative Turner."
"Thank you, Madam Speaker and Ladies and Gentlemen of the Assembly. Will the Gentleman yield for a question?" 48 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day
"He will."
"I got a document before me. It's about three hundred and thirty eight pages in it and I haven't been able to go through it thoroughly, I'd just like to find out regarding the photoprocessing money, am I right, that that's going to be used for waste water treatment, is that correct?"
"Technically, that is not correct. The Use Tax Money will be collected and of that money, the first bite of that money goes to Chicago, I believe its roughly thirteen million dollars. The second bite goes to a RTA approximately seven million dollars. The remainder of the money would be used to fund waste water. The remainder of the money will be used to fund waste water to pay for the debt service on the bonds. The photoprocessing, that money was originally promised to all the units of local Government throughout the state. That money will now be used for waste water, and in order to replace that, the photo-processing tax would be used as a supplement to provide some money to units of Local Government. The units of Local Government outside the City of Chicago will not get as much as originally promised. I would estimate that it may be ninety percent of what they would received under the Bill. The only one that will be held harmless would be Chicago."
"A more specific question, does any of the photo processing money go to the City of Chicago, that particular tax?"
"Of the six and a quarter percent, the one and a quarter percent would go to Chicago."
"One and a quarter percent of the photo processing money would go to the City of Chicago?"
"That is the local share, and that local share will go to Chicago." 49 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day
"Thank you."
"Let me make sure that I don't that completely. you July 2, 1988 ...that understand There is a six and a quarter percent state wide tax. Currently there is a let's say a five percent State Tax and a one percent Local Tax. When we add photo processing to the sales tax to the tax base, it will be in the tax base for every unit of local Government including Chicago, SO that when Chicago imposes whatever tax rate they apply, photo processing would be in their tax base and they would receive the money from that tax base in their home rule portion." Turner:
"Thank you." "The Gentleman from Livingston, Representative Ewing." Ewing: are a "Madam Speaker, Ladies and Gentlemen of the House. There number of people in this House including Representative Keane, Representative McPike, Members of the Senate and they have for a long time, studied this problem. I think this is the best Bill we're going to get at this time in reforming our Sales Tax System. We have SO many different rates in this state. We have a lot of differences between units of Local Government as to what we're taxing. The goal of this Legislation is to standardize the base and reduce the number of rates that we require businesses to collect for us across this state. I think this Bill makes very good sense. I think it's a good start towards reforming our Sales Tax System, not perfect, but a good start and I certainly would encourage a 'yes' vote on the Bill for that reason. In addition, we have the waste water treatment provisions that are in this Bill and those are badly needed all over the State of Illinois particularly downstate and I think they make it even a better Bill. And again, I would encourage the people of 50 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 this General Assembly to support this bipartisan effort to improve our tax system and to address the waste water problem in this state."
"The Gentleman from Cook, Representative Terzich."
"Representative McPike, on the photo finishing addition to this Bill, what's the estimated revenue on the photo finishing?"
"Representative McPike."
"Fifteen million the first year."
"The estimated additional revenue is fifteen million?"
"That's correct."
"And they don't anticipate approximately what percentage of that would come from the Chicago area do they?"
"I don't know."
"In their estimate, all I'm basically interested in knowing is whether or not Chicago is getting its share of the additional revenue on this since they probably would produce the most revenue on the photo finishing tax. So your estimating that there basically is about fifteen million dollars?"
"Fifteen million statewide."
"And you don't know what the distribution would be as far as the additional tax other than the thirteen million dollar that would go towards the waste water which I assume that the City of Chicago has already financed our waste water treatments."
"Representative Terzich, I can't hear you. Madam Speaker, if you could get a little attention, I can't hear the question."
"Well, it's my understanding that the City of Chicago has, you know used their tax dollars and so forth for the waste water treatment is basically in compliance. But the 51 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 additional development of you know, approximately fifteen million dollars, I'm simply concerned whether or not that the city is getting their fare share in the additional tax revenue that would be developed under this Sales Tax Reform."
"I tried to address that to Representative Turner. The city will receive thirteen million on the revenues estimated off the top. The RTA and I presume the City gets the line share of the RTA money for the CTA, that is seven million. The waste water treatment is a state wide program. The Metropolitan Sanitary District is included in the two hundred and twenty six non-compliance cities in the State and the Metropolitan Sanitary District will participate in the Waste Water Treatment Grants. If your question is, is the city getting their fare share?"
"Yes."
"I think so."
"Well I respect your opinion."
"The Gentleman from DuPage, Representative Daniels."
"Madam Speaker and Ladies and Gentlemen of the House, first let me start out by congratulating those people who worked SO hard on this legislation dealing with the issue of sales tax reform which does generate added needed funds for local units of government, an essential part of this Bill adding uniformity to sales tax rate throughout the State of Illinois. But more importantly, to those 226 Illinois communities throughout Illinois, providing 300 million dollars to meet their waste water problems that started settling penalties on July 1st of this year. Ladies and Gentlemen of the House, there are many things that we have debated in this Legislature. There are many issues that have divided us on occasion. This is one of 52 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 the Bills that I think this Legislature can take pride in in enacting and passing on behalf of the people of Illinois. Representative McPike deserves a great deal of credit as does Representative Keane, Representative Ewing and Churchill and others who have worked so hard on this Bill. Let me ask you to consider the important negotiations that have taken place the net results. On behalf of the people of Illinois, I seek your favorable support."
"The Gentleman from Cook, Representative Piel."
"Thank you, Madam Speaker, will the Gentleman yield for a couple of questions?"
"He will."
"Representative McPike, obviously this is quite a long and detailed document, but I noticed on page 167, we're talking about food consumed off premises and we're striking a zero percent on that food consumed off the premises and we're putting in one percent. Can you explain that? It's also referred to later on in the Bill. If you look on page 167, about three fourths of the way down, it says such tax shall be imposed at a rate of one percent where it was zero before."
"If your question refers to rather or not food is consumed on or off premises, the decision was made that if you provide seating and food is consumed on premises, then you would not be subject to the state wide base. You would be considered a restaurant like any other restaurant subject to Home Rule Unit taxes if or if not imposed. Food not consumed on premises would be taxed at the state wide base, which it currently is one percent. We removed the state portion some years ago, but the local portion has been kept on at one percent. We would prohibit units of Government from imposing new taxes on food consumed off 53 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 premises in the future and we would give those eleven or twelve cities that currently do that, three years to remove that tax from food not consumed on premises along with prescription drugs."
"Okay, one other point, I notice on a couple spots here, page 165 refers to it and I think again on page ...the ones I happen to run across. 165 was one spot, I can't find the other spot in here, but it was dealing with oil rig and oil production equipment. It refers to several times in the Bill. Can you tell me exactly what this has to do with oil exploration in Illinois as far as changing the tax structure at all as far as the oil production or the oil drilling machinery?"
"Oil rigs are out of the state base."
"Thank you, no further questions, Madam Speaker."
"The Gentleman from Cook, Representative Keane."
"Thank you, Madam Speaker, I would just urge all of my colleagues to vote for this Bill. It has the backing of almost everyone who was involved, the full backing of almost everyone involved. Those who were in the negotiations ended up giving up a little bit, but that's the process of negotiations and I would urge everyone to vote 'aye'."
"The Lady from Lake, Representative Frederick."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Some of us in this room remember when the 1970 Constitution was passed. One of the reasons it was hailed as a success was that it cleared the way for a genuine bonafide sales tax. Here we are, twenty years later, we have yet to accomplish the job. But today, I think we will do that. We will have now a uniform tax base, standardized rate and the state will collect and distribute the monies they are from. I think this is finally restoring some 54 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 sanity to an area where there has been a lot of confusion and I urge an 'aye' vote."
"The Gentleman from Rock Island, Representative Brunsvold. Mr. Brunsvold."
"Thank you, Madam Speaker, will the Gentleman yield?"
"He will."
"Representative McPike, how would this affect counties McPike: with a quarter percent sales tax now?"
"That's in the base now." "It's in the base now."
"I believe there are .. I'm going to guess ninety five out of a hundred and one counties imposed that tax, and SO we simply included that in the base."
"So their not affected really at all?"
"No they're not affected."
"And how do the Home Rule Communities like, Rock Island, Moline, how would they...they are going to be alright under this, they're not going to lose any money?"
"Well, no they won't lose any money, they are going to gain money. They are going to get waste water treatment and they're going to gain in the distribution of used tax money that's left over. The only restriction that we impose on them is that in the future, if you want to raise your Home Rule Taxes, you have to do it in quarter percent increments. So if you're at a half percent you have to go to three quarter or one or whatever. You have to go on a quarter percent increments and you have to impose it on a state wide base. The same base that everybody else imposes it on. That's the only restriction."
"After the waste water program is over, is this money then going to be distributed to the communities?"
"That will be 2008. Now, I will just say that this speaks to the first twenty years of the program, and for my 55 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 part, I would just as soon leave it to the Legislature that comes in in 2009 to decide."
"Well, I will ask you that question in 2009. Thank you, Mr. Speaker.. Madam Speaker."
"The Gentleman from DuPage, Representative McCracken."
"Thank you, Madam Speaker, for purposes of legislative debate, I have some questions of the Sponsor?"
"He will yield to a question..to questions, with regard to legislative intent. Representative."
"Representative Keane would address those answers."
"Representative Keane will answer."
"Thank you, Representative, would this Amendment affect the ability of local Governments to impose taxes that are expressly authorized by other state statutes?"
"No, the preemption provisions would prohibit a Home Rule Unit from imposing pursuant to its Home Rule Powers, the gross receipts tax on the sale of use of tangible personal property other than as expressly permitted in the Amendment. This is necessary in order to preserve the uniformity of the sales tax base. Taxes which are not imposed pursuant to express authority...express statutory authority would not be affected."
"I'm a little unclear on your last sentence. Taxes.."
"Taxes which are imposed pursuant to the express statutory authority would not be affected."
"Okay, thank you. It's my understanding that the preemption provisions apply only to taxes which are calculated as a percentage of gross receipts from the sale or use of tangible personal property. Would a gross receipts tax on real estate transfers be preempted?"
"Real Estate is not a tangible..is not tangible personal property, so such a tax would not be preempted." 56 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988
"How about a gross receipts tax on leased property?"
"The taxes which would be preempted must relate to the sale or use of tangible personal property as those terms are used in the various sales tax statutes. So a gross receipts tax on leased property would not be preempted."
"Would a gross receipts tax on hotels and motels be preempted?"
"Since that tax would not involve a sale or use of tangible personal property a tax on hotels and motels would not be preempted."
"So the term 'use' is only to be given the limited interpretation of the use tax statutes?"
"That's correct. It refers to the use of tangible personal property incident to a sale or other transfer of ownership."
"I believe you said earlier that the Amendment would continue the existing law regarding the taxation of alcoholic beverages?"
"Yes, that is an exemption to the general rule that gross receipts taxes on tangible personal property would be preempted. A Home Rule Unit would be free to impose a gross receipts tax or any other Constitutional form of tax on alcoholic beverages."
"Would there be any restrictions on a Home Rule Units Authority to impose a tax based on unit measurement such as certain existing taxes on cigarettes, motor fuel and jet fuel?"
"No, only gross receipts taxes are preempted. For example, Home Rule Units would remain free to impose taxes on a package of cigarettes or on each cigarette. Home Rule Units would also remain free to impose gallonage taxes on motor fuel and jet fuel."
"Would a Home Rule Unit be able to impose..." 57 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988
"Excuse me, Excuse me Representative McCracken. Ladies and Gentlemen while this is being done for legislative intent, it might be very useful for you to listen to it SO that you will not have to ask your questions. There are many many people seeking recognition. If you would listen to this answer and question, it may answer many of your questions. Proceed Representative McCracken."
"Thank you. Would a Home Rule Unit be able to impose a gross receipts tax on grocery store food, drugs and medical appliances?"
"Until September 1st, 1991, Home Rule Units would remain free to impose gross receipts tax on food which is to be consumed off the premises where it is sold, other than alcoholic beverages, soft drinks and food prepared for immediate consumption. Also prescription and non-prescription drugs and certain other medical items. On and after September 1st, 1991, these taxes would be preempted."
"What about restaurant taxes?"
"The Amendment would not preempt restaurant taxes which are defined as taxes on food prepared for immediate consumption and on alcoholic beverages sold by a business which provides for on profit..I'm sorry, on premise consumption of said food or alcoholic beverages. This would be a continuation of existing law and is another exception to the General Rule that gross receipt taxes on the sale of tangible personal property are preempted."
"Alright, in your last answer, where you referred to a business which provides for on premises consumption, premises is the word we're seeking to use at that point, is that right?"
"That's correct." 58 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 128th Legislative Day
"Does this..new question, does this mean that after September 1, 1991, the Home Rule Unit would be prohibited from imposing a gross receipts tax on prepared foods sold by a grocery store?"
"Yes, provided that the grocery store does not provide any seating, tables or the like, anticipating that the purchaser may eat or drink the prepared food on the premises of the grocery store."
"Suppose the restaurant has both seating and a drive up window. Could a Home Rule Unit impose a gross receipts tax on the sale of the food at the drive up window?"
"Yes, all of the sales of food could be taxed, if the establishment provides both in restaurant and carry out services."
"How would Home Rule Units be able ...how would this Bill alter Home Rule Units ability to tax motor vehicles?"
"With one exception, Home Rule Units would be prohibited from imposing a gross receipts tax on tangible personal property which is titled, or registered with the state such as motor vehicles, boats and air craft. Home Rule Units would be allowed to impose a use tax on these items, which would apply when the purchaser lives in the Home Rule Unit, but the Home Rule Unit would have to collect the tax itself. Let me give you an example, if Springfield imposed this Use Tax, it would only apply to Springfield residents. Springfield could require auto dealers in Springfield to collect the tax whenever they sold a car to a Springfield resident, but it would be up to Springfield to collect the tax from Springfield residents who bought their cars outside of Springfield."
"The Gentleman from St. Clair, Representative...excuse me, Representative Keane."
"Next page." 59 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 128th Legislative Day
"Representative McCracken."
"I was lost in thought. I was digesting the last answer. How would this Amendment effect Home Rule Amusement Taxes?"
"So long as an Amusement Tax is not a tax on tangible personal property that is measured by gross receipts selling price or purchase price, it would not be preempted."
"Some concern has been expressed regarding the effect on outstanding bond issues and other agreements pursuant to which units of local Government have pledged or assigned their local sales tax revenues. Has this concern been addressed?"
"Yes, the Amendment would address that concern. The Amendment provides that these agreements are to be construed SO that references to the local taxes shall be deemed to include the replacement revenue to be distributed to units of local government by the Department of Revenue."
"I believe there is a Bill pending in Congress that relates to interstate catalog sales, would your Amendment be affected by this?"
"It is possible that if both this Bill and the federal legislation regarding catalog sales do pass, Illinois might receive a greater share of the Federal Tax Revenue because of its uniform state..because its uniform state rate would be six and a quarter rather than five percent. We'll have to wait and see what the legislat... Federal Legislation actually says and what it looks like when it becomes law."
"Okay, the preceeding questions have been for the purpose of establishing official legislative intent regarding this Bill?"
"Yes, many of the people who were in negotiations and agreed with this Bill were interested in having this read 60 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 into the record so that if there is ever a question, the legislative intent will come into play."
"Okay, thank you very much."
"Gentlemen there has been a request that a copy of this dialogue be delivered to Members. So if Representative Keane you would accommodate Members to give them that information at a later time, it would be appreciated. Representative Flinn is recognized."
"Madam Speaker, under that circumstance, I move the previous question."
"Okay, there is still several people seeking recognition, the Gentleman has moved the previous question. Remember that you will be recognized for an explanation of vote if that Motion carries. The question is, 'Shall the main question be put?' All those in favor say 'aye', all those opposed say 'no'. I'll ask once more..one more time. All those in favor say 'aye', all those opposed say 'no'. In the opinion of the Chair the 'ayes' have it and the main question is put. Representative McPike to close."
"Thank you, Madam Speaker. Also included in this, is the Governor's Annual request for his GO Bond Authorization, which increases the Bond Authorization by seven hundred and ninety one million, seven hundred and eighty nine thousand, three hundred dollars. For various purposes, higher education, correction, conservation, Mental Health, Water Resources, Super Conducting Super Collider and the refunding provision of the GO Bond Authorization Act. I would move for the adoption of the Conference Committee Report."
"The question is, 'Shall the Second Conference Committee Report on House Bill 1859 be adopted?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Representative Hicks, one minute to explain your 61 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day vote. Representative Hicks." July 2, 1988
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I simply had a question concerning one of my local cities. You know I have a local city who is on a restricted status for a number of years who was trying to take care of their own waste water problems. They finally, because of the deadline, took care of it on their own. They spent twelve million dollars in order to take care of their plan to get off a restrictive status. I had questions concerning what about those folks who went ahead and took care of their own responsibilities, how are they going to be benefit or will they benefit. Right now we're faced with sewer bills that are going to run in excess of fifty dollars a month. So we have a concern about that. I wanted to insure that there wasn't some way that those local municipalities that have taken care of their problems on their own, mine for example went up to a private company set up the first private one in the state. I just wanted to find out how they would be taken care of or could they possibly be taken care of in the future. Thank you."
"Perhaps the Sponsor could answer that when he explains his vote later. The Lady from Cook, Representative Wojcik, one minute to explain your vote."
"Yes, Madam Speaker and Members of the House. I would like to explain my vote and I would like to compliment everybody who has been involved with the process of this Bill. There has been so many many hours put into it, that I commend everybody for their diligence, for their kindness and their thoughtfulness. My area has been extremely treated well. I know some people aren't going to like the fact that we've got the photo finishing product in here, but it's a compromised Bill and I'm willing to support it and I'm happy to support it." 62 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988
"The Gentleman from Kankakee, one minute..Representative Novak, one minute to explain your vote."
"Thank you, Madam Speaker, Members of the House of Representatives. I rise in support of this Bill also. All the hard work and hours that's taken by the Sponsors and all the various business groups. In addition, I have four communities in my district that have been on the restricted list with the EPA and they are in dire need of funds and I believe this photo finishing process, although its some type of service tax, it's going to help those communities so everybody please support this Bill and let's get it on to the Governors office."
"The Gentleman from Lake...the Gentleman from McLean, Representative Ropp."
"Thank you, Madam Speaker, I would like a question answered from the Sponsor and his explanation in that those communities that may not currently have need for waste water funds, will they be getting any funds or does this money only go to those municipalities that are in need of money..."
"Proceed Representative Ropp."
"It didn't seem like a whole minute."
"No it wasn't."
"Are those cities only getting the money that need it in order to comply with the Federal Regulations? I'd like that answered. I think this is a good Bill too, because of the waste water programs that are needed and this is the way to fund it and certainly the people that have put all this effort certainly deserve a lot of credit."
"The Lady from Lake, Representative Stern, one minute."
"Madam Speaker and Members of the House. I am going to 63 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 vote 'present' as a sort of expressed concern about the way we are nibbling away at Home Rule Powers. I am in support generally of what the Bill does however, and if my vote had made a big difference I would have voted green, but thank you."
"Representative Black, one minute to explain Black: your vote." "Thank you very much, Madam Speaker. I too have a question of the Sponsor that he might address on Page 104, line 23, and I commend him for the work that they've done on this Bill and I have voted 'yes'. But it would appear that we are changing the method by which we tax gasohol, and that is a concern to many of us downstate and if the Gentleman could perhaps ease our concerns with the language we see on Page 104 in respect to gasohol, it, while not going to change my vote, I think we might hear some things back home, if in deed we have increased the tax on that product that a lot of farmers are looking forward to expanding some markets in the next decade."
"The Gentleman from Cook, Representative Turner."
"Thank you, Madam Speaker and Ladies and Gentlemen of the Assembly. I can appreciate the need for waste water treatment in this state and I think that the tiff by the Sponsor of this Bill and those who worked on it is a very good one."
"Representative Turner, I understand that you spoke in debate on this Bill, is that correct? Your not allowed to explain your vote Sir? Sorry. The Gentleman...the Lady from Sangamon, Representative Hasara."
"Thank you, Madam Speaker. As with most votes, tough votes in this House we have to compromise. I'm very concerned about a Caterpillar dealer in Springfield that 64 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 will probably lose about a hundred thousand dollars a year because of this Bill, and also Springfield being a Home Rule Community. However, on the other side of that question there are so many towns that need the waste water money and the simplification of the sales tax certainly justifies my 'yes' vote."
"The Lady from Cook, Representative Davis, one minute to explain your vote."
"Thank you, Madam Speaker. Taste of Chicago is going on without all of us. I feel that affordable housing being taken out of this Bill and this Bill preempting Home Rule, sets a terrible precedent for passing any sales tax legislation. I think when we realize that affordable housing is an issue across the State of Illinois, not just for Chicago, we'll consider giving that item greater consideration. Chicago as a Home Rule City will be very unfairly treated if this Bill passes. I think once, when we in this Body have some pangs of consciousness about what we pass and don't pass, it's going to rain in Illinois."
"The Gentleman from Will, Representative Regan, one minute to explain your vote."
"Thank you, Madam Speaker, Members of the House. My 'present' vote indicates that I am totally opposed to the State usurping the powers of the local communities, and I'm also concerned about what the State will do in the future to these local communities. The restrictions it puts on what they can do and what they can't do and additional taxes it can be put on and not given back to the local communities, gives me much concern. However, as this year has gone, there is two communities in my district that need this waste water management funds and that's the explanation for the 'present' vote. Thank you."
"Have all voted who wish? The Clerk will take 65 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 the record. On this question there are 97 voting 'aye', 5 voting 'no', 12 voting 'present'. The House does adopt the Second Conference Committee Report on House Bill 1859, and this Bill having received the three fifths majority is hereby declared passed. Under Supplemental #1, under Conference Committee Reports, appears Senate Bill 1581, Representative Novak."
"Thank you, Madam Speaker, Members of the General Assembly. I move that the House of Representatives concur with the corrected Conference Committee Report #2 for the benefit of the Members of the General Assembly, I'd like to reiterate the substance of this Conference Committee. Senate Bill 1581, creates the Kankakee River Valley Airport Authority. Senate Bill number, House Amendment #1, I should say requires the State Board of Education to authorize twenty five million dollars in bonds for the purposes of insulating public buildings, homes, residential areas for soundproofing around O'Hare Airport. House Amendment #2 defines Kankakee River Valley, meaning as Kankakee County. House Amendment #3 includes schools, hospitals, dwellings and the area affected by Midway Airport. House Amendment #4 redrafts portions of the Bill dealing with the Kankakee River Valley Airport Authority and removes the bonding authorization. There was an Amendment added on to the Conference Committee from Representative Cowlishaw about airport hazards and it was changed..it was corrected to include the phrase privately owned restricted landing. We discussed this earlier this week and it passed overwhelmingly in the House. The private airports in Representative Cowlishaw's Amendment are concerned with two small private airports in Southern DuPage County and one in Kane County. I move for the adoption and I appreciate your support." 66 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 128th Legislative Day
"The Gentleman has moved the adoption of the Second Conference Committee Report on Senate Bill 1581. On the question, the Gentleman from DuPage, Representative McCracken."
"Thank you, Madam Speaker, I rise in support of the Bill but I'd just like to make it clear that the language privately owned as found in the Second Conference Committee Report actually is redundant. The term for purposes of this Act restricted landing area already is...already means as a matter of law, a privately owned runway. Megs Field thought that this, what is redundant language should be put in there just to make sure there is no problem in the future, but I want it to be clear that in fact it is redundant language, it does not express a change in our intent from one Conference Committee to the next."
"The question is, 'Shall the House adopt the Second Conference Committee Report on Senate Bill 1581? All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. This is final passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there 108 voting 'aye', 4 voting 'no', none voting 'present'. The House does adopt the Second Conference Committee Report on Senate Bill 1581. And this Bill having received the three fifths majority is hereby declared passed. On the same Supplemental #1 appears House Bill 3470, Representative Giglio. In Supplemental #4 appears Conference Committee Reports the first Bill is House Bill 3470, Representative Giglio. This is the one on Supplemental #4 Ladies and Gentlemen with regard to the second corrected Conference Committee Report. Representative Giglio."
"Madam Speaker, Ladies and Gentlemen of the House. The corrected Conference Committee Report that takes off the 67 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 Senate Amendment and brings the Bill back to its original position the way it was with just the sunset provision which expires September 1st of this year. We're asking ...we're asking in this corrected report that the Senate recede from Senate Amendment #1 which included the increase in the bets, the bonds for the county sixty thousand or less and also for the...on the increase locations. So with the corrected Conference Committee Report, Madam Chairman, Members of the House, it just says that the Bill...the Charitable Games Act shall be repealed September 1st, 1988."
"The Gentleman moves for the adoption of the Second Conference Committee Report on House Bill 3470. On the question, the Gentleman from Warren, Representative Hultgren."
"Will the Sponsor yield?"
"He will."
"I heard what you said and there seems to be some confusion down here. Do I understand correctly that the Second Corrected Conference Committee Report deletes any changes in the betting limits, is that correct?"
"It takes...it takes everything that was put on by the Senate, and that..what the Senate did was put on the increase of the bets. They increased the place where Las Vegas nights could take place from four times to eight times and they also ask for the counties that are sixty thousand or less to have the Department of Revenue waive the bond requirement."
"So the only thing this does now is simply deletes the sunset and permits the casino nights to continue is that correct?"
"That's correct."
"That's all the Bill does?" 68 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988
"Continue the way it is in the existing law right now."
"Thank you very much."
"The Gentleman from Cook, Representative McGann. Mr. McGann."
"Thank you, Madam Speaker, would the Sponsor yield?"
"He will."
"Representative Giglio, in the Second Conference Committee Report, haven't we increased the charitable games from four to eight in municipalities less than sixty thousand?"
"I believe Representative McGann, it's the wrong Conference Committee Report that you have in your hand."
"I have Second Conference Committee, what are you on?"
"We want the corrected..the corrected Second Conference Committee Report."
"You've taken that out of it?"
"Yes."
"So we have no increase in games?"
"No increase in games and no increase in bets that we know provision for the Department of Revenue to waive the Bond requirement. It's clean, it just repeals the sunset provision September 1st."
"Thank you."
"The Gentleman from Cook, Representative Panayotovich."
"Thank you, Mr. Speaker, will the Sponsor yield?"
"He will."
"Representative Giglio, are you telling us then if we do not act on this legislation right now, come September, PTA's, American Legions, VFW's, churches, all non for profit organizations who depend on this money to have charitable doings and donate money and help their organizations, wouldn't that be able to function to have 69 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 Las Vegas nights or casino nights or bingo's anymore?"
"That's correct. This Bill, now as it stands just repeals the Charitable Games Act and if this things fails and it fails to get to the Governor's desk, come September lst, all organizations that are licensed to conduct Las Vegas nights will cease to exist September 1st of this year."
"Thank you. To the Bill. I think it's clear that if you go back to your district and tell the PTA's, the FOP's, the American Legions, the VFW's, the various church groups that you will not let them have Las Vegas Nights or their Casino nights to help their organizations, you're making a big mistake and I encourage an 'aye' vote."
"The Lady from Cook, Representative Wojcik.
"Yes, Madam Speaker and Members of the House. I would like to explain to the Members that we did try very very hard to reach a compromise on this Conference Committee. It seems that we are at a loss with regard to raising the bets. It's a full five percent increase bringing it up to ten dollars a bet and as to the discrepancy, when we originally had our conferences and our meetings on the Las Vegas night, we had agreed to keeping the Legislation status quo. And now with the understanding that there is an interest in raising the bet up to ten dollars. We can not agree to this. Therefore, what we're asking you to do is vote for this Bill now, asking for the sunset to be removed and then we will come back again later on and negotiate to see what compromise we can reach regarding casino nights. Thank you."
"The Gentleman from Winnebago, Representative Mulcahey."
"Parliamentary inquiry, Madam Speaker."
"State your inquiry." 70 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988
"The Senate passed the Second Conference Committee Report that did have those goodies in there as was originally. What is the status of that Conference Committee Report if this one should be adopted or if this one should fail?"
"As to this action, we have to pass this corrected Conference Committee Report for any action to proceed on it over in the Senate. The Gentleman from St. Clair, Representative Flinn."
"Madam Speaker, I move the previous question."
"Representative Flinn moves the previous question. The question is, 'Shall the main question be put?' All those in favor say 'aye', all those opposed 'no'. In the opinion of the Chair the 'ayes' have it, the main question is put. Representative Giglio to close."
"Thank you, Madam Speaker. I believe the Lady from Cook, Representative Wojcik explained it very adequately we tried two different times to compromise with the Members of the Senate, the Members of the Senate have their own idea, their Bill came over, it was defeated, this Bill went over there. They tried with their Amendment so we gave it a fair hearing twice and now if everybody wants to continue having Las Vegas nights, they'd have to vote for this Bill because that's the only thing in the system right now, so I would ask for your favorable support."
"The question is, 'Shall the House adopt the Second Conference... Corrected Conference Committee Report on House Bill 3470?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Representative Shaw one minute to explain your vote. The Gentleman indicates he does not wish to express his...explain his vote. Have all voted who wish? This is final passage. Seventy one votes are required. Have all voted who wish? 71 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 The Clerk will take the record. On this question there are 103 voting 'aye', 8 voting 'no', 3 voting 'present'. Representative Jones... Representative Jones votes 'aye'. Representative okay. There are 104 voting 'aye', 8 voting 'no'. Representative Preston votes 'no'. There are 104 voting 'aye', 9 voting 'no', 3 voting 'present'. And the House does adopt the Second Conference Committee Report on House Bill 3470, and this Bill having received the three fifths majority vote is hereby declared passed. On the same order of call, appears House Bill 3946, Representative Hoffman. Excuse me, Representative Matijevich, for what reason do you seek recognition?"
"Parliamentary inquiry in ruling. I know what the ruling will be, but only as a matter of form I would like to make a parliamentary inquiry as to whether this Conference Committee Report meets the Constitutional single subject matter, you can rule quickly because I know what your ruling will be, and I'd like also to be asked to speak in debate, so you know that I do want to speak in debate."
"Fine."
"But you can make a quick ruling, I just want that to be in the matter of the record."
"Sure, the ruling of the Chair is that this Conference Committee Report does not violate the Constitutional Requirements for single subject matter containment. Representative Hoffman. Representative."
"Thank you, Madam Speaker. I'd like to take this out of the record. I'm waiting for a corrected report."
"I see. Out of the record. On Supplemental Calendar #1, under the order of Speaker's Table appears Senate Joint Resolution #144. Representative Breslin, Kulas, Novak, Wennlund and Panayotovich. Representative Wennlund will present the Resolution." 72 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Senate Joint Resolution #144 creates a committee consisting of twelve Members, three to be appointed by each Leader of each Caucus. And what the committee is designed to do, it's to study the citing regulation and monitoring of sanitary landfill operations and report its findings back to the General Assembly by March 31, of 1989. The committee will cease to exist after March 31, of 1989. We face a situation as everyone knows in this House with less than four years of capacity left in landfills in the State of Illinois to solve the situation before the garbage does not leave the curb. It's a very important assignment, it's a very important committee, we have to act now, there is no time left. The Solid Waste Management Act which passed out of here yesterday or the day before will certainly help but the situation needs a solution and it needs one bad before we end up like New Jersey and New York and some of the other States that are in dire need. It's an important function and it's an important study, we hope that this will help us resolve some of the problems in citing landfills and loosen up some of the regulations and satisfy all of the various interest groups involved and I ask for the adoption of the Resolution."
"The Gentleman has moved the adoption of Senate Joint Resolution #144, and on that question, the Gentleman from Cook, Representative Leverenz."
"Would the Sponsor yield?"
"He will."
"Who will investigate this curb side garbage issue?"
"Well, the committee, the purpose of the committee is to study the citing and the regulation and monitoring of sanitary landfill operations. With respect to curb site pick-up, my point was that some time in the near future, if 73 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 something is not done to either with respect to the citing which has been a problem under the current #172 citing criteria, we will be out of landfill space and the garbage won't leave the curb. The idea and the purpose of the committee is to make sure that the garbage always does leave the curb, it's a question of where it goes and where it's filled."
"You time and time again say committee, what committee?"
"The committee that will be appointed pursuant to the provisions of this Resolution, consisting of twelve Members, three appointed by the President, Minority Leader of the Senate, three appointed by the Speaker and the Minority Leader of the House. The President and the Speaker will each designate co-Chair persons."
"Does the Governor get any appointments?"
"No sir, he does not."
"Why not?"
"We feel that Members of the General Assembly and the four leaders of the Caucuses in the General Assembly can adequately handle the appointment situation."
"And over what period of time will they study this issue to death and what is the date in which they are to report?"
"They are to report by March 31, 1989 which is not that far away."
"Is that adequate time to do an adequate job."
"Yes it is. The Members of the committee, I'm certain that the Speaker of the House and the Minority Leader in the House and the Speaker and the President and Minority Leader in the Senate will appoint Members who are concerned about the issue and who are willing to commit the time and the effort to make this study and to work with 74 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 environmental groups and with the industry itself to come up with a recommendation of a report that will yield some legislation that will help resolve the existing problem."
"Earlier this month, not earlier this month, a few weeks ago or within a week we wanted to study the Hinsdale Fire, that went down the tube and someone said, criticized that. How much money would this cost us to study this to death?"
"I believe it will cost very few dollars at all. There are people in both..."
"Now that you say it's going to cost dollars, are those dollars appropriated in the budget?"
"I don't know the answer to the question."
"Now I've captured you. There isn't any money appropriated for this is there?"
"No."
"Then how can we do something we haven't put the money in the budget to do."
"It's...it'll consist of volunteers Mr. Leverenz, all volunteers."
"A colleague.."
"I'll be the first to volunteer my time."
"A colleague of ours sitting west of you, would that person be appointed to this? Would Representative Stange be appointed to this?"
"Well that would be up to the Minority Leader, Mr. Leverenz and one further point is because it's a Legislative Committee..."
"Guaranteed its a 'no'."
"Because its a legislation...well Mr. Stange has other interests. Because it's a Legislative Committee, staff will do the work and it will not cost any additional dollars or any dollars at all in new money." 75 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day
"Madam Speaker, to the Resolution. indicates it's going to July 2, 1988 The Gentleman cost money. I don't know that there is any money to do something like this. Surely there isn't in the budget. And I don't think that the Gentleman's report would be done timely and it appears that this is a Resolution similar to that which we saw die here on the floor a few days ago, and therefore I would ask for a Roll Call so that we can vote 'present' on what seems to be a Resolution that maybe we should pass but we will pass no Resolution before its time."
"The Gentleman from Cook, Representative Kulas." "Well thank you, Madam Speaker, Ladies and Gentlemen of the House. I think that we're making light of a serious situation. I know that the previous Speaker makes enough garbage in the back row here to fill one whole landfill. Because he's always eating, he's always throwing the garbage around and I really don't want to make light of this situation but this is a serious problem. I tried to address this problem last Session in a similar Resolution which was defeated. It was a more...it encompassed a larger committee which included business, which included environmental groups and SO on. That Resolution was defeated. But this is a problem which we can't hide from. Landfills are filling up. We're addressing the problem through recycling, that will solve part of the problem, composting will solve part of the problem. We have a problem with incinerators, we have a problem with landfills because they're being filled up. The incinerators are dirtying up the air. We've got to put that garbage some place. I think this Resolution will at least take the first step into taking a serious look at this problem because unfortunately this legislature sticks its head in the sand every time we mention garbage because nobody wants 76 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 the garbage in their back yard. But this is something which we must face and I would ask everyone to support this Resolution."
"The Gentleman from Cook, Representative Panayotovich."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I think first of all everybody should realize that this is a bipartisan effort. The Sponsors on this Resolution are Representative Breslin, Novak, Wennlund, Panayotovich and Kulas. Representative Breslin has already nodded her head that she would serve on this panel for nothing. I will serve on this panel for nothing. This is a follow up. If you remember last year we passed Senate Joint Resolution #60, which Representative Shaw and I served on to turn around to make sure that we studied the hazardous waste in the Lake Calumet area. Garbage in this State is becoming a problem. We need to study what can be done in the future. We need to put this Resolution out SO we can put this committee together, come back within a year and find out what we can do as a state, not just Chicago, not just East St. Louis where we have a lot of landfills. The Resolution that we passed out Senate Joint Resolution #60 for the task force, did not cost any money other than the paperwork and the time of the Members which we were willing to give. I think everybody should realize all we want is to go out there and study what we're going to do with our garbage in the future. I urge 'aye' votes."
"The Gentleman from McHenry, Representative Klemm."
"Well thank you, Madam Speaker. I have some real genuine concerns and a nervousness about this. You know many of us who were here when we passed Senate Bill #172 on the citing provision, we worked a long time SO that locals, 77 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 particularly downstate in the suburban area would have something to say about the location and the hours and everything else on the landfill. We also have problems and I know other areas wish to bring their garbage to our landfills and I have no problem if it's controlled properly. And I also think each one of us know how we end up with special interest legislation that can be passed the eleventh hour. So when I see a committee that's going to be set up, that's going to study about how to regulate landfills in Illinois and possibly even take them over themselves so that we can distribute where our garbage will go without local control without local input, I get pretty nervous about it. So I certainly can understand we need some studies, but I am also nervous about what they will come up and recommend, take away local controls, everybody will push their garbage to somebody else who doesn't want it and I know they don't. And a State Committee such as this on the eleventh hour of a Legislative Session can certainly end up doing a lot of havoc for the lot of us who work so hard to give local people something to say about it. So though I don't oppose the concept, I want us to be cautious of what they will come up to recommend and push down our throats."
"The Gentleman from Sangamon, Representative Curran, Representative Curran."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I rise in support of Representative Wennlund's Resolution. And I do because the problem we have here in Sangamon County and in Central Illinois exactly reflects the need that Representative Wennlund's Resolution addresses. I think Representative Wennlund is correct when he says that there is no need for an appropriation because many of us here would gladly serve on such a Task Force and 78 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 I think it's important for us to realize that what he is saying is exactly right. This problem is not going away, it's going to creep up on us. In some cases it's already creeped up on us. In Springfield, we've only got a couple of years left on the landfill, which if we had done this kind of a study years ago would have probably never been cited in that location in the first place and those people in the neighborhood would have never been offended like they have been offended year after year. I salute Representative Wennlund for what he's doing and suggest a favorable vote on this Resolution."
"The Gentleman from Cook, Representative Kubik."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I rise in support of this Resolution and as the previous Speaker indicated this is a bipartisan Resolution. I don't think that there is anyone in this House who has spent more time and effort on the issue of solid waste than Representative Breslin and Representative Kulas and Representative Wennlund and Panayotovich. These people are concerned about this problem, and like the barge that was wandering around trying to find a place to dump a few months ago, the State of Illinois is wandering on this issue. We need a plan, we need a program and Ladies and Gentlemen it's very close to a crisis stage. We've got to come up with a program and a plan. I think we ought to very, very seriously consider passing this Resolution. Let's get it going. Let's get the program and plant together and I urge your support of Senate Joint Resolution #144."
"Representative Novak is recognized to close on the Resolution."
"Thank you, Madam Speaker, Members of the General Assembly. Ladies and Gentlemen we're faced with a very 79 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 This Resolution simply serious situation in this State. provides for both Members..both Houses of the Legislature to appoint Members and to come up with a plan to deal with our serious garbage problem. This situation should have been handled ten years ago. And now we're at the eleventh hour and we need to have some comprehensive plan. If your concerned about the environment, if your concerned about the landfills and everybody has them in their own districts. Please support this Resolution. It's going to help us in the next few years to give us some guidance, to give us some standards that we can live by and that our local communities can live by. Thank you."
"The question is, 'Shall Senate Joint Resolution #144 be adopted?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Sixty votes are required for the adoption of this Resolution. Representative Currie, one minute to explain your vote."
"Thank you, Madam Speaker this is clearly a serious problem, we ought to resolve it. I think creating a select committee for this purpose is a responsible thing for this Legislature to do and I think this will be a wonderful Roll Call to keep when we discuss issues like this in the future."
"Have all voted who wish? Have all voted who wish? The Clerk will take the record. On the question there are 102 voting 'aye', 2 voting 'no' and 6 voting 'present'. Senate Joint Resolution #144 is adopted. Is Representative Daley in the chamber? Mr. Daley. Ladies and Gentlemen on Page 4 of your Calendar under the Order of Speaker's Table appears House Resolution #1358. Representative Daley is the Sponsor. Mr. Daley is recognized."
"Thank you, Madam Speaker and Members of the House. I 80 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 believe there is an Amendment...I believe there is an Amendment to this Resolution."
"Mr. Clerk, is there an Amendment? Excuse me, before we go to this Order of Business, I would like to take it out of the record for one moment. It has just come to the Chair's attention that with regard to the last Joint Resolution, Senate Joint Resolution #144 that was adopted. There was a procedural requirement that the Rules Committee be discharged and that the Bill be placed on the Order of the Speaker's Table for immediate consideration. In order to meet that requirement, I would now ask leave, that the Rules Committee be discharged with regard to Senate Joint Resolution #144 and that the Bill be before the Body for immediate consideration, there is an objection to doing it by a voice vote so we will have a Roll Call vote on that Motion. All those in favor of the Motion vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? The Clerk will take the record. On the question there are 106 voting 'aye', 2 voting 'no', 2 voting 'present' and the Motion was adopted. Representative Mautino for what reason do you seek recognition?"
"I just wanted to ask, we we're discharging the Rules Committee, was that the Motion?"
"That's correct. Because the Resolution created a committee, the Rules Committee sits as a substantive committee and it must act on the Resolution before it can be passed for consideration."
"I thought you could only bypass the Rules Committee if it was in the Committee on Assignment before it got to the Rules. Can we bypass the Rules Committee?"
"You can bypass the Rules Committee. The Rules require a seventy one vote Majority and this has received the seventy one vote majority." 81 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day
July 2, 1988 "Alright, basically your saying you can bypass the Rules Committee.."
"With regard to Resolutions of this kind that does not apply to Bills, it applies to Resolutions. And now to the Order of Speakers Table on page 4 appears House Resolution 1358, are there any Amendments filed on this Resolution Mr. Clerk?"
"Floor Amendment #1 offered by Representative Daley."
"Representative Daley on Amendment #1."
"Thank you, Madam Speaker. Amendment #1 is a technical Amendment which clarifies the Resolution for the purpose of the intent."
"The Gentleman has moved for the adoption of Floor Amendment #1 to House Resolution #1358, is there any objection? Hearing none, all those in favor say 'aye', all those opposed say 'nay'. In the opinion of the Chair the 'ayes' have it and Amendment #1 is adopted. Are there any further Amendments?"
"No further Amendments."
"Representative Daley."
"Thank you, Madam Speaker. House Resolution 1358 directs the Department of Public Health to assess the potential for competitive bidding of food products purchased by the programs participants in this program. As a means to reduce existing programs cost and thereby use any potential cost savings to serve additional low income pregnant women. I ask for a favorable vote."
"The Gentleman has moved for the adoption of House Resolution 1358. On the question is there any discussion? Hearing none the question is, 'Shall House Resolution #1358 be adopted? All those in favor say 'aye', all those opposed 'no'. In the opinion of the Chair," the 82 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 'ayes' have it and the Resolution is adopted. Representative Stern, for what reason do you seek recognition?"
"Madam Speaker and Members of the House, but mostly Madam Speaker, I really want to vote on Chicago School Reform. I care about it, but I feel like a prisoner of war. My eyelids are scaley and my blouse has been worn three days in a row and people are beginning to make a circle around me. I need to go home, Madam Speaker. Let my people go."
"Representative Stern, do you want to go home without Chicago School Reform? Representative Stern."
"Madam Speaker, I'm eating twice my weight in pizza and popcorn every day. You have got to let us go or we will not be able to get out of the door."
"The Gentleman from Cook, Representative Preston."
"Thank you, Madam Speaker. I've been forced to sit here next to someone who hasn't changed her blouse in four days and I want to go home."
"Representative Dunn."
"And I haven't worn the same blouse on two consecutive days ever in here. I just want you to know that."
"Representative Turner, for what reason do you seek recognition?"
"Madam Speaker, I've changed...I've turned my underwear inside out for the last time and if we're not going home, please let to go me go to the laundromat because I can't turn them... I have nothing left to turn anymore."
"The Lady from DuPage, Cowlishaw."
"Madam Speaker..."
Representative Speaker Breslin: "We're on the subject of laundry, by the way."
"Madam Speaker, I...I would like to remind people of 83 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 what happened here when we were in Session until about the 7th or 8th of July one year. And if you think the laundry problems are bad on the 2nd of July, I'd like to remind you of a...an incident that was reported to me by Representative McCracken at the time. That...this was about the 7th of July as I remember and he didn't seem to be walking quite as briskly as usual when he came in that morning and I said, 'Tom, what seems to be the problem?' And he said, 'Well, I'll tell you. When I get up in the morning and go to put on my socks, they are stiff. Now, I have somehow always associated socks that are stiff with being here beyond the 30th of June and, please, Madam Speaker, will you let us go home and wash our socks?"
"The Lady from Sangamon, Representative Hasara."
"Thank you, Madam Speaker. I move that anyone who has worn underwear or other clothing for more than two days deposit it in a sealed plastic bag and you may come and use my washer and dryer at my home."
"A good offer. The Gentleman from Logan, Representative Olson." Olson, R.: "To Representative Turner about the...the used underwear. I remember my early childhood and my older brother instructing me about used underwear. He said it makes it much simpler. The yellow goes in the front and the brown goes in the back."
"The Lady from Cook, Representative Wojcik. Representative Wojcik. Representative Wojcik."
"I don't think I can top that."
"I hope you don't try."
"I'm not going to. I don't think I want to, but I have to tell you things are pretty bad back home. I've just called up my house and my husband just watered my artificial plants." 84 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day Speaker Breslin: rise?" July 2, 1988 "Representative Olson, for what reason do you
"Point of personal privilege, Madam Speaker. You merely addressed the previous Speaker prior to Wojcik as Representative Olson. Well, for the record, because Representative Hallock is looking around nineteen hundred and one for his grandfather, I want it to be known for the record that it was Robert Olson who made that generous remark relative to underwear, not Myron Olson."
"Representative Peterson is recognized at Representative Ryder's desk."
"Thank you, Madam Speaker. I think it's time to move the previous question."
"Representative Hartke from Effingham."
"Well this reminds me just a little bit when I was in Vietnam. We had a long time waiting for our laundry to come back and the first sergeant came up and says, 'Men, I've got good news for you today. There is a change of underwear. The bad news is, Sergeant Hartke, you change with so and so, and it went on and so we did get a change so if..."
"Representative Preston."
"Thank you, Madam Speaker. Would you please get the real little dictator out here so we can find out if we're going to be voting on school reform?"
"I've called him. I've called him. The Gentleman from DeKalb, Representative Countryman."
"Madam Speaker, it's been awful quiet around here. These Cardinal fans have been awful quiet lately. And you know, some of us have noticed that the Cubs are moving up in the standings, the Cardinals are going down and some of us want to know what happened to. June Swoon and, you know, get the...get the subject better on something important 85 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 like what's happening to the Cardinal fans and where's Representative Flinn and the June Swoon and all those great St. Louis people and Representative Stephens, you know, and Representative Ropp and all those people who want to stand up and tell what a great job the Cardinals are doing. We want to hear from them now."
"Representative Flinn."
"Well, I...guess the Gentleman was off the floor when I announced a week or so ago to Representative Cullerton that I'm a Cub fan and a Bud man."
"The Gentleman from Madison, Representative Stephens."
"Well, just in defense of history, this does bring back memories for a lot of us. It reminds me of 1969 when the Cubs were a very competitive team and also reminds me of my favorite bet when the Cubs were in the play offs and I as a true Cardinal fan bet that the Cubs would lose three in a row and after they won the first game and then the second, the...the other bettor came in to my store and began to collect and I said, 'Now wait a minute. It's not over.' And Representative Countryman was kind enough to bring that...that back. And maybe history will repeat itself once more in 1988."
"Representative Mulcahey."
"Well, Madam Speaker, I do, indeed, know it's time for me to go home because Minnie Pearl is playing in town tonight. I saw her downstairs a while ago and I winked at her."
"Representative Piel is recognized."
"I just thought I would let you know, Madam Speaker, you know, everybody wants to go home, but we can't really wrap things up until they wrap things up with the older men across the way. We can't really do anything until they're 86 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 finished over there and they just went in 14 minutes ago for the first time today. Since we've been working four hours, they finally went in so...in their slow, normal manner, it'll probably be about 10:00 or 11:00 o'clock before they get to the first or second Roll Call. So we probably should stay another night, right?"
"Well I have put in a call and they said they would get back to me as soon as they had something definite. We do have one Order of Business left to do. We're waiting for Representative Hoffman's corrected Conference Committee Report. So we'll just be at ease for a short time until that's out."
"Turn me off. Turn me off."
"So we'll be at ease until Representative Hoffman's Committee Report is distributed. Representative Leverenz. We're waiting for Representative Leverenz. Yes, let's tell Representative Leverenz it's now. Does anybody know where he is? On Supplemental 5, under the Order of Concurrence appears House Bill 3543, Representative Leverenz."
"Now?"
"Now."
"Now. And what we want to do is concur with Senate Amendments 1 and Senate Amendments 2. This is the Department of Commerce and Community Affairs and the education component is in Amendment #1 and Senate Amendment #2 is $10,000 for the Department of Corrections, CDB Work Camp. The total in the two Amendments, $4,044,305,600.00. I move for concurrence in the Amendments."
"The Gentleman moves to concur in Senate Amendments 1 and 2 to House Bill 3543 and on that question, the Gentleman from Macon, Representative Dunn."
"I just got the analysis of the Conference Committee Report 87 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day here and..." July 2, 1988
"Excuse me, Representative Dunn. Representative Tate, for what reason do you seek recognition?"
"Thank you, Madam Speaker. Would the Gentleman give us the courtesy of taking this out of the record?"
"Representative Leverenz."
"Could Mr. Tate just walk back here for a few seconds as we discuss this, then?"
"Okay. Representative Tate, would you discuss it with Representative Leverenz? And proceed, Representative Dunn."
"Well, I..."
"Representative Tuerk. Representative Tuerk."
"Well, Madam Speaker, with leave of the House, we need some time for a Republican Conference at this point."
"Ladies and Gentlemen, the Republicans have asked for a Conference that will be conducted immediately in room 118 for one hour and the Democrats will go to conference in room 114 for one hour SO Members should be...plan to be back on the floor by a quarter till four. Okay? 3:45. The House is in recess until the hour of 3:45."
"Supplemental Calendar #6 is being distributed."
"Almost time. The Gentleman from Franklin, Representative Rea. For what reason do you seek recognition?"
"Thank you, Madam Speaker. I think since we have a few minutes to wait that we should have a special number by Representative Phelps. We've not heard him all Session. Why not, let's get him...get him up here?"
"Where is the Gentleman? Are you in the mood? Think about it. Representative Rea."
"I can answer for him. He's always in the mood." 88 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day
July 2, 1988 "Okay. Meanwhile, Representative Turner, could you lead us in a song? You name it."
"(Sings) I want to go home. I want to go home. Home on the range. Far, Far away. Go down, Moses. Way down in Egypts land. Tell old Pharaoh, let my people go."
"Representative Phelps, are you seeking recognition? Your light's on. Representative McNamara, for what reason do you seek recognition? The Gentleman indicates he does not wish to speak. Representative Turner, for what reason do you seek recognition?"
"Well, Madam Speaker, I know...I know it is the prerogative of the Chair to...when a Member is not in the Assembly and we need him, to summon the State Police to bring him back and I was curious if you would find out where the Republicans are and, if necessary, call the police to bring them back. I don't want to sing another tune. Call the police."
"There are some Republicans back. Is your conference adjourned?"
"Well, let's get this show on."
"Are you adjourned, Gentlemen? Do you know if you're adjourned? You are adjourned. Okay. We'll be ready to go shortly. They are adjourned. They'll be back. Representative Hensel."
"We're just at recess and during recess I like to play so I came up to visit my wife. Thank you."
"You mean your conference recessed?"
"We're at recess. We...will be adjourning shortly, but we're still at recess down there."
"Representative Mulcahey, do you seek recognition? Turn off the Gentleman's switch. Turn it off. Representative Cullerton is Represen...is recognized at Representative Daniels' desk." 89 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988
"I give in. Let's go. I'm for the Bill."
"Don't we wish it was so simple!"
"Ladies and Gentlemen and all those within listening range, I've been advised that the Republicans have returned to their caucus so they recessed from the caucus for a short time and now they are back in their caucus and I can only hope that they would move expeditiously in the caucus and return to the floor. So if you would just bear with us, we do appreciate your patience and your tolerance. Thank you. Mr. Turner?"
"Mr. Speaker, I was sitting here going through the rule book and I didn't realize that there was a rule where you could recess during the caucus. Is that a new rule that we just adopted?"
"Mr. Turner, I don't know, but I...it may be that there are Republican caucus rules such as the Democratic Party Conference Rules. We do have a set of rules for our conference. Maybe they have them in them. Maybe they haven't been published in the 'Umpire' yet, but..."
"Supplemental Calendar #7 is being distributed."
"Speaker Madigan in the Chair. The House shall come to order. Mr. Clerk, are there any Agreed Resolutions? On the Order of Introduction and First Reading of Bills."
"House Bill 4298, offered by Speaker...offered by Representative Daniels, a Bill for an Act in relation to services provided by the Department of Mental Health and Developmental Disabilities. First Reading of the Bill."
"Mr. Cullerton is recognized for a Motion to table that Bill. Mr. Clerk."
"Agreed Resolutions. House Resolution 1725, offered by Representative Pullen. House Resolution 1724, 90 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 offered by Representative Deuchler. And...and Senate Joint Resolution 93, offered by Representative Van Duyne."
"Mr. Clerk. Mr. Matijevich on the Agreed Resolutions."
"Did he, Speaker, did he read them because there was one we pulled out. I think there's...there's two, one by Pullen, one by Van Duyne. Is that right, Mr. Clerk?"
"That's correct."
"Alright. Mr. Speaker, I move the adoption of the Agreed Resolutions."
"The Gentleman moves for the adoption of the Agreed Resolutions. Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it. The Agreed Resolutions are adopted. General Resolutions."
"House Resolution 1724, offered by Representative Deuchler. And Senate Joint Resolution 113 by Wyvetter Younge."
"Committee on Assignment. Mr. Clerk, anything further? Do you have the Adjournment Resolution? Mr. Clerk, on the Adjournment Resolution."
"House Joint Resolution 215, resolved by the House of Representatives, the 85th General Assembly of the State of Illinois, the Senate concurring herein, that when the two Houses adjourn on Saturday, July 2, 1988, they stand adjourned until Tuesday, November 10, 1988 at 12:00 o'clock noon and when they adjourn on that date, they stand adjourned until Tuesday, November 15, 1988 at 12:00 o'clock noon."
"You've all heard the Resolution. Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it. The Resolution is adopted. Mr. Clerk, anything else? On Supplemental Calendar #35 there appears House Bill 3543. On Supplemental Calendar #6 there appears Senate Bill 1839. 91 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 128th Legislative Day The Chair recognizes Mr. Levin."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is the Bill that the parents of the City of Chicago have been waiting to see called all Session and I would add that this is also the Bill that I think that all of us have been waiting for so we can go home. Senate Bill 1839 brings fundamental and radical change to the Chicago public schools. It's the culmination of a grass roots movement for school reform in Chicago that began last fall as a reaction to the school strike. This legislation is not the property of any one Member of this Body. It was developed as a result of many, many hours of work in the Speaker's Office by parents, community groups, and business groups of Chicago. It is truly their Bill and represents the kind of reform they are seeking. What this legislation very briefly does is to take the power that currently exists on Pershing Road in the bureaucracy and downtown and shift it to the parents through the establishment of local school councils. The local school councils will have 11 members, six of whom shall be parents, two of whom shall be teachers, one shall be the principal, and two shall be community residents and they shall be elected. The parents shall elect the parents, community residents, community residents, teachers by staff and of course the principal will be on it as well. The local school council will have the authority by seven votes to select a principal and to provide for a three year performance contract for that principal. If they fail to receive seven votes, they shall submit three names in priority order to the district superintendent who will choose the principal. The local school council shall also have the authority to develop a school improvement plan which will set the priorities for improving reading scores and generally improving the 92 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 quality of education in that particular attendance area. The local school council will also have the authority to approve the budget for that school. Paramount under this legislation is the role of the principals and this legislation gives the principal much greater control over what goes on in his school. It gives the principal control over the selection of teachers to fill vacancies. It also gives the principal the ability to issue orders to the custodian in charge, the engineer in charge of the school as well as to the person in charge of food service, a major change from current law. This legislation would also deal effectively with the teachers, on the one hand involving the teachers much more effectively in the school by establishing a professional advisory committee in each local school where the teachers will be involved in advising and working with the principal and working with the local school council and curriculum on text books and other educational matters. On the other hand, it makes it easier to deal with bad teachers by reducing the remediation period from one year to 45 days. This legislation also would abolish the current membership of the Chicago Board of Education and would establish an interim board to serve for a short period of time and would provide a new mechanism for nominating 15 members to serve on the Chicago Board of Education. People to be nominated through a nominating committee mechanism composed of representatives of parents from each of the district school councils and five representatives of the mayor. The mayor would then have three names presented to him for each vacancy and he would choose one. One of the most important things that we've been hearing from the parents as well as from people down state is that there's tremendous waste in the Chicago public school. This Bill makes a fundamental 93 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 change in the bureaucracy by establishing a cap on that bureaucracy which should reduce expenditures by...for administration by 46 million dollars. What it does is to take the average of four categories of administration expenditures for unit school districts outside of Chicago per students and makes that the cap for the City of Chicago the Chicago Board of Education. In other words, the level of bureaucracy that the rest of the state is able to get along with ought to be the level of bureaucracy that's a cap for the City of Chicago and it would shift the money that is saved down to the local schools. In addition, this legislation establishes a school reform oversight body consisting of seven directors, four appointed by the mayor of the City of Chicago and three by the Governor. They would...this body would have the authority to approve and monitor the implementation of the Board of Education System Wide Educational Reform goals, and in the event that there were violations of those goals, it could discipline or discharge any board employee for failure to comply with the provisions of the reform plan. As a parent of children in the Chicago public schools, I've seen the process that has been going on in Chicago in school reform and culminating today in this legislation as the once in a lifetime opportunity to bring about change in the system. I believe that the parents of Chicago want radical reforms, no compromise reform. Senate Bill 1839 accomplishes this goal. If there are questions on this legislation, I would at this point yield to Representative Cullerton who presided over the meetings of the parents and community groups to answer any questions that you may have."
"Mr.... Mr. Daniels."
"Well, Mr. Speaker, Ladies and Gentlemen of the House, I am a parent. I have five children. They are products of 94 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 what I am proud to say is an excellent school system. I have asked for you no more than I have asked of our school system where my children have received an excellent education. I have taken an interest in school reform for the City of Chicago because you asked us to, because you brought this issue to Springfield and said that Chicago, itself, was unable to reform its own school system and needed the help of Springfield, Illinois. And when you brought this process to us, you said on many occasions, 'We want to derive a bipartisan agreement to arrive at the conclusion where the Chicago School System would not be as superin...as Secretary of Education, William Bennett, said just a few months ago, the worst school system in the United States of America, but be one that we could point to with pride and say, in fact, is the best school system in the United States of America.' And for a long time we stood side by side and we said, 'We're willing to work with you.' As a matter of fact, we assigned negotiators to a summit meeting called by our Governor, a Republican, to look at two plans, two plans that were devised as a result of Republican attention and care for the children of Chicago. The response that came to those two plans was a Democrat Task Force response, having some good features. After the summit meeting met for just a few meetings, you brought that summit process back into your office and in order to control the movement of the school reform issue. When you didn't have enough votes to pass this Bill last week, you turned again to us and asked us for help and we again responded. And we said to you, 'Many items on your Bill that you worked out with Chicago United were excellent, were good and should be included in law.' But there were a few provisions that were necessary, supernumerary. Now, what's a supernumerary? I never have 95 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 met one of those things. I never saw one of those things. I had no idea what they are. And their supernumeraries were running everywhere. All we know is that the supernumeraries were a creation of somebody's feable mind. Oh, but we found out what they are, alright. And little did we know that when we learned this word, supernumeraries would be a very, very important item because when you said you're dealing with the Pershing Road problem and the administrative level, you told us you were going to get rid of some of these supernumeraries and we applauded you and we said, 'Great! It's a terrific move.' But what we didn't know is that you are going to take the supernumeraries, this fat bureaucratic administrative level that doesn't know a darn thing about the running of schools and has bloated your system and victimized your children and you are going to put them in the classroom to teach children, children who are going to run your city and you were going to protect them by including them in legislation on supernumeraries. And, boy, we found out what that Bill meant and what that term was and we negotiated a provision that took it out, that said that these people that can't teach don't belong in the system. We negotiated another item, another item that would break just a little bit the gridlock that the unions have had over the school system, not because we're being anti-union, but a simple sentence that said collective bargaining agreements could be negotiated at a district level. Well, little did we know just how important that was to the unions of Chicago that had this system so tightly controlled that many of you that supported the Bill before withdrew your support and said the unions were more important than children in Chicago and you turned your back on the Bill and you turned your offer away that Republicans said to you, 'We'll help you. We'll 96 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 be part of this process. We'll give you enough votes to pass a Bill that means something that has a little bit in it that breaks that gridlock for the children of Chicago, the victims of the worst school system in the United States of America.' And you wouldn't accept that help and you laugh. And you laugh because to some of you it's funnier that you protect your unions than it is that you protect the children of Chicago. Now what's our stake? Why do we even have an interest or care for Chicago? If you want to do it to yourself, go ahead. Destroy your city. Why should we as Republicans stand up on this House floor and argue strongly that school reform is needed now. That where you may have union friends and we have union friends, we may say to them, 'It's time to let go. It's time give parents the right to be involved and to run their school system. Take this great Bill that you've been working on, that you have devised many great issues, yes, in the Speaker's office, yes, through his hard work, yes, through your hard work, and participated with us in helping our children.' Why do we care? We care because they're the leaders of tomorrow, because the City of Chicago is the core of this state, because many of us want to point with pride at all times to say, 'Chicago is great! It's not just a second class city because the children of Chicago deserve everything that a child in Pontiac or in Union or in Rockford or Rock Island or Elmhurst or other areas of this state have the benefit to a great school system.' I was a recipient of a great school system. Some of you have been a recipient of great school systems and many of you have been educated in the schools of Chicago. But doesn't it bother you to have the Secretary of Education of the United States of America stand in front of you and say it's the worst in the country? Doesn't it bother you to have 97 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 that backed up by the Superintendent of Education of Illinois and have it constantly pointed to you? Well, we're here today and we are committed to reform of the Chicago School System. I commend you for many of the versions that you've come out with and I would be remiss if I didn't point out that some of you fought very hard for it and I have been surprised at some of the items that you have brought out on that Bill. But at the same token, I would also be remiss if I didn't tell you you had an opportunity for greatness, for excellence. You had within your grips the ability to deliver the final blow to an inferior system and to stand up and say strong, 'We will not accept less than perfection. We will not deliver our children tomorrow as we have yesterday a system that does not work. We will not gamble on the future of a great city. We will stand up strong and united and these hallowed halls where many items have been discussed long and strong and bipartisan fashion we will bring to Chicago and its children the greatness of the city that so many of you deserve. We wanted to be with you. We can't be with you because you took an agreement that went just a little bit further than where you are now and you destroyed it. You ruined it. An agreement that the four leaders and the Governor said, 'You know, not bad. If you do these things, get rid of those fat bureaucrats and their high salaries that don't know a damn thing about teaching the children of Chicago and don't let them in the system, throw them out the door, cut that bureaucratic level, if you get rid of them and if you pay a little bit more attention in eliminating that bureaucracy and change some of that gridlock, you'll have a great system.' And this morning I said to the Speaker, I said, 'I don't know how many votes you need to pass this agreement, but I'm prepared to offer 98 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 you a minimum of 30 Republican votes to pass a great Bill. Yes, we would have like to have gone further, but to pass a great Bill.' We're going to withold our support. Why? Why? Because you missed and lost the opportunity and for that you deserve condemnation. For that, every one of you should go home and you ought to look your child or your grandchild in the eyes and you ought to be ashamed. You ought to say to them, 'I turned my back on you. I turned my back on your future. I allowed you to be victimized more.' And you ought to be ashamed. You destroyed, you turned your back, you ignored your public oath of office. And I will tell you in the 14 years I've been here, I've never been more ashamed of your actions than I am today because greatness was in your hands and you lost it. You gave it up and you know it. And when this Bill passes with your votes, and when the Governor receives it, I pray to God that the Governor will take it and exercise his Constitutional right to do what you didn't have the guts to do, that you didn't have the ability to stand up and say to the people of Chicago, 'No union's going to control me. No person's going to say I'm not going to defend my children.' Shame on you. You're wrong. You know you're wrong. You're accepting an inferior product and I'm ashamed of you. And, yeah, make fun of it, Terzich, you'll pay for it in the election and you know it because this will be an issue in your election, Sir, as you have turned your back on the people of Chicago. Maybe you don't care about the children of Chicago, Mr. Terzich, but I'll tell you this that we will do what you are afraid to do and we'll be back on this issue, Sir, and you'll hear about it day in and day out. Vote 'no' for the children."
"All Republicans please rise. All Republicans please rise. Tuerk, out of your chair. No, that's not 99 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 enough. We need more, more applause, please. The Chair would ask the...the Members to please let the Speakers participate in debate without comm comments outside of the debate so the Chair recognizes Mr. Cullerton."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I thought I'd just address a little bit the process by which this Bill comes to the floor. During the unfortunate school strike last year, a number of parents organizations, multiracial ethnic groups formed parents and business groups throughout the City of Chicago and asked the Mayor, at that time, Mayor Washington if he could assist them in bringing about some school reform. And I remember the comments of Mayor, the late Mayor Washington. He said that as a veteran of Springfield, he appreciated the fact that it had to be done in Springfield, but he would also appreciate the fact that something not be imposed upon Chicago, but rather...but rather that he looked to the people in Chicago. So during the many months since that strike, these organizations came forward with legislation and they were differing forms of legislation. They asked different legislators to Sponsor them and they found their way into this Assembly. The....Speaker asked that a Task Force made up of Legislators, some outside of Chicago, for in...their input, but mainly Chicago Legislators meet. We did that and we thrashed about the issues and the different programs that were prepared. And then, finally, in the last few weeks of the Session, in the Speaker's Office, we met for approximately 30 hours with all the different groups who were represented. We excluded none of them. They included the business community, the people from Chicago United, Warren Bacon, Ron 'Gidwidst', other leaders in business were present. We had community groups of, as I indicated, all ethnic backgrounds, racial 100 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 backgrounds, and we worked out a Bill and some people gave in on certain points and some people were disappointed, but they in the end arrived at an agreement. By the way, the Teacher's Union and the Board of Education were present as well. And there was a long, in one substantive area, I'll just talk about briefly, there's...there was a discussion about the so called 'supernumeraries' during the course of our debate. And the groups, the first time around, said they didn't think that that Section should be in the Bill. Then the unions asked one more time if they could come in and explain what a supernumerary was, who was going to effect, and they made their case to us one more time. In out of basic fairness, after reconsidering it, and after realizing that these were not bloated bureaucrats as has been previously mentioned, but rather teachers who have been found to be satisfactory, who have had a...to be left...let go from their school because the students in that school decided to shift to other courses and as a result, these teachers who had always been competent found their...themselves in a position where they were going to look for a job. And all the Bill said and says is that it's up to the Board of Education and the Teacher's Union in a collective bargaining agreement to work out a...an arrangement whereby some consideration can be given to these supernumeraries who have by no means of their own negligence or incompetence lost their position. By the way, I think there's probably only about 25 of these supernumeraries who would be effected in the entire City of Chicago. So, we pas...we drafted the Bill. Now, when we drafted the Bill, I think that many opponents of the Bill were prepared to call it a fraud and to say it was nothing and they, to their credit, sat down and read the Bill and they said, 'You know, this is amazing. You people are 101 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 really doing something there. There is an administrative cap that's going to save 46 million dollars. And the Bill itself is revenue neutral. You're not even asking for any more money from us. This is really not a bad Bill. You give control to the principals, you get...you get them to hire, in the case of any vacancies, any teacher they want. This is pretty good. But, I tell you, there's a couple of things we'd like to do. This supernumerary thing is pretty important to the unions and apparently it's pretty symbolic to them, so we want that out because we wouldn't want to have any symbolic language here that gives a victory to the unions. And then there's one other thing we want to do. You have the oversight authority to ensure that the reforms take place. You have that oversight authority that the Chicago United and all the editorial boards in the newspapers push for, but there's one thing we want you to change. The rest of the Bill is great. But there's one thing we want you to change. We want the Governor to be in charge of that oversight authority instead of the Mayor. That was it. So, you know, as a result of the process, that Bill was not really drafted by the Legislators. It's an unusual Bill in that respect. That Bill was drafted by the citizens because of the process that I described. And the citizens did not want the Governor. They didn't think it'd be appropriate for the Governor to be in charge of overseeing the reforms that this Bill calls for because the Oversight Authority is...to do nothing if the Chicago Board of Education does its job. And the Chicago Board of Education is going to be a new board of education and the very method by which it is chosen is going to be from the very citizens in the City of Chicago and the parents of the students in the City of Chicago who will end up nominating that Board of Education. So it's not appropriate that the 102 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 Governor have the controlling vote on that board. It is appropriate that he have membership, I think, and the Bill certainly provides for that. So I think it was a very fair process. I think that, if not publicly, at least privately, when this Bill passes, you will see that this is an excellent Bill. Now unfortunately, because of the illness of two Senate Democrats, the other night, and because of the lack of support of any Republicans, even the Republicans from the City of Chicago, we were not able to pass the Bill and so as a result of those actions, we are going to have to delay the effective date of this Bill and we'll be back here in January, the first week of January, passing another Bill that only requires 60 votes to bring this Bill, this Bill effective as soon as we can without the support of the Republicans, unfortunately. So I, once again would urge you to reconsider if you wish...your previous statement that you wouldn't support it because you know it's a strong Bill and you know that the only thing that's lacking was the gubernatorial control that I spoke of. I would hope that at least one Republican or two Republicans could vote for it just to show that it really is a true reform. I once again want to thank all of the people that came in to the Speaker's Office. They're the ones that drafted this Bill. They're the ones that deserve the credit. I look forward to voting for it."
"Representative Cowlishaw."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. There is a tradition in this nation that I hope that we all respect. I know that I do. It's called local governance of schools. We, here, send a great deal of money from Springfield to all of the school districts throughout this state and yet we believe that, fundamentally, decisions about how those local schools are 103 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 to be run ought to be made at the local level. There's a good deal of validity in that philosophy and because I believe that there is, it seems to me that there was a good deal of wisdom in the process of suggesting that Chicagoans should be the people who decide what they want for their schools and their children. This process was just that. The plan you see before you is a plan devised by Chicagoans for the children who attend the schools in that large city. During this process, however, because the state as well has a vital interest in seeing to it that quality education is available to every child everywhere in Illinois. During this process, it would seem that while we were listening as sensitively as we could to the people of Chicago, we ought also to be providing some kind of leadership in that process. Although I was not privileged frequently to attend the meetings authorized by the Speaker, when I did, it seemed to me that the Speaker appeared to be more of a moderator and in some cases a referee than he was a person who was providing leadership in those meetings. I am reminded of a statement by Edmund 'Burk' which I believe to be true. He said, 'Your Representative owes you not his industry only, but his judgement and he fails rather than serves you if he sacrifices that to your opinion.'. The Speaker has sacrificed the possibility for real strength in this legislation by, however well meaning I believe he has been, by failing to provide that kind of leadership that takes all of the opinions that come to it and then adds that extra element on top that we call statesmanship. That's a form of policy making, statesmanship is and policy making is a function which cannot occur in an atmosphere in which partisan politics prevails. Ladies and Gentlemen, there are some good things about this legislation and I am pleased that there are because thoughtfulness and caring 104 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 are not a monopoly of the Democratic party. I care about everyone of those 430,000 children who are not receiving the kind of educational opportunity that they rightfully deserve simply because they happen to live in Chicago. But this is not a Republican Bill by any means, anything we thought was regarded as not worthy. And so, Mr. Speaker and Ladies and Gentlemen of the House, this Bill is one for which you can have all of the credit for exchanging one set of villains for another and all of the credit for being willing, unnecessarily, to wait a whole year before you will help the children of Chicago."
"Mr Huff."
"Thank you, Mr. Speaker. I didn't think I would be called this soon. However, let me say at the outset, Ladies and Gentlemen, that I rise unmistakebly like the Collosus of Rhodes to support Senate Bill 1839, the seventh wonder of the world, the historians tell us. But I invite you, Ladies and Gentlemen and, indeed, the nation to behold us in Illinois tonight for we are about to perform another wonder that may well go down in history as, indeed, the eighth wonder of the world. We will change an archaic monolith for the betterment, we hope, of our children. Having said that, let me put this aside for a second and ask you to indulge me in a melancholy soliloquy. Having suffered one stroke and a mild heart attack, I have learned it is prudent to withdraw when the heat of battle becomes too intense as it was the other night. But in...but there was...this was not the only main consideration. No, indeed, for in truth, I was stunned by the unmitigated plagiarizing of my Bill with regards to the subject matter of Chicago School Reform by my Republican colleagues. I'm sure that last night wasn't the first time we heard about decentralization, dividing our school system into 20 105 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 autonomous districts. This sounds a familiar ring. It's also found in my Bill, it's on Second Reading, 1177 last year which is now 3886 this year. The year before that it was 290. And the year before that it was 816 and on it goes. I had to go home. I had to withdraw unless I become the victim of my own rage at this abomination. We have all seen what happens to presidential aspirants when they endeavor to use other statements as their own without due attribution. I ask you, my fellow colleagues on this side of the aisle, whether this Bill in the...well done by the Republicans. I think not. And for that reason, Ladies and Gentlemen, I will ask God to smite the Republican's plan if in fact...and may their perfidious plan be washed away with the tears of their bitter pilgrimage. I want the record to show that this was Representative Douglas Huff, Jr. himself who initiated the reform legislation in an effort to keep my commitment with my children, to keep faith with the children of Chicago who were being consumed in the fiery furnace that is District 299 and if there are any heroes in this episodic odyssey, it has to indeed be the mothers of both black and white and hispanics who successfully elevated this issue to where it is this afternoon. I salute them and I love them. Nevertheless, now and soon, those of you who are familiar with my adversities know I must take leave of you and embark on a battle of my liberty. However, I assure you, no matter what will happen, I will never surrender my black plume of dignity. God's blessings to you all and to one and all, a good afternoon, and farewell. I love you all and I shall never forget you."
"Mr. Parke."
"Thank you, Mr. Speaker and Members of the General Assembly. Four weeks ago I stood before this Body stating 106 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 that I was fearful that the Republicans would end up getting a Conference Committee Report that would not have Republican input that would have strictly a Democratic Initiative to answering the question of school reform. And, in fact, I stand before you with the playing out of that scenario. They haven't even given us the courtesy of being allowed to sign the Conference Committee Report. There are no Republican signatures on that Report. You know, we represent a majority of the people of Illinois, a segment of them. We have a responsibility to those people. We have an opportunity by being elected to be part of the process and we are not part of that process when it comes to school reform. Now the citizen groups of Chicago truly did come in and meet and have their day and have their positions articulated and that is good. But part of the process is also the elected leaders, people take time to vote for all of us and expect us to represent them, whether you're a Republican or whether you're a Democrat. The Governor is also elected by the people and he convened a task force made up of 12 Members of this General Assembly asking for them to review it, try to give input, try to make recommendations SO that we can make this initiative better for the children of Chicago. The Speaker chose to ignore that group. We met a number of times. None of our recommendations were taken in and put into the legislation. We were allowed after three or four weeks of meetings in Speaker Madigan's Office with lots of people, truly lots of people and we were allowed, the Republican Representatives were allowed to sit in for one week, maybe four meetings. We really didn't have much opportunity for input because we were...discussing concepts, SO we really didn't have an opportunity. After that week was over, we were never invited back in again. I happen to think that that is not 107 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 allowing the process...the people of Illinois to have input whether you're a Republican or Democrat in a major issue affecting Illinois. I want to point out that we contribute, all the citizens, your citizens and my citizens, contribute over 500 million dollars to the educational process in Chicago. We should at least have an opportunity for input and we have not had that opportunity. Now you say we are trying to pass this Bill now and after coming to us last night, Mr. Speaker, your leadership came to us and said, 'We've made an agreement. We need you to agree with some of the recommendations that we finally were able to make.' And your group, your leadership and our leadership both in the House and the Senate accepted that. I came into your office back there after we caucused and talked to your staff and said, 'I'm prepared to sign the Conference Committee Report. They did not allow me to do that. They did not allow any Republicans to have the opportunity to sign that Conference Committee Report and this morning we found out why because you cannot get agreement among the Teacher's Union or the other unions that are involved in the process. They were part of it and refused to accept the compromise which you and your leadership both in the House and the Senate agreed to last night. Now we have, the way you circumvent that, is that you now have an effective date of this Bill of 7-1-89, 7-1-89. That means that the children of Chicago must wait another year. Now I know Representative Cullerton said we're going to come back in January and we're going to try and effect a different program. Maybe we can do that and maybe we can't. In the mean time, your children, the citizens of Chicago's children are going to have to continue to live with a terrible program of education, a terrible program that has been pointed out by educational 108 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 leaders all over the United States as one of the worst in the United States. You are forcing your children to continue to have a terrible program because you are trying a back door approach to providing quality education for your children. You know, your children are going to suffer for this. The children of Chicago will suffer one more year and I am disappointed in that. Now, I want to point out also that some of the Democrats are going to say that this is a good program. And you know what? I am going to say that part of this program is good. The citizen groups, the business men and women, the parents that came down here, even the Principal's Association of Chicago, and even the unions that came down and talked about it, at least talked about it, worked hard. And I agree that on a lot of this Bill those citizen groups and those people did effect part of this process and they did make recommendations that ought to be considered. But I have to tell you that it isn't good enough. I mean, your children of Chicago deserve a good plan. This isn't good enough to provide that. You know, these are the children of tomorrow that we're talking about and you're giving them a program that isn't good enough. I might want to point out to you that there's no meaningful change in the way that labor negotiations are conducted. We have been told in numerous articles in the newspapers that the Teacher's Union of Chicago is one of the major problems and the other 21 unions are considered to be...part of the problems of Chicago. Do you know that with this legislation, tenure still prevails and with the supernumerates which we're joking around with...what Representative Cullerton now claims is only 25, and that's interesting because that's only 10 percent of what they agreed to last night. They said there was over 250 of them, well probably right. 109 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 Tomorrow there'll be 15. That's what they're going to tell the paper. But quite frankly, one must understand that a supernumerator can be hired regardless of tenure, regardless of whether they're a quality teacher or not because they have seniority, they will take the jobs. And do you know what? That school board can turn to anybody and appoint them as supernumerates as long as they have 20 years of tenure in the system. They can make hundreds. Do you know 55 percent of the teachers qualify for that and they can make all of those teachers supernumerates which means that they will get the quality jobs over quali...over the quality teachers that might be there with less seniority. That's why it's so important not to have them in the program. Now the engineers in charge, we say the principals have the keys now. That's the claim that I've heard from you. Principals have the keys now. I may point out to you with this system, yes, you have given one, two, three, four keys, to the principal. But that's all you've given him. You've literally given him the keys. Because the engineer in charge and the food service manager in each school still can violate the chain of command and if the principal doesn't like it, he can tell those food service people or the janitor people that he doesn't like it and they still can refuse to do it. They now just have to go through a chain of command which we had the same problem with the last time. They still can say, 'No, we're not going to do it.' And the principal now has got to go through...somebody in charge has got to go to a union person and he's got to go back to him and ask him to do whatever normal principals wou would do in the rest of this...of the schools of Illinois. On top of that, we claim that this Bill has an oversight. That it's a marvelous Bill because now we have an oversight. Many of 110 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 the business groups have signed off to some degree saying, 'Hey! You have oversight. That's what we asked for.' I might point out to you that that oversight is toothless. The authority to a discipline the Chicago Board of Education is no longer related to the school board members. In addition, under the Bill that you are looking at today, if the teachers...I mean, if the School Board of Education of Chicago presents a plan to the Oversight Board that is not acceptable to the Oversight Board, the Oversight Board cannot kick in. It does not have authority. It only has authority when there is an agreed upon plan. That school board of yours in Chicago can continue to send to that Oversight Board bad plans and that Oversight Board cannot function until those bad plans are accepted. We think that's a major flaw. We asked for the correction in the Bill and we're disappointed that it's not there. The oversight cap is not meaningful. We have prided ourselves saying we need oversight in the Chicago School System. The...the Chicago School Board, after the oversight has been...after the cap has been taken, can now turn around and hire outside consultants. Not only can the school board hire those outside consultants, the local school board, I mean, the local school councils can also hire outside consultants. I'm telling you, we in the Republican party in the negotiations said, 'Hey! Look! Limit on a basis of what kind of consultants you can hire.' Because I'm going to tell you that that is the new patronage army of the unions of Chicago and the Democratic party in Chicago. They now, without discrimination, without concern, can hire any consultant for as long as they want, for any length of time of a contract, for any amount of money and they have the right to do that with this plan. And now we're going to have a patronage army like you've 111 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 128th Legislative Day never seen before. Do you know that with this plan that you can have...that we're going to establish an interim board? That interim board which is only going to last for a few months can turn around and rehire Superintendent 'Manfurburg'. They can rehire him if they saw fit. And many people say that we want to do away with the board. I f you're going to do away with the board, I would think it would be reasonable to do away with the superintendent. But this interim board can turn around and hire him and give him a three year contract and your new board that you're going to elect in Chicago is going to continue to have people in places that a new board may not want whether it's a superintendent or any board member and we think that's wrong also. And you know that this new plan which we have asked for and we think is reasonable within the 20 established districts that are already there, the grade school districts, that there's no open enrollment in those and we think that there should be open enrollment within those 20 districts. Now I have to say that with this Bill that we're very concerned about that the patronage door is open. There is an opportunity for the Democratic Precinct Organizations now to take over the local school councils and I am telling the citizens of Chicago, all those hard working citizens groups that are out there, 'Watch out! Stand up for what you're getting, the small amount that you're getting in this Bill and make sure that what you want and what you struggle for is not superceded by a strong precinct organization'. With painful disappointment after hours and hours of working with many people, I must rise in opposition to this weakened, watered down Bill. We had such a great opportunity and we've blown it. The Democratic party and the citizens of Chicago in Illinois must be ashamed with what has happened here. And, 112 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 unfortunately, your children will pay for it."
"Mr. Curran."
"Thank you Speak...Mr. Speaker. Question of the Sponsor."
"The Sponsor yields."
"Ellis I understand, the Chicago Teacher's Union is now in favor of this legislation as being proposed at this moment?"
"That is correct."
"I also understand from reading the legislation that there is no impact on down state or suburban teachers?"
"That is also correct."
"Then it is my understanding, further, that the Illinois Education Association is not opposed to this legislation. However, I think we ought to think of ourselves, perhaps, as the Illinois General Assembly Hospital Emergency Room. And let's say that a small child, not too small, big enough to maybe play football in an organized way, a small child is brought to us with a fractured skull and with a broken jaw. And the reason this child is brought to us with a fractured skull and broken jaw is because he was playing football without a helmet. What the Illinois General Assembly, I'm afraid, might be doing this year is saying, 'Yeah, you got a broken jaw and yeah, you got a fractured skull and now here's a real good helmet and let's send you back into the game.' You see, I think what this legislation is is a pretty good helmet, not too bad. Probably on a scale of A to F, it deserves about a B. But I think it misses a very important point. I think it misses an opportunity to speak to the question of early childhood education which we have done on both sides of this aisle, here, right here today. We hope with impunity. There is nobody talking on the Republican side about 113 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 educating the children. You're talking with crocodile tears in your eyes about the possibility that maybe you don't get to control the patronage or maybe the Governor isn't in charge of this toothless organization that you say isn't so hot. If you thought it was a good idea, if you thought it was a bad idea that this orga...this...oversight committee, then why did you want the Governor to be in charge of it? For our side, the Democrats, I think we've missed an opportunity. I'm sorry to say that. I think we have done something fairly good for reform in and of itself, but we have failed to take advantage of research in the last several years that maybe ten years ago nobody really knew about. But in the last five years, everybody who pays attention in this country knows that every dollar you put into early childhood education, you get back as much as seven dollars in return. So what did the General Assembly do this year, Republicans and Democrats? We cut the money that the...the State Board of Elections wanted to put into early childhood education, in half, the State Board of Education, in half. Now, in my opinion, the State Board of Education wasn't asking for near enough anyway. What they were asking for would have only reached one third of the poor children in this state who needed the help. They weren't asking for enough and what do we do? We cut it in half. Now that was a serious mistake. Our neighbors to the West, Missouri, not really known for their idealistic, innovative programs, have come up with a program called 'Parents as Teachers'. Let me tell you something, we ought to be doing that in Illinois, rather than quibbling over whether the Governor is in charge of this...of this oversight committee or whether we're going to beat up on the teachers this year in our press releases. Now what we have here is not the best of all possible 114 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 worlds. What we have here is an idea that has been hammered together with the...the best intent and the best efforts of the community organizations in Chicago. It's far from perfect, but it's a lot better than nothing and it's Chicago's solution for Chicago's schools and Chicago's neighborhoods and Chicago's children and Chicago's future. I say, as imperfect as it is, we give them a chance to go with their solution. They're asking us for no more money. I don't like everything here, but they're asking us for no more money. I say we give them a chance to have their solution to their problems and then I say we watch them like a hawk."
"Representative Parcells."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, we were all warned about this. Just a few months ago we all heard Secretary Bennett when he came here and I quote directly, 'The light...the nightmare, the thing I fear in regard to Chicago and some of the other cities who are debating education reform and some of the state Legislators that will have so much to do with it is that we will see some...see packages passed that will be called reform packages, that they will be reform packages only in appearance. They will sound good. They will sound as if they will bring things about, but in the bottom line, they won't have real reform.' He further stated that 46 percent of the Chicago teachers, the people who know the product best, send their kids to private school. Ladies and Gentlemen, we could have had it all. We could have had real reform. But because of fear and pressure from certain groups who care more about their own jobs, their own pocketbooks, and their own power than they care about the children of Chicago, we have settled for something, you have settled for something much less and we've let your 115 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 children down. You've not only offered them a second best reform, but you're going to make them wait a whole year to start it. I'm very disappointed for us individually, for us as a General Assembly, but most of all for the children of Chicago who will...ultimately pay the price for our mistake here today."
"Mr. Morrow."
"Thank you, Mr. Speaker. I did not plan to rise on this issue, but I felt that as one of the few nonparents here in this Body, that I...that I felt that I must because of a quote that was made earlier this week by someone who I will leave unnamed. And the quotation was, 'I'm not frustrated because it's not hurting me.' Well, Ladies and Gentlemen, I am hurting because I was raised in the old school where your child was my child. And it is my duty not only as the leader of my community, but as a future parent, to ensure the education of our children not only in Chicago, but throughout this state. It is not only our responsibility to reform the school system, it is also our responsibility to reform the parents and the children in this system. Many of you have said that this legislation does not go enough, does not do enough. But I feel good that with passage of this legislation, I can go back to Chicago and do just that. We talk about the money and the jobs. We, until we change our way of thinking, not only in Chicago, not only in this state, not only in this country, but until we as a people change our way of thinking, become more honest, more fair, have more morals. As I said earlier this week, we've become a country of the haves and the have nots. True, the children in the...up in my city, in the City of Chicago, they're dropping out. But they're dropping out because they don't have parents who have jobs, parents who have an opportunity to be with their children 116 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 eight, nine hours a day. I leave you with a quotation from the late mayor and many of you need to remember this quote, 'Never forget where you come from. You all weren't born with silver spoons in your mouth. Many of you came from dirt shacks and now you're living in palaces.' But you forgot where you come from and I will never forget where I came from and I will never forget, allow the children of the City of Chicago or in this state or anyone down here to forget where they came from. I am gladly going to vote for Senate Bill 1839 and I will gladly take this piece of legislation home and I will gladly help improve the educational system in the City of Chicago. Thank you."
"Mr. Tate."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. July 2nd... July 2nd should be remembered as a day of shame, a day of shame for this General Assembly that will address the needs of educational reform for Chicago or for downstate or for any school district in this state. In 1985, the vast majority of our Members voted for a reform package that we called 'The Great Reform of Illinois in 85'. Today, we're talking about Chicago reform. We're talking about a budget that we're preparing to vote for that will fund categoricals at 21 million dollars and should take 125 million to fully fund those categoricals. A reform package as Representative Curran has in...has stated that has 24 million in it for preschool education that addresses the needs of only ten percent of our children throughout the state. And many of you probably are curious why...why those of us in downstate have an interest in Chicago schools and, unfortunately, there's been a great deal of rhetoric on this floor between Republican proposals and Democratic proposals. There's been a great deal of discussion about bureaucrats and 117 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 teachers and...and authority, etc. But, unfortunately, there's been very little discussion on this floor about the kids of this state, about our children's future in this state, and where we're going with our kids future in this state. This is the first time, I believe, in American history where our children...our children don't have an opportunity and may not have an opportunity to realize the same type of standard of living that we do in this generation. And unless this General Assembly rises up to the challenge to meet those needs, then we will realize the standard of living that will be lower for our kids. In downstate Illinois I consistently ask or am asked about Chicago public schools. The reason I'm asked about Chicago public schools is because in the General Distributive Fund, your school, your children receive 31 cents on the dollar and, yes, I am concerned about reform because unless your kids receive a better quality of education than they're receiving now, you're going to continue to demand more dollars. And my children in Stonington, Illinois, in Decatur, Illinois, and Shelbyville, Illinois, they deserve the same type of quality education that your children do and an equal opportunity in education doesn't exist today in this state. But I guess we're going to talk in great...and provide great attributes to the reform package, the Chicago reform package that as a previous Speaker has indicated is revenue neutral. And all the accolades for that program, the fact of the matter is, there's no new dollars, no new dollars, period, to meet the needs of children throughout this state. And, yes, we'll pass a budget that will provide 200 million dollars more funding for education than we did last year. And, yeah, we can go home and we can say, 'Yeah, we've...we've provided some...some money and we have, in fact, attempted to 118 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 reorder our priorities.' But the fact of the matter is is this General Assembly, this General Assembly didn't rise to that occasion. This side of the aisle, this side of the aisle last year provided a plan that would provide additional funding for education and cut other areas of the budget and we stood ready and willing to work whatever is necessary to meet those needs. This year, we entered the process and we cut, we cut pay raises for employees. We were ready to terminate the entire 'AFSCME' contract for 73,000 state employees. We provided no new programs, no new state troopers. There were many other unmet needs in this budget because we were ready and willing to work and do what's necessary to provide the sufficient amount of funding for education for all children in this state. But we didn't receive the cooperation of you, Mr. Speaker. You, Mr. Speaker, on today, July 2nd, on a day after months of school children all over the State of Illinois visiting Springfield, I believe you pass out, down on the Secretary of State's well, you pass out a little sheet. And it says, 'How to pass a Bill.' And the Bill, I believe, that process says that a Bill goes through First Reading and Second Reading and all Members are...given an opportunity to amend those...that Bill and give an input into their views and their perspectives and an opportunity to do the job of representing the people that sent them here to represent. But today, we have a process, a process that offers after...after two days after the Session was supposed to terminate, we're given an opportunity, only one opportunity to vote for one Bill, a Bill that offers your perspective. And all I would suggest to you, Mr. Speaker, and I direct my remarks at you, no where does it talk about one man rule in this sheet you pass out. Nowhere does it talk about subverting the process. Mr. Speaker, I think 119 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 all of us, all of us care about the quality of education. And this day, I think, should be remembered as a missed op...missed opportunity. And Republicans and Democrats I don't think Republicans and Democrats on this...this issue...party affiliation, party labels should mean anything to us. But let me tell all of you that unless we do something about the quality of education, we sit and we talk about priorities, well, today in this budget, the budget that we've passed this Session, provides for new funding for prisons, a new prison for this state. And let me tell you something else. We're going to be building a hell of a lot of more prisons in this state because if you can't teach a kid to read and write, you can't fill out an application at McDonald's. And if you got to sit around the street corner and you can't read or write, you can't get a job, you're going to get in trouble. And if you're going to get in trouble and you go to jail, you're going to have to build more prisons. And it's that simple. But we have an opportunity today to make that different. And I tell you, there shouldn't be any smiles in this room today when we vote for this Bill because you're not talking about one party having a political advantage over another party. What you're talking about here is an opportunity to give something back to our kids and we're not going to do it in this Bill. You know we could take, as one previous Speaker said, he rated this a 'B'. Our kids deserve better than a 'B'. Our kids deserve the best in this state and we should stay here until whatever's necessary, time wise, money wise, to do the best job for the children of Illinois and we haven't done that here. The Speaker, two nights ago, said rise up and reject the Chicago White Sox. I would ask all of us to rise up and reject this report and let's do something for kids and let's get serious about the kids of 120 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 128th Legislative Day Illinois."
"Representative Jones."
"Thank you, Mr. Speaker. I rise in support of Senate Bill 1839. The parents of Chicago have input in this Bill and they have control that they have requested and begged for over the years. I sat in the back. I sit in there for almost three and a half weeks with different groups that came down and different parents that came down with Members on both sides of this aisle. This Bill is not the Legislature's Bill. This Bill truly belongs to the people of Chicago. The people came to Springfield and they sat for hours to work on this Bill. The principals have control, the parents have control, and teachers have control. I have two grandchildren in the Chicago School System. I feel that the children in my district will gain from this reform package. And above all, I could not vote for a package, a reform package, take it back to District ll with the Governor of Illinois being...having control over Chicago School System. I want to thank the Legislators who sat back there for hours. I want to thank the co-chairmen that sat back there for hours. I want to thank you for the parents and the children of District 11. It seems to me as I've been listening to all of the talk and I think some of it's sincere, that the only problem with my colleagues across the aisle is that Governor Thompson didn't get control of the Chicago School System. I'm glad he does not have that control. I'm glad that the parents and the community leaders where I live have that control. I want you to know I live in Chicago and I live in what they call the ghetto. All children in Chicago do not hang on street corners. All children in Chicago do not live or end up in the prisons that you build downstate. We have children that come out of the Chicago School System 121 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 that go to college and they become lawyers and doctors and state reps. So I think it's an insult to say because you do not approve of this reform package that it's going to hurt every child in the City of Chicago. I'm the first one to say this is not a perfect reform package. Believe you me it's a damn good start and I approve of it and I'm proud to...to vote 'aye' on Senate Bill 1839."
"Mr. Black."
"Thank you very much, Mr. Speaker. Will Representative Levin yield for a very brief question?"
"The Sponsor yields."
"Thank you. Representative, you're probably familiar with the Chicago School District. It's a very unique district. I think there are only five or six charter districts left in the State of Illinois and they have some very unique powers under the charter school district organization. Let me just ask you a couple of simple questions. Under that charter district, who appoints the Members of the Board of Education?"
"The...under current law, the Mayor of the City of Chicago."
"Thank you very much. The Mayor appoints the Board of Education. Thank you. Under your plan, who appoints the majority of the oversight committee?"
"The oversight committee is split."
"No, no. Answer the question. Who appoints the majority of the oversight committee under your plan?"
"The...there are seven members, three..."
"The Mayor of the City of Chicago. Thank you very much, Representative. Let me make my point. Let me make my point, Representative, thank you. You knew the answer to the question as well as I did. Is there...is there any reason, then, and laugh if you will, Sir. I've spent a 122 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 little time in the classroom, I think more than you. Is there any reason..."
"Mr. Black, Mr. Black..."
"I'm sorry, Mr. Speaker."
"Mr. Black, could you proceed, Sir?"
"Thank you very much. Why then, would you ask, why then would you posture, as many of us will do the same, posture, that goes with this process, I guess. Why, then, would you ask that perhaps someone else after all these years should have the majority appointment authority on an oversight committee? Mr. Speaker, to the Bill, if I might. I don't rise in opposition to this Bill. Not at all. On the contrary, I would like to support it. But I must rise in opposition to the process as I think many of you would as well. You know an earlier, an earlier Speaker said that people on this side of the aisle don't care about education. I know that's a generalization and I know it goes with the process, but that hurt me because I've spent 22 years of my life as an educator. I'm a parent of two children who are graduates of the public school system. This is not a perfect society in which we live. But let me remind you of something, you don't read any stories about people lining up to leave this country. You don't see anything on the television news about boat lifts or air lifts of people leaving the United States. On the contrary, you see and you read about people who risk their lives to come to this country. I think perhaps we've forgotten the boat people of Cambodia or Vietnam, many of whom died trying to find the opportunity that this country has offered for more than 200 years. Many of you might forget the Cuban refugees who came to this country and again at risk of life and certainly loss of all their property to find opportunity and while not all of them have 123 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 reached what goals or objectives they may have hoped to find here, I would submit to you that many of them have. And many of them have because of the educational system and process that this country makes available to the people who live here. This is not a Chicago issue. It even transcends the State of Illinois. The process of education is one of the most important processes that we can debate, that we can talk about, and that we can lend our support to. You know, in twelve years, we'll enter the 21st century and yet our drop out rate in the State of Illinois is at 25 percent, perhaps even higher. I don't know what those people are going to do. I don't know how our society will assimilate them. While we sit here posturing, while we sit here and argue some kind of philosophical difference which I doubt that even is really out there, there are children in many countries in this world in school today. Their summer vacation is a little bit shorter than what we have. Reform, I submit to you in Chicago, who live there, know whether or not this is reform. I hope that it is. I pray that it is and I wish you God's speed in making education reform and education the true opportunity it can be and it must be and that's not just for the people of Chicago, that's for my district and every where else in the State of Illinois. For we don't have much more time to play our games and do our posturing if this country is to survive. I leave you with a quote, and I apologize because I cannot remember who said it, it isn't mine. I wish I could give you attribution. 'If a nation expects to be ignorant yet free, it expects what never was and never will be.'"
"Representative Davis."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I'd like to say, first of all, it was a very tedious 124 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 process mapping out this piece of legislation. Parents, businessmen, and Legislators met in Michael Madigan's office for weeks on end. Speaker Madigan was kind enough to invite some Republican Members in to share, to listen, to observe, and what did they do? They came in, they sat, they listened, then they ran out and attempted to draft their own Bill, based not upon what those parents from Chicago wanted, but based upon what they felt would be an opportunity for Governor Thompson to control. In all of the deliberations that took place, in all of the tedious conversation and all of the dotting of the I's and the crossing of the T's, the end process means we do have the beginning of true reform in the City of Chicago. I feel that parents have an opportunity to select their principal is crucial. They have that in this Bill. I feel that principals being based on a performance based contract is crucial. I ask you why should a Governor be in control of a system in Chicago, a Governor who could not even get the number of votes needed for a White Sox stadium? The Governor had to depend upon the people from the City of Chicago for that vote. I think that the Mayor of Chicago would be much more concerned, he would be much more caring about what happens to those children. It is my belief that if we're going to truly educate children, then we must live up to the Constitution of 1970 stating that the State of Illinois provides 51 percent of the funding. A lot of people feel that if you select people to sit on a board or if you decide how many people sit on that board, that you really have an interest in reforming education. Well, the people in that back room were more concerned with bringing the power down to the parents and also demanding responsibility from those parents. Parents will now have to be much more observant of what's going on in the school. 125 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 They'll have to be much more concerned with where those dollars in that school, how they're being spent. As far as a supernumerary goes, Lou Jones asked me did I have it, whatever it was. If so, don't sit by her. A supernumerary is a teacher who has taught for a number of years. She has committed and dedicated herself to teaching. She is not a substitute. She has met all the requirements. She's passed all the tests. She's been in this system usually 15 or more years, has a rating of superior, excellent, or satisfactory. She becomes supernumerary because a shopping center is built in the community where she teaches, or stadium, and the population decreases. Therefore, that classroom that he or she taught in, the number of students will decrease. Should we say to that teacher, 'You're out on your own. You don't deserve the protection of the system. Even though you have chosen to commit yourself every day. You're not a substitute, you're not an FTB'. I say that that supernumerary deserves the protection that Senate Bill 1839 gives her. To those...or he...to those of my colleagues with whom we shared some sharp words, I apologize. To...well, not everybody. I feel that...I feel that the parents who came down here eventually realized that Monique Davis has their best interest at heart and also the best interest of their children. We didn't sit in Michael Madigan's office for hours in order to go back and draft a Bill of our own. We wanted to be team players. We wanted to let the parents of those children help us make the decision of what's best for their children. I commend all of you and I'm proud to have shared in that Let's pass Senate Bill 1839."
"Mr. Ropp."
"Thank you, Mr. Speaker and Members of the House. process. About a year ago I attended a meeting in another state where there 126 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 were some 600 people. There was a young man who was the Speaker. He was six years old. They even had to get a box for him to stand up on SO he could even reach the microphone. It was not I. This young man said, 'You know, I could be president of the greatest corporation in the world. I could be the greatest scientist, the greatest doctor, or the greatest President of the United States.' And he looked out over this group of some 600 teachers and said, 'It's going to be because of you as to what I will become and the ability that you have to teach me.' And the educational opportunities that we have in this state is fantastic, greater than we even anticipate. And I want to support a school reform package for the City of Chicago. And I've said any number of times in this particular situation we need to establish some minimum class sizes for kids just beginning school from kindergarten through third grade. And, Mr. Speaker, I even have spoke to you about this and I think you even agreed. But what you said is that it's going to require too much money. And if the dollars that we have in this state cannot be spent for young people in preparing them for life, for living and for working opportunity, then what are our dollars good for if we can't spend those kind of dollars, if it takes more to have the...very best educational system for maybe not 20 in the classroom, but if scientific research says 15, then we have lost an opportunity by not going to 15 because these are our kids that we are attempting to deal with. The biggest tragedy that we have in this Bill today as I see it, and first of all I want to commend those parents that have come down from Chicago and those administrators for whatever happens here today. We have the kind of involvement that frankly we should have had for all these many years because of the some 500,000 students that we 127 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 have in Chicago each freshman class will lose 50 percent of them before they get through with high school. It is a tragedy that many of those people fill our prison system because they are the products of the Chicago School System. It is a tragedy that a majority of the people on welfare in our state are a result of the Chicago educational system. It is a tragedy that many of the people who are unemployed are a result of that educational system. So we have a tremendous opportunity here to turn the tide to make that system become the very best whereby we can create an environment for excellent learning SO that those young people can be the very best that they can. And, Mr. Speaker, why is it if we have another 50 percent soon to drop out, why are we willing to delay that process another year and to allow that to happen? The problem is serious. We in this Body should not accept one more year delay. The time is now. For as a fellow who once said, by the name of H. G. Wells, 'History is a race between education and catastrophe.' Thank you."
"Mr. Shaw."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise in support of Senate Bill 1839, but the previous Speaker, I take issue with him and I'm glad you recognized me right after he sat down because maybe he, too, is a product of Chicago School System that he can...when he tell the people of this state that half of the welfare system is a product of the Chicago School System. That's erroneous and maybe whatever school system you attended, maybe you should go back. But we talk about 1839 in the process here. I think that the parents...the parents and the people that come down and worked so hard on this piece of legislation along with Representative Huff who's been trying to get this reform for the last six years 128 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 that I've been here, but those parents who came down and wanted some real input into a school system where their children attend. Some people have said, some Members of the House said we have given the parents too much authority and they don't quite understand how to run the system. They understand....understood well enough...maybe they didn't, but they sent us here, those same parents, and they understand how to get you out of here if you don't do the right thing. And you should be mindful of that and I think it's taken too much...for granted when you accuse the parents who votes for you on one hand, but yet they don't know what's best for their children on the other. If you don't vote for this legis...this piece of legislation and they send you back here, maybe they don't know what they doing. But and this is basically in every district in Illinois. But I think that the issue is not about the children. It's not about the children. And the other side of the aisle would like to have you to believe that they are concerned about the little children of Chicago. They're not concerned about that. What they are concerned about is 2.3 billion dollars, who's going to get the contracts. That's the issue, the real issue that they are concerned about. Of course they won't tell you that. They'll tell us about the children. That's a smoke screen. The...for the first time in memory, the children...the parents of Chicago have some input into the curriculum, what's good for the...to go into that system. And I think that's good because the system that we have there now is evident that it's not working because some of those same people on the other side of the aisle have stated that you have a high drop out rate. And certainly, certainly, there's a lot of...parents have had a lot of input into 18...Senate Bill 1839. And they know what's good for their 129 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 children. And many times they have tried to get the...the curriculum changed in the school and to no avail. We have a board that's sitting there that don't listen to the parents, don't care. That's their attitude. 1839 will take care of that. Certainly we can't...we didn't get it as we would like to have it, effectively immediately, but I'm relieved to know that we have some relief coming and I don't mean from the state and I don't mean by form of the State Treasurer. I mean in 1839, the parents have some relief coming. And I want to see this implemented and I urge all of the people in this Assembly, both this side of the aisle and the other side of the aisle to support this legis...this piece of legislation. The...some of the people have talked about labor. Certainly it's...it's the policy of the other side of the aisle to get rid of labor unions. Well, I'm not one of those who want to strike a death blow to labor unions because I know what happens to people in this country when they strike a death blow to labor unions because we basically work for nothing and have no job protection and certainly I want the people to earn a decent living. I want them to produce and the labor union in this case is not the primary problem. The primary problem is the fact that parents have never had no real input into this system and I urge the passage of 1839."
"Mr. Kirkland."
"Thank you, Mr. Speaker. To affect school reform in Chicago you need to do two things. You need to bring a good system to the children, but you also need to bring prepared children to that system. The Bill we...we debate today seeks to begin one half of that reform, that half to improve a school system to be provided for the children. Our Bill, this Bill may be a good Bill, a good start, or it may be inadequate, but I guess we all acknowledge it is a 130 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 start. The half of reform that we fail to address today is that second half, making sure we bring prepared children to this system and as much that and with alarming percentages, making sure that kids come to school at all. Everyone in this chamber knows that the 1985 school reform package without adequate funding has been a sham, that we passed program to give preschool education to at risk children estimated at some 112,000 and passed programs to address the alarming Chicago school drop out and truancy problems and then failed to adequately fund that program and there...thereby failed to implement it...implement them. I think we've failed this year because of a Speaker with interests other than the best interests of all the children of Chicago. He's remained unconvinced, that's been the refrain, and we all only speculate at a number of reasons why he says that. We have failed because of a Governor who's been willing to send mixed signals around election time to doom his government to inadequate funding at least for education and critical human services and, most disturbing, I think we have failed because of those two leaders who would rather stand together and save their best arm twisting for a baseball team rather than for the children of Chicago in the State of Illinois. I think we have failed this Session even if we pass this Bill for all our school children, but especially for the beleaguered Chicago school children, by addressing only half of the reform issue. And what we do today will have little or no meaning until we address that second half."
"Mr. Turner."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. I'm going to try not to talk too long. A couple of my colleagues said that they've seen me writing the speech for the last two days. Actually, I started out this 131 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 speech writing against this Bill and SO I had to do a little scribbling in terms of changing some things so bear with me. The question before us this evening is, 'How do we better educate our children?' I'm not a school teacher, never had an education course and so I don't claim to have all the answers. But I do have two children in school. I believe that my wife and I are doing a wonderful job of educating them. And I'm using the same methods that my parents used on me, that being strict discipline and careful monitoring of my study habits. Neither of my parents had high school education. In fact, my dad did not finish grade school. Their four sons didn't do too bad. All graduated high school, all attended college, and the youngest one will start this fall. I say this because there were no parent councils telling them, nor the teachers what was necessary to educate their children. In fact, the only parent council was the two of them that met daily in the... Turner household to see to it that the homework was done and that those kids were prepared the next day for school. I understand that the socio-economics of our household was not atypical of the majority of the Chicago school population, a population that is 85 percent minority and largely headed by a single parent household. I have met with many parents over the last six months regarding this issue of school reform and some of those same people were present here in the Speaker's Office as we tried to draft this legislation. I agreed with them on most of their points except the Oversight Board and if I have your indulgence a moment, let me explain why I differ on the Oversight Board. During my political tenure here I have noticed a significant change in the political make up of the City of Chicago. Keep in mind that the population of the city has also changed considerably. I think we all 132 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 know the racial shifts. During this spanse, some six years ago, we created an RTA Board to take control of the CTA. Next there was a move to take control of the McCormick Place Board. Then there was a move and a School Finance Authority set up to control the Chicago School Board. There were unsuccessful attempts to take over the Chicago Park District, to take over O'Hare... Field, and fortunately with the help of the late Mayor Harold Washington and his influence, he saved those two bodies and I'm afraid if we stay here any longer that there may be further attempts to take control of them. There was before us another attempt to add another layer to the Board of Education, this Oversight Board. Keep in mind the Governor's Republican now and he could very well be a Democrat in a few years as we all hope. So my objection to the Oversight Board is not only restricted to the partisan nature of the situation, but it's aimed at what I see is a deliberate attempt to take control of the City of Chicago away from the people that live there. My message is to the parents and I would hope that the parents of the Chicago school children see the light. I think it's good for the parents and organizations that were down here trying to put Senate Bill 1839 together to see just how government operates. You've heard the saying, 'There are two things in life you don't want to see, one is how sausages are made and the other is laws.' And if...and if the way we have played with this legislation over the last couple of days is any sign of how this Bill is going to be implemented, we're in trouble. I urge the parents to take control of your children's minds. It is ultimately up to you to educate your children. Charity starts at home and remember, a mind is a terrible, a very terrible thing to waste and I urge a 'yes' vote on Senate Bill 1839." 133 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day
"Mr. Williams is the last July 2, 1988 person seeking recognition and then we will recognize Mr....Mr. Anthony Young to close. Mr. Williams."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the Body. I rise today in support of Senate Bill 1839. Over the past year, I've managed to talk to, work with, learn from, and be a part of the activities and concerns of many parents who live in my district. I may represent if not the poorest, one of the poorest areas in this state. It's a high drop out rate, high crime rate, a lot of problems that exist. I've had a lot of experience that brought me here. I am a product of the Chicago School Systems from day one. I started out in kindergarten, straight through high school, even stayed in Chicago through college. But I do feel right now there is a problem in that school system, a problem which we must address and a problem which we try to address here as best we know how. I don't pretend to stand here today and tell you that the solution that we give will absolutely guarantee that every person in that school system will learn how to...will be able to learn properly and move forth. I can't do that because I'm no magician, I'm no what you call 'hear sayer', but at the same time, I'm a person who believes in the honest efforts of the parents and the students who do believe that their children have a right to learn and that they should have that opportunity. I believe that this Bill affords that opportunity. Once as an attorney, I represented a parent in a law suit against a principal in the Chicago School System asking for greater input by the parents. That parent was sued by a principal because of the fact that they insisted upon greater input because their children were not learning. The Chicago Board of Education did everything in its power to resist that parent. Here today 134 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 We stand up for all those parents. We stand up to say that you not only have an obligation, you have a right to be a part of this school system. You have a right to stand up for your children. You have a right to be a part of any system and to make any decisions that's going to affect how their lives are going to be made and what's going to come of those children. And I applaud the efforts that we've put forth here today and I say to my Republican colleagues on the other side of the aisle, whether you agree or not, I think the sort of issues that you are raising are just...if you believe in what the Bill does, if you believe that the parents have a right to local control, if you believe that we should try to bring in as much parental input as possible, whether or not the Governor is going to be in control of it should not alter you from doing what's right and that's supporting this package. Don't stand there and say that our best efforts just aren't good enough when you are putting forth no effort at all in terms of how your votes are going to be because the reality of it all is this. We must do something and we must do something now. This Bill represents the best effort of all the parents and all the groups in the City of Chicago and all I can say in closing is this. We will only know the rightness or wrongness of what we do as time go on and I hope that all of you will think that working with us to create a better system is better than holding your hands against what you can't control simply because you want to take control of the dollars and cents. Give our parents a chance, give our system a chance, give our city a chance. I urge an 'aye' vote on Senate Bill 1839."
"To close the debate, Mr. Anthony Young."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I feel privileged to have the opportunity to close 135 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 this debate and to respond to many of the points raised in debate by Gentlemen from the other side of the aisle. Some of those points, I think, were legitimate concerns about the Bill and I'll address those first. The most talked about point in this Bill has been that famous word supernumeraries. Well, Gentlemen across the aisle, maybe if I use another word, you'll understand better what those supernumeraries are. Have you ever heard of reduction in force or risk? If you look in your own downstate code, you'll see that you protect tenured teachers who are displaced because of a decrease in students the exact same way this Bill protects those teachers in Chicago. We call them supernumeraries, in the downstate code they're called risk. They're one and the same. Both sides agree that there are approximately 250 in the City of Chicago and they generated about a minute's worth of debate each. Well, Gentlemen, there are 29,000 teachers in the City of Chicago SO when it comes to the seniority provisions in this Bill, make no mistake about it, the principal under this Bill will have the right to select the teachers of his own choosing and to fill his own vacancies. Now Ladies and Gentlemen of the House, let me discuss some of the other points raised, some of the political points. I'm glad to see so many of the parents that worked so hard on this Bill in the gallery. As we sat back in the Speaker's Office and discussed this Bill, we said, 'Politics will come to play.' If you listened to debate today, you heard some of politics at its very worst. I was glad you were here to hear it. You heard people talk about Republican care for children. Since my time in this General Assembly, Republican care and children in the same sentence is an...is anomoly. I haven't seen it. We talk about a Secretary of Education, that's right, a Secretary of Education who comes here to 136 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 criticize our schools, to criticize our schools when every year for the last eight years the amount of federal dollars which the school so desperately needs gets decreased. We have a Governor who refuses to send the dollars to the schools that we need. And we have Gentlemen on the other side of the aisle who stand up and say, 'We had the opportunity for greatness and you failed.' Did he say, 'You failed because no money for early childhood development?' No, he said, 'You failed because you didn't give the Governor control of the Oversight.' You talked about input into the process. Well, when the Speaker's door was open for the Republicans to come in, what did they do? They introduced a Bill. Did your Bill deal with children? Did it deal with early childhood development? No. It split up the system into seven districts. So your vote, if it's not green, is political not because this is a bad Bill because the crafters of this Bill, the people who know education, know this is in fact a good Bill. One of the Gentlemen on the other side talked about needs for the children. Well, I'll tell you, just putting the parents in the school with the authority they have in this Bill is going to do wonders in my opinion for the children. Giving the principals the power to control their own staff, including the engineers, is going to do wonders for the educational programs for the children of the City of Chicago. And most important, the involvement that we seen by all these groups who've been down here two and three weeks, the involvement that they have pledged to continue will improve and help the children in the City of Chicago. And finally, one of the Speakers said, 'It's a shame we have to wait a whole year.' I couldn't agree more. Give us some of your votes, you who are sincere about the education of the children, let us put 71 votes up there and 137 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day this can go into effect immediately. July 2, 1988 The children want it, the parents want it, those of you who are sincere about education know this is the most important revolutionary first step. So don't be political. Recognize change for the better and acknowledge it with a green vote. Thank you."
"The question is, 'Shall the Second Conference Committee Report on Senate Bill 1839 be adopted?' Those in favor signify by voting 'aye', those opposed by voting 'no'. Mr. LeFlore to explain his vote."
"Thank you, Mr. Speaker. I rise in support of 1839 because over the past couple of weeks I've seen a lot of parents participation, business participation, and the people from Chicago had a lot of input. My concern about education is that we take a package back home where Jimmy can learn how to read and write. We have too many youngster in our school system who have been mis...cheated for education and I feel this is a start. So what I'm asking you to do is cast your green vote for Senate Bill 1839. Thank you."
"Mr. Tate, for what purpose do you arise?"
"Thank you, Mr. Speaker. In the event this gets the requisite number of votes, we'd like to verify the Roll Call."
"Mr. Preston to explain his vote."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The only reason I rise in support of this Bill to explain my vote is to allow time for some more good green votes to be put on this Bill. I've been in this House of Representatives for almost ten years. In that period of time, I've seen many Legislators work very long, difficult hours on many legislative problems, but I have never in those almost ten years seen the kind of work and effort and 138 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 energy expended by citizens of Illinois and citizens of Chicago on a problem that confronted them. These weren't paid lobbyists or lobbyists for the City of Chicago or for the...one of the unions or agencies. These were concerned parents who came to Springfield because they were intimately concerned about their children. People like Fracoise Friedman who all of us by now know, Ted Oppenheimer and many other parents who came here and worked for weeks and hours and days at meeting after meeting after meeting because they thought not that this was the best Bill that people could conjur up, but that this was the best Bill that could receive the requisite number of votes to be enacted into law. This doesn't solve all the problems. This is the beginning and where did it ever say that we had to, in one piece of legislation, solve so complex a problem as the education of children in the City of Chicago? This is a beginning, a solid, decent start on solving that problem. I urge you to add some more green votes to the board and to pass this first step, Senate Bill 1839."
"Mr. Kulas to explain his vote."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I've spent many long hours on a task force working on the so called Chicago Reform School Package. It wasn't an...easy task. It was a lot of hours, a lot of arguments, a lot of ideas, a lot of hard work went into this package. I have to agree with some of my Republican colleagues that this Bill does not go far enough, but not for the same reasons. Their reasons are political. My reasons are otherwise. But this is a Bill...it's a Bill that goes in the right direction. I'm going to support this Bill because it gives local control. Now, one thing that we can't legislate is parental responsibility. I've said this 139 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 before and I'm going to say it again. In this Bill, we give the parents of the children of the City of Chicago a lot of power. We give them a lot of responsibility. We've done our job as Legislators, now it's up to you, the parents, to take that ball. The ball is in your court and I wish you the best of luck."
"Okay. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 68 'ayes' and 37 'nos'. Mr. Tate, Mr. Tate."
"Yes, Mr. Speaker. We'd still like to persist with the verification."
"The Clerk shall poll the absentees."
"A poll of those not voting. Ronan. No further."
"Mr. Tate."
"Thank you, Mr. Speaker, I...I see the train's on the track so I'll withdraw the verification."
"On this question there are 68 'ayes', 37 'nos'. The House does adopt Conference Committee Report #2 to Senate Bill 1839 and the Bill having received the required Constitutional Majority is hereby declared passed. Ladies and Gentlemen, if you could bear with us, we have one more item. House Calendar Supplemental #5. The Chair recog...House Bill 3543. The Chair recognizes Mr. Leverenz."
"Thank you, Mr. Speaker. I would move for the concurrence of the Conference Committee Report of 3543. It contains the budget for DECCA with the add ons of $538,764,700. Elementary and secondary education, we had two Bills, they are now in this. One Bill is $1,345,213 and the second part of the education funding is $1,832,381. I move for the adoption of the Conference Committee Report final action." 140 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1988 128th Legislative Day
"The Gentleman moves to concur in Senate Amendment #1 and Senate Amendment #2. The Chair recognizes Mr. Dunn."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would just like to point out to the Members that this Bill does include 18 million dollars to fund the White Sox program which allegedly passed this chamber the other night and I don't think it did, but be that as it may, the funding is in here. If it was such a good deal, the funding would be free standing. The funding is not free standing, it is tied to educational funding because the General State Aid appropriation is in this Bill as well. That is clearly an effort to...to put the White Sox in the package to be carried by educational funding and it just puts one more burden on the back of education which seems to carry a lot of things including the funding of many, many programs because the retirement system is underfunded and education is underfunded and I just am not going to vote for this Bill because of the White Sox funding in here. I don't believe the Bill passed and I don't think an appropriation is proper for that purpose. So, I urge a 'no' vote. It may be the only one up there, but I'm voting 'no'."
"The Chair would advise the Members that this matter is required before we leave. This is a significant appropriation and you should remain in the chamber. The Chair recognizes Mr. Mays."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. As the Speaker indicated, this Bill will spend roughly 4 billion dollars and that's about 20 percent of the state budget right there. So I appreciate your attention. And it does have some things in there if you look through it that maybe some of us would...would rather 141 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988 not see, but I think that you understand, everybody in this room understands that the budget of all things in this chamber is a product of compromise. It is a product of give and take. There are needs, definitely, that are not going fully met, but we have to balance those needs against the Body's and our constituents' ability and willingness to pay. I believe that if you look into this Conference Committee Report, you will see job training money, waste water money, weatherization money, money for education and the elementary level both split equally between categoricals and general state aid. I, therefore, rise in support of the measure and would ask the Members to concur."
"The question is, 'Shall the House concur in Senate Amendments #1 and 2 to House Bill 3543?' Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 84 'ayes', 14 'nos'. The House does concur in Senate Amendments #1 and 2 to House Bill 3543 and the Bill, having received a Constitutional Majority... Constitutional Three Fifths Majority is hereby declared passed. The Chair recognizes Mr. Cullerton for a Motion."
"Thank you, Mr. Speaker. I move the House, Rule 4383 be suspended SO that House Resolution 1726 may be considered immediately."
"The Gentleman moves for immediate consideration of a Resolution. The Chair recognizes Mr. McCracken."
"It's probably the Adjournment Resolution. We don't recognize the number, but would you tell us what it is?"
"The Resolution?" 142 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day July 2, 1988
"Another example of our being left in the dark. What does this one do?"
"It's being passed out. I want to avoid partisan wrangling in November when we do this rules change because in November we'll know who's the minority party and who's the majority party so it's better to talk about the rules change before that time when we don't know who's going to be in the majority or the minority."
"I'm glad I didn't have to ask for the explanation. But would you, would you tell us what it does?"
"Well, th the Motion requires 71 votes so I need your help on this. It just says that the Minority Leader shall be the Member of the numerically strongest political party other than the party to which the Speaker belongs who receives the highest number of votes in the election in which the Speaker is elected."
"I'm glad you chose to...finish the year up on a good note, John. I'm not sure what the purpose is. If it's someone's idea of a joke or something, but we are not going to be considering this. We object to this Motion for immediate consideration and I would ask you to have a little...a little more consideration than doing something like this at the end of the Session. I know you're smiling, Mr. Speaker. I'm sure John's smiling. I can't see him over there."
"The Chair recognizes Mr. Cullerton."
"Yes, for the spirit of bipartisanship, if we don't have your support, I'll just take it out of the record and we'll consider it in November."
"Darn nice of you."
"Thank you."
"The Chair recognizes Mr. Daniels for the purpose of an announcement. Will the Members please give 143 128th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE their attention to Mr. Daniels?" July 2, 1988
"Well, we of course knew that you were going to do this because you know that there are no secrets around here. But, of course, this Body does have a right to select its Speaker and I would just say, Mr. Speaker, I guess this tells what happens when you go up against the majority in a very forceful way. We're glad you withdrew it, but we'll have a little bit of say, I think, in the next election who the next Speaker of the House will be. Now...and we appreciate you withdrawing it and your entertainment is enjoyable. The Governor has asked that you all be invited to the mansion for after Session and the party. He also asks to announce that you have to be over 21 to go to this party SO you cannot get in unless you're age 21. You are invited."
"The... Ladies and Gentlemen, before you leave, please, I would like to thank all of the Members and in particular Mr. Daniels for their cooperation during this Session. Also, I'd like to thank all of the staff Members for the very hard work and dedication they have given us during the Session. So thank you to everyone. The...the Chair would ask your indulgence for one remaining matter, Mr. McCracken, on page four of the Calendar, on the Speaker's Table, there's a House Resolution 1604 directing a special committee to establish and carry out the arrangements for the chapel and Mr. McPike moves for the adoption of that Resolution. Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it. The Resolution is adopted. And, again, I want to thank everyone for their cooperation. Have a very enjoyable summer and Mr. McPike moves that the House do stand adjourned. Mr. Clerk, do you need perfunctory time? The Motion is that the House do stand adjourned. Those in 144 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day favor signify by saying 'aye', 'no'. The 'ayes' adjourned." July 2, 1988 those opposed by saying have it. The House does stand 145 REPORT: TIFLDAY 09:19 STATE OF ILLINOIS 85TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JULY 02, 1988 out of the record. HB-3543 CONCURRENCE HB-3543 CONCURRENCE HB-4298 TABEED First Repedi HR-1358 RESOLUTION-OFFERED Adopted HR-1720-RESULUT1ON OFFERED HR-1721 RESOLUTION OFFERED HR-1722-RESOLUTION OFFERED HA-1723 RESOLUTION OFFERED PAGE 87 PAGE 140 PAGE 90 PAGE 80 PAGE 2 PAGE- 2 PAGE 2 PAGE 2 HA-1724 RESOLUTION OFFERED PAGE 90- HR-1724 RESOLUTION OFFERED HR-1725 RESOLUTION OFFERED PAGE ہو PAGE SJR-0093 RESOLUTION OFFERED PAGE 91 $JR-0113 RESOLUTION OFFERED PASE 16- SJR-0114 RESOLUTION OFFERED. PAGE 2 SJR-0144 RESOLUTION OFFERED SJR-0163 ADOPTED Adopted PAGE 72 PAGE 3 HR-1726 Resoluti. ution Offered fered Pg 142 SUBJECT MATTER HOUSE TO ORDER SPEAKER MCPIKE PRAYER FATHER FRANK O HARA PLEDGE OF ALLEGIANCE ROLL CALL FOR ATTENDANCE PAGE 1 PAGE 1 PAGE 1 PAGE 1 AGREED RESOLUTIONS PAGE 1 DEATH RESOLUTIONS PAGE 2 GENERAL RESOLUTIONS PAGE 2 RECESS PAGE Pepresentative HOUSE RECONVENES SPEAKER GIGLIO I Chair py 3 PAGE 3 COMMITTEE REPORTS ΡΑΘΕ 4 REPRESENTATIVE BRESLIN IN CHAIR PAGE 25 SPEAKER MADIGAN IN CHAIR AGREED RESOLUTIONS GENERAL RESOLUTIONS COMMITTEE REPORTS ADJOURNMENT PAGE 90 PAGE 90 PAGE 91 PAGE 9+ PAGE 144 HB 3470 Out of the record HB 253 Contine forence SB1842 Conffrence HB 9220 conafrence SB1795 concurrence HB 3810 conferrence H83085 conferrence pg 2 PJ 4 16 Pg 16 P818 Pg f 24 9245 P148 HB1859 Conferrence SB1581 Conferrenco HB3470 Conferrence pg 66 Pg67 HB 3946 Conference pg 72 OUT of the SB1839 Conterrence pg91 PAGE 1 07/26/88