"Ladies and Gentlemen, the hour of 11 o'clock having arrived, Members should be in their seats. The Chaplain for today will be Father John Ossola from the Cathedral of The Immaculate Conception in Springfield. He is the guest of Representative Curran. We invite our guests in the gallery to join us in the invocation. Please rise."
"Father, You have given all people one common origin and it is Your will to gather them as one family in Yourself. Fill the hearts of all people with the fire of Your love and the desire to ensure justice for all their brothers and sisters. By sharing the good things You give us, may we secure justice and equality for every human being in our State, an end to all division and a human society built on love and peace. In Your goodness, watch over these who serve in public office. Guide them in their deliberations with Your wisdom and love so that people throughout Illinois may enjoy ever greater freedom, security and peace. Amen."
"Representative Ropp, would you lead us in the pledge, please?"
"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. Representative Matijevich, are there any excused absences?"
"Yes, Madam Speaker, on this side of the aisle Representative Granberg is excused absence due to the funeral of his father."
"Thank you. Representative McCracken. Good morning." 1 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 135th Legislative Day
"Good morning. Thank you. Representative Todd Sieben has an excused absence."
"Okay. With that being reflected, all others have answered the Roll Call. Mr. Clerk, take the record. One hundred and sixteen people answering the Roll Call, a quorum is present. Representative Matijevich."
"Madam Speaker, I would like to use the Attendance Roll Call, have leave so that the House Rules Committee can meet at the same time we're in Session to hear Senate Bill 961, House Bill 2102 and the posting notice and distribution so that the Committee can meet at the present time in the Conference Committee room."
"Okay. Representative Matijevich asks that we waive all of the appropriate rules so that the Rules Committee can meet while the House is in Session. Is there leave? Hearing no objection, there is leave by use of the Attendance Roll Call for Representative Matijevich's Motion. Agreed Resolutions."
"House Joint Resolution 225, offered by Representative Kubik. House Resolution 1933, Cullerton. 1935, Keane. 1937, Capparelli. 1939, Black. 1940, Hasara. 1942, Black. 1944, Kubik. 1945, Kubik and 1947, Brunsvold."
"Representative Matijevich."
"By the way, on that last two Bills, I didn't know if I announced them- Senate Bill 961 and 2102. We wanted leave on the posting. Those were the two Bills. I would now move to adopt the Agreed Resolutions, Madam Speaker."
"Representative Matijevich moves to adopt the Agreed Resolutions. Is there any discussion? Hearing none, the question is, 'Shall the Agreed Resolutions be adopted?' All those in favor say 'aye', opposed 'nay'. In the opinion of the Chair the 'ayes' have it and the Agreed 2 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 Resolutions are adopted. Death Resolutions."
"House Resolution 1943, offered by Representative Stange with respect to the memory of Bruce W. Plattenberger. House Resolution 1946, offered by Representative Morrow with respect to the memory of Mrs. Sweetie Carrie Johnson."
"Representative Matijevich moves the adoption of the Death Resolutions. All those in favor say 'aye', opposed 'nay'. In the opinion of the Chair the 'ayes' have it. Death Resolutions are adopted. The Adjournment Resolution."
"Senate Joint Resolution 182. Resolved by the Senate of the 85th General Assembly of the State of Illinois, the House of Representatives concurring herein, that when the two Houses adjourn on Thursday, December 1, 1988, they stand adjourned until Monday, January 9, 1988 (sic, 1989) at 12 o'clock noon."
"Representative Young moves the adoption of the Adjournment Resolution. All those in favor say 'aye', opposed 'nay'. In the opinion of the Chair the 'ayes' have it and the Adjournment Resolution is adopted. I hope you all noted that date, Ladies and Gentlemen. That was Monday, January 9th that we will adjourn to when we adjourn this week. So for those of you who are interested in scheduling... Monday, January 9th will be a time that we come back that week. Representative Ackerman, would you come to the podium, please? Ladies and Gentlemen, we're going to begin this morning on Supplemental Calendar #1. Under Senate Bills Third Reading appears Senate Bill 1214, Representative John Dunn. John Dunn. Read the Bill on Third, Mr. Clerk."
"Senate Bill 1214, a Bill for an Act to amend The Business Corporation Act. Third Reading of the Bill." 3 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day
"Representative Dunn."
"Thank you, Madam Speaker. I December 1, 1988 to move for a green vote on Senate Bill 1214. Senate Bill 1214 is a Bill that needs to be placed in Conference Committee So it can have the Amendatory... or, the anti-take over legislation added to it. So in order to get it out of here today we need pass it, get it to the Senate and get in that posture. So I would recommend that everybody vote for this Bill. The mechanics of this have been agreed to on both sides of the aisle and I know of no opposition at this time. Urge an 'aye' vote."
"The Gentleman has moved for passage of Senate Bill 1214, and on that question, is there any discussion? The Gentleman from Bureau, Representative Mautino."
"I apologize, John, I didn't hear your comments. This is the legislation that's going to be... the Bill that's going to be used for a Conference Committee on the Corporation Act that's the anti-take over provisions?"
"That is correct."
"And it doesn't do anything right now, is that correct?"
"It... No. The Bill originally had very substantial provisions in it regarding liability of corporation directors and an Amendment which was adopted yesterday deleted everything after the enacting clause and made a technical change. So the Bill really doesn't do much of anything at all right now."
"Okay. That technical change had application process, or..." to do with the
"No. If I can find the Amendment I'll tell you."
"Well, that's alright. This is... we will be able to see the so called agreement, correct? Coming back on this Bill?"
"Yes. When the Bill comes back, it will have anti-take 4 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 over legislation, which was discussed in House Judiciary Committee on Monday of this week. The... it received favorable support and... bipartisan support and unfortunately because of the timing of the discussion we were having in relation to a House Bill, we don't have enough time to pass that, so this Bill is being used as a vehicle to proceed, hopefully to completion today. So I would urge an 'aye' vote on this Bill at this time."
"Any further discussion? Hearing none, the question is, 'Shall Senate Bill 1214 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Mr. Clerk, take the record. On this question there are 113 voting 'aye', none voting 'no', one voting 'present'. This Bill having received the Constitutional Majority is hereby declared passed. Senate Bill 2123, Representative Countryman. Mr. Clerk, read the Bill."
"Senate Bill 2123, a Bill for an Act in relation to the sale of securities and the prevention of fraud. Third Reading of the Bill."
"Mr. Clerk, note that it's 2123. Great, thanks. Representative Countryman."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Senate Bill 2123 makes a great number of changes in the Illinois Securities Law. Among the most significant of which are the following: It provides for additional registration exemptions for certain sophisticated investors, such as pension funds, savings banks or entities of which 90 percent or more of the equity is owned by investors otherwise exempt from the registration requirements. Adds to the enforcement powers of the Secretary of State. Permits the Secretary to set fees by Rule and eliminating the statutorily set fee 5 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 structure. Permits the Secretary of State to charge fees for untimely filings, in essence late filings, and establishes a securities investors education fund to receive monies from those late filings to be used for a security fraud awareness program. The detail on this Bill is somewhat involved. I can say that the Chairman of the Judiciary I Committee and... held hearings on this Bill and that's why we held the Bill until now. There were hearings held in Chicago and the Bill is a product of the Secretary's Committee on Securities and that's a bipartisan Committee that recommends passage of this Bill and I think the things that it does in here really present a consumer oriented Bill because it requires that securities dealers have insurance or supply a form of insurance if they aren't under the securities protection insurance corporation. So, I think it's a good Bill and I'd be happy to answer any questions and ask for your favorable Roll Call."
"The Gentleman has moved for the passage of Senate Bill 2123 and on that question, the Gentleman from Cook, Representative Young."
"Thank you, Madam Speaker. Will the Sponsor yield?"
"He will."
"I'm a little unclear on the new registration provisions, especially as it applies to salespersons."
"Well, it's my understanding that what they're doing is, the salespersons, now they don't know who all the salespeople are. So if they register a dealer, now the people who work for that dealer, they'll have to submit names of those salespersons who work for that regulated dealer. And that...the reason for that, which they've told me is, when somebody calls the Secretary of State's Office and they say, 'John Doe tried to sell me some securities last night, is he a registered dealer?' They don't know. 6 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 Because he's working for a registered dealer. So now they want, I think within ten days, a list of all people working... all salesmen working for these dealers. And that's the way this will work."
"Okay. So in effect, the actual salesperson doesn't actually have to register. His name just goes in..."
"He's licensed under the securities dealer who has the license. He's a salesperson for him, but now the Secretary of State's Office will have a current registration of all those people working for a particular firm."
"Will there be an additional fee charged, based on the number of salespersons in addition to the license fee of the dealer?"
"To my knowledge, no."
"Okay. Thank you, Madam Speaker."
"There being no further discussion, the question is, 'Shall Senate Bill 2123 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. This is final passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 115 voting 'aye', none voting 'no' and none voting 'present'. This Bill having received the Constitutional Majority is hereby declared passed. On the Order of Concurrences, Representative Brunsvold appears House Bill 3083. Representative Brunsvold."
"Thank you, Madam Speaker and Ladies and Gentlemen of the House. House Bill 3083 is a farm debt mediation Bill that was passed in the Senate yesterday with one Senate Amendment. Now that Senate Amendment makes the Bill better. Here is what that Amendment will do. It adds to the definition of a farmer by saying 'delivers more than 50 percent...derives more than 50 percent of his gross income 7 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 from the preceding calendar year from farming'. The second item would be defining the one hour attendance agreement and that doesn't have to be an hour if they reach an agreement early. Three, the mediation meetings will be held in the county of the farmer's residence, which is also excellent. Fourth item would be for the director, in this case, Director of Agriculture, Larry Werries, for good cause can extend deadlines for up to 30 days and the last item that would not be a grammatical change would further define the immunity section in the Bill. These are all good changes and I would move that we concur with Senate Amendment #1 to House Bill 3083."
"The Gentleman has moved that the House concur in the Senate Amendments. How many are there, Mr. Clerk? Senate Amendment #1 to House Bill 3083. On that question, the Gentleman from DuPage, Representative McCracken."
"Parliamentary inquiry. This is on the Table, is it not? That Bill was automatically tabled after failure to have final action pursuant to Rule 79(d) and (e)? We have a Motion on the Calendar."
"Oh, we do. Okay. Excuse me. You're correct, Representative McCracken. Thank you. Representative Brunsvold, your Motion appears under the Order of Motions on the Supplemental 1 Calendar, so please make that Motion first."
"Thank you, Madam Speaker. I would then make that Motion."
"Okay. Representative Brunsvold moves that House Bill 3083 be placed on the Order of Concurrence, suspending the appropriate rules to do so. Is there any objection to that Motion? Representative Ropp, do you object to that Motion? No. Okay. Then there is leave, by use of the Attendance Roll Call for Representative 8 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 Brunsvold's Motion. As a consequence, the Bill now appears on the Order of Third Reading and can be now debated. Representative Brunsvold has already described what the Senate Amendment did and what the Bill does. He has moved to concur in that Senate Amendment. On the question of concurrence in the Senate Amendment, Representative Ropp."
"Thank you, Madam Speaker, will the Sponsor yield?"
"He will."
"Representative, with these changes now, what is the fiscal impact that will be incurred by the State?"
"The... In discussions with the Department of Agriculture, Representative, they feel, along with the new federal legislation in funding of 50 percent of match monies from the feds on state mediation programs, that this will cost the state less than the estimated 250,000 dollars that was initially thought to cost with the match monies of 250 coming from the federal government. Larry Werries feels that he can do it for even less than that amount of money."
"So you're saying that it's only 250,000 dollars?"
"It would be... I would say that would be the maximum and in all likelihood would be less than that, according to the Director of Agriculture."
"Next question. Relative to the recent drought that we have been a part of this last season, does this Bill, with the Amendments, improve itself? Do we find ourselves maybe in need of taking another look at the whole debt restructuring situation? Is there going to be more potential needs for this Bill now than even when we talked about it a couple of years ago?"
"With... Yes, with the drought situation, Representative Ropp, and also with the mailing of the foreclosure notices by the federal government, thousands 9 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 and thousands of those, this Bill with the Senate Amendment would be, I think, very important to the farmers of Illinois as far as trying to help solve their financial problems. As you remember, this is not a write down Bill. This is simply a mediation process where you try to get two parties together. And yes, I think the Senate Amendment improves that and the drought situation would even extend the need for this Bill."
"How many farm foreclosures have been sent out by the federal government to Illinois farmers, do you have any idea?"
"I don't know to Illinois farmers, but across the nation...and Illinois being a very high agricultural state...I think the number was over 80,000. Eighty to 100 thousand foreclosure notices around the nation. Exactly how many in Illinois, I do not know."
"Okay, thank you."
"Any further discussion? The Gentleman from DuPage, Representative McCracken. Representative McCracken."
"Thank you, Madam Speaker. I realize there's support on this side of the aisle for this Bill as well. As I read it, this Bill has an immediate effective date, is that correct?"
"I have discussions with the Parliamentarian, he says yes."
"Alright. Well then... Parliamentary inquiry then... Would the vote to pass this require 71 votes, be a three-fifths vote?"
"Yes."
"I don't care. I mean, if it were up to me we'd pass it with 40. The Senate passed it with 30 votes, though, are you aware of that? The Senate did not pass it by a 10 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 three-fifths majority."
"I'm aware of that, Representative."
"Well, don't you think we should correct that?"
"I would like to see 60. If they did it with 30 in the Senate then we should do it with 60 in the House. It's only..."
"That's alright with me."
"It's alright with me."
"I don't think you'll like the result."
"Representative Brunsvold, do you wish to close?"
"Yes. Just to state that this Bill passed the House with 80 votes. Eighty plus votes in the spring. It went to the Senate and improvements were made and with workings with the community bankers, not that they support this Bill, I don't want to leave you with that impression, because they do not. The Illinois Banking Association has withdrawn their opposition to the Bill. The community bankers have had a lot of input into this Bill, yet still do not support the Bill. So I want to make that clear to everyone on the House floor that really the only opposition that I see to the Bill right now are the community bankers. So, nothing has changed as far as that's concerned. However, the Banking Association... the Illinois Bankers Association, they have withdrawn their opposition to the Bill. The Senate Amendment makes the Bill better and I would ask for your support to pass this out on Concurrence and send it to the Governor's desk again. Thank you, Madam Speaker."
"The question is, 'Shall the House concur in Senate Amendment #1 to House Bill 3083?' All those in favor vote 'aye', all those opposed vote 'no'. This is final action. Seventy-one votes are required. Have all 11 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 135th Legislative Day voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 104 voting 'aye', 10 voting 'no', none voting 'present' and the House does concur in Senate Amendment #1 to House Bill 3083 and this Bill having received the Constitutional Majority is hereby declared passed. On the Order of Conference Committee Reports appears House Bill 2102. Out of the record. Senate Bill 2185. Representative Young. Representative Young, I understand that you need to move to suspend the appropriate rule so that the Bill can be heard. Is that correct?"
"I'm not sure, Madam Speaker. I was under the impression we needed a second corrected report. If I'm mistaken, then I would move to suspend the appropriate rule."
Speaker Breslin: "Okay, Representative Young moves to suspend Rule 79(d) and (e) so that Senate Bill 2185 can be considered. Does he have leave? Hearing no objection, by use of the Attendance Roll Call, the Gentleman has leave. You are recognized, Representative Young, to present the Conference Committee Report. Excuse me, to reject the Conference Committee Report."
"Okay. Thank you, Madam Speaker. I move that we reject the First Conference Committee Report on Senate Bill 2185."
"Representative Young moves to refuse the...to recede from the First... to reject the First Conference Committee Report and asks for a Second Conference Committee. All those in favor say 'aye', opposed 'nay'. In the opinion of the Chair the 'ayes' have it and the House rejects the First Conference Committee Report and a Second Conference Committee will be appointed. Under the Order of Motions appears House Bill 1820, Representative Ropp. This is a Motion. You're recognized to present your Motion." 12 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988
"Thank you, Madam Speaker, Members of the House. I move to suspend Rule 79(d) and (e) and place on the Order of Concurrence, House Bill 1820."
"The Gentleman moves to suspend Rule 79(d) and (e) on House Bill 1820 and place this Bill on the Order of Concurrence. Is there any discussion? Hearing none, the question is, 'Shall the House suspend the appropriate rules and place House Bill 1820 on the Order of Concurrences?' All those in favor say 'aye', opposed 'nay'. In the opinion of the Chair the 'ayes' have it and by use of the Attendance Roll Call the Bill is so placed on the Order of Concurrences. House Bill 2102, Representative Cullerton. Out of the record. House Bill 3355, Representative Steczo. You're recognized on a Motion on House Bill 3355."
"Thank you, Madam Speaker, Members of the House. I would move to suspend Rule 79(d) and (e) and place House Bill 3355 on the Order of Concurrences."
"You have heard the Gentleman's Motion. Is there any discussion? Hearing none the question is, 'Shall the House suspend Rule 79(d) and (e) on House Bill 3355 and place it on the order of Concurrences?' All those in favor say 'aye', opposed 'nay'. In the opinion of the Chair the 'ayes' have it. By use of the Attendance Roll Call the Bill is placed on the Order of Concurrences. House Bill 4180, Representative Wolf. Present your Motion, Sir."
"Thank you, Madam Speaker. I move to suspend Rule 79(d) and (e) and place House Bill 4180 on the Order of Concurrences."
"You have heard the Gentleman's Motion. Is there any discussion? Hearing none, the question is, 'Shall the House suspend Rule 79(d) and (e) on House Bill 4180 and place the Bill on the Order of Concurrences?' All 13 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 those in favor say 'aye', opposed 'nay'. In the opinion of the Chair the 'ayes' have it and by use of the Attendance Roll Call the Bill will be placed on the Order of Concurrences. House Joint Resolution 224, Representative Curran. Out of the record. Committee Reports."
"The Committee on Rules has met and pursuant to Rule 29(c)3, the following Bills have been ruled exempt on December 1st, 1988: House Bill 2102 and Senate Bill 961."
"Message from the Senate."
"A message from the Senate by Ms. Hawker, Secretary. 'Mr. Speaker, I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of the following Bills together with Amendments, in adoption of which I am instructed to ask concurrence of the House to wit: House Bills 1279 and 3510, passed by the Senate as amended December 1st, 1988. Linda Hawker, Secretary'."
"Resolutions."
"House Resolution 1938, offered by Representative Daniels and all Members of the House." 'WHEREAS, members of this body are honored to have served with state Representative Kent Slater, who will leave this House to take the bench in the Ninth Judicial Circuit of Illinois; and WHEREAS, Representative Slater's years of service to the people of the 95th District have been characterized by dedication, hard work and a genuine concern for his constituents; and WHEREAS, during his four years in the General Assembly, Representative Slater has been a strong voice in matters regarding the law, both civil and criminal, and was recognized for his expertise by being appointed to the Joint Judicial Advisory Committee; and 14 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 WHEREAS, as a member of the House committees on Judiciary I, Judiciary II, Higher Education, Agriculture, Transportation, Election Law, Elementary and Secondary Education, and Economic Development, Representative Slater has been a voice of reason and moderation for the people of Illinois and, in particular, the 95th District; and WHEREAS, Representative Slater's firm commitment to the representative process and his leadership abilities resulted in his appointment as Republican spokesman on the House Election Law Committee; and WHEREAS, Representative Slater was recognized early in his career as an outstanding leader by being named "Best Freshman Representative" by the Illinois Political Reporter, a non-partisan newsletter of political commentary; and WHEREAS, Representative Slater has been a driving force behind improving the quality of life in Western Illinois; and WHEREAS, the people of the 95th District will continue to find in Representative Slater a dedicated, reasoned representative in carrying out the laws of this land; and WHEREAS, we congratulate him on his election to the judiciary in the Ninth Judicial Circuit and know he will continue serving the people in the same excellent fashion we have come to respect; therefore be it RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE 85TH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS that we do hereby commend Representative Slater for his outstanding achievements as a member of the House and express our gratitude for all he has done for the people of Illinois, and be it further RESOLVED, that we wish Representative Slater the best of luck 15 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 as he begins his first term as a judge, and be it further RESOLVED, that suitable copies of this resolution and preamble be presented to Representative Slater, his wife Mary, and their daughter Jaclyn.'
"Representative Daniels on the Resolution."
"Madam Speaker, Ladies and Gentlemen of the House. Of course this is a Resolution for a person who, shortly, we'll be referring to as Judge Slater. And now to all of us in the legal profession, he's gained an immediate new found respect that maybe we didn't afford him before. Today, we thought it a special honor, Judge Slater, for you we'd bring Judge Greiman to visit with you to make sure you understood. Judge Greiman, Sir. To make sure that you, Judge Slater, understood the nuances of judicial pensions and what your role in the future in the Legislature may be as you sit on the bench determining the future liberties of people that appear before you. Keep in mind throughout your judicial career, of course, that many of us in the Assembly will be watching very carefully and resting with you in the comfort that you are seeking the furtherance of an outstanding career that has been distinguished in SO many fashions already. You know, it was four years ago when Kent Slater joined the Illinois General Assembly. And Kent, as a personal note, you came to us replacing a guy who was very important to me by the name of Clarence Neff. And consequently, your legislative district had a very special meaning to me and to the person whose shoes that you filled. I can tell you that there is no doubt in anyone's mind that you brought continued, distinguished service to the 95th district and fulfilled every dream and ambition that Clarence Neff had for you as you served as a State Legislator. On behalf of all of us, in the times 16 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 when we joke and the times when we jest, and yes, at the times when Members of the Assembly fight, we are, and you should remember, a fraternity of elected officials. A very special group of people that in their service together they carry forth that special tradition that has been fulfilled by those of us that have been privileged to serve in the General Assembly. Always remember our friendship and respect for you. Always remember our dedication to the preservation of laws. And we know that in your continued career that you will continue to fulfill excellence that you have brought to the Assembly. Please give our best to your wife Mary and your daughter. And with the three of you, may you continue on in the tradition that you have set for yourself. Good luck and Godspeed, Sir."
"The Gentleman Homer. On the Resolution." from Fulton, Representative
"Thank you, Madam Speaker. Seeing Judge Greiman here reminds me that when he was here and I was part of the 'A' team that he used to make suggestions that maybe there could be a swap of Homer for Slater, which didn't really bother me that much until Greiman was always talking about throwing in boot with the trade. And... But I've known Kent for a long time and I first really met him when I was at the University of Illinois and I was the President of my fraternity and I had a guy come and visit me who wanted a vote for President of Inter-Fraternity Council, which was a big deal at the University of Illinois and I thought, 'Now that guy's going to end up in politics.' And that guy was Kent Slater. And he got elected and served well in that capacity... this has been a while back and he at that time had one burning issue. He was in the forefront on and had to do with integration, racial integration of fraternities. At that time all the fraternities had one blackball system. 17 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 If any Member blackballed a rushee, then they couldn't be pledged and Kent led the charge against all these national fraternities as the President of the local Inter-Fraternity Council to rid the system of that discriminatory practice. This was back in 1967 or 1968. And I think he's taken those ... those... that pride in civil rights and liberties with him throughout his legal career. He's brought them here and cherished them, advanced them as a Member of this General Assembly and he'll make an outstanding judge in my circuit. And I hope you'll remember these kind accolades should I have occasion... The pleasure of appearing before you, Kent. But I'd like to offer my congratulations and wish you the very best in the future."
"The Gentleman from St. Clair, Representative Flinn."
"Thank you, Madam Speaker. In the few short years that Judge Slater now, has been here, he and I have become pretty good friends and I will say that the people of his district made a very wise choice. One that speaks loud and clear that there's no real necessity for merit selection of judges. The people themselves are doing a good job when they select people like Kent Slater. I wish him well. We're going to miss him around here. Please come back and visit us when you get the opportunity."
"The Gentleman from Adams, Representative Mays."
"Thank you very much, Madam Speaker. Representative Slater, it has been an honor to serve these past four years with you. I had the privilege of being Clarence Neff's seatmate for the last two years of his tenure in the House of Representatives and I know there were a lot of questions that a lot of people had about who's going to succeed and how can anybody ever fill those shoes. I don't know if Kent filled those shoes, I think he kind of brought along a 18 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 pair of his own. And Kent you're truly going to leave some shoes, or footsteps to be filled. I don't know how they're going to do it. I...I..You can count on one thing, I have always been straight with you, even in your first primary. I won't support judicial pensions, pay raises or conferences just because you're a judge now, but I will carry forward, as you see needs arising in western Illinois. Just because you're a judge, please feel free to let us know, cause we've got a very, very large common interest in that part of the state. It's been a pleasure serving with you, Kent."
"The Gentleman from Saline, Representative Phelps. Representative Phelps."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I, too, want to rise to congratulate and with mixed emotions hope you well with your new endeavor. I know we came in the same class in the House and learned that we were more compatible than we were different on issues, and even though you're on the opposite side of the aisle. And I have a lot of respect for you, Kent, and wish you the best and I hope you'll come back and visit us real often."
"The Gentleman from Will, Representative Regan."
"Thank you, Madam Speaker, Members of the House. Kent and I came in together as Freshmen and wound up as seatmates. Some of my votes made him shake his head, some of his votes made me want to go to the washroom. But let me tell you, even though there's some... there's some ideological differences here, this is an honest and true person who believes in what he does. That actually belongs on the bench more than he belongs in the Legislature, because sometimes we have to play games and Kent wouldn't play games. And even after those two years, he still came back down here and sat in the seat that Mr. Stange sits in 19 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 occasionally. And we'd talk, and I want to wish you the best for you and your family forever, Kent, and I hope you do come down again and if you're ever up in our area visiting some of your relatives, please call and we'll get out and we'll have lunch. And I.. we're going to miss you."
"The Gentleman from Macon, Representative Dunn."
"Thank you, Madam Speaker and Ladies and Gentlemen of the House. I, too, rise to bid fond farewell to Judge Slater. You know, I'm Chairman of Judiciary and Kent came in and was a pleasure to work with from the first day he showed up in committee to the last and I would just like to state for the record that as most of us know, this business and its Members don't have the best of public relations. But every once in awhile someone comes along who is a class act, who upgrades the public image of our profession everywhere that person goes, and one of them is going to the bench today. Kent Slater, we'll miss you here, but you've been good for our process and for this business and I'm sure you will reflect great integrity upon the judicial profession during your years on the bench and this Legislator, as I'm sure all of the others, wishes you well and we're going to miss you here. Good luck to you."
"The Gentleman from McLean, Representative Ropp."
"Thank you, Madam Speaker, Members of the House. It gives me a great deal of pleasure to wish Representative Slater, and now Judge Slater, a fine commendation for his work here. I'd just like to remind some of you, I think Kent is a perfect example of a young man who was involved in FFA while he was in High School and eventually attained the post of being State President of the Future Farmers of America and those kinds of activities and the kind of 20 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 leadership that he was able to develop in that kind of program, I think is a good example of the things that we're looking for in young people and those kind of programs we hope do not diminish as we talk about growth and maturity in young people. So Kent, I want to congratulate you for your experience and service here in the Legislature and wish you nothing but the best and God bless you."
"The Gentleman from Rock Island, Representative DeJaegher."
"Kent, sometimes we try to define a person as over and above, and I guess that you would be, basically, a person that I would have to refer to as a class person. I don't know whether it was myself or whether it was my cigarettes, but I know that the time that you've spent down here I've had many visits with you. I always could seek advice from you, and basically, you would not give me that advice as a Republican. I always felt that you had given me that advice as a personal friend. I truly appreciate those visits that you spent with me and when opportunity permitted, again, you took it upon yourself when you wanted a dinner companion, or basically, you wanted to get away from the humble and bumble of the legislative Session, I was your guest. Again, I appreciate what you've done for me. You've been a real person in this House, and hopefully whoever we have to succeed you, because without a doubt, as far as a judge, you will be a representative of the people. Fair-minded and square as you've always been here. Thank you for giving me the opportunity of meeting with you. Thank you."
"The Gentleman from DuPage, Representative McCracken."
"Thank you, Madam Speaker. Kent, I obviously stand up wishing you best. What has impressed me is not only your 21 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 intellectual qualities, which of course you brought to bear on your various committee assignments and your Election Committee assignment as well, but your deep and abiding commitment to your principles which guided your decisions. And that, I think we can all attest to, is not necessarily an easy thing to live by, but you did an excellent job at it and for that reason I find that it's most appropriate that you're going to the bench. You are a devotee of the law. You would rather determine what it is and apply it fairly and equitably and I think you're just going to make a hell of a good judge and I hope I'm never down in your part of the state to find out, but I'm sure that you'll do the right thing by all of the citizens of this State. Congratulations. I think you're making a real wise move."
"The Gentleman from Effingham, Representative Hartke."
"Thank you very much, Madam Speaker. I probably go back with Kent Slater longer than... for more years than anyone here on the House floor, Kent, I don't know. Back in 1961, '62, when Kent was State FFA reporter I was District 4 Director and Kent proved his leadership to a lot of people back then. Then in January of '85 when I came to the House floor, my gosh, I met a friend again, Kent Slater and he's still a friend. I'm want to wish him well in his years and I'm sure he'll be of great service for many years to the State of Illinois in making your decisions. Kent, I... I treasure you as a friend and I wish you well. Thank you."
"The Gentleman from DeKalb, Representative Countryman."
"Well, there are some things that are really hard to do and when you lose your roommate, it's really hard. It's hard to stand up here and say all the things that everybody's already said about one really great guy and 22 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 really good friend, but I think Tim Johnson and I sit over here and we can barely stand up and talk about this... losing our good buddy. We won't know how to get to Sam's without him. We will have to go out and find meals on our own. We're going to have to do all these things for ourselves and you know, its just like kind of having a father image around, having Kent there. But we've always appreciated all the good things he's done for the people of his district. He's always had a good perspective upon the representation of the people that he's with and I've been in his district and been with him in his district. He's probably going to be one of the few judges that drives a pick-up truck. And soon as he gets that gun rack remounted in the new pick-up truck, cause you know a judge can't drive that old of a pick-up truck, maybe he ought to get an automatic transmission in a new one. And now he's going to have to drive himself, too. I mean if he has a beer or two he isn't going to have me to drive him around anymore. So Kent, from your old good friends here, we're really going to miss you. There's too many good things to say about you, but I also think it's a new day in your life. It's a new beginning and a new career in which you will be, as you have been here, at the top of that profession. You'll be one of the brightest and best judges in the State of Illinois and to you and your family, to Mary and to Jackie, we wish you nothing but our best. Send our love. Godspeed be with you."
"The Gentleman from Lake, Representative Matijevich."
"Madam Speaker, Ladies and Gentlemen of the House, Jeff Mays said your shoes would be hard to fill, Representative Slater. I think too often some Members on your side of the aisle thought your shoes were over here, 23 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 and now that you have left, your shoes will be over on this side of the aisle, and I'm not sure your guys like that. But the fact of the matter is, I think that too many people and not in the Legislature, but too many people say that there's too many lawyers in the Legislature. And I disagree with that, because I think it's a truism, and we don't like to admit it, but when some Members get up on the floor of the House to speak, sometimes we listen harder and listen closer when certain Members get up. And Kent Slater is one of those Members, when he would get up on the floor, I would listen harder because I sensed that he would pick out those certain little things that nobody else would pick out. He had that type of, I think, a sensitivity to issues that made him a very important Member of this floor of the House. And when he came here, I said to myself, he can have that seat as long as he wants it. You can tell there are certain Members, when they get here, you know they're going to be here a long time. And so I thought, well, I never want to lose a guy like Kent Slater. Of course politically now, we're glad for you and glad for us, because now we've got a Democrat. But we're glad for you because now you are reaching the pinnacle of your profession. You are in the Judiciary. I get a little nervous. I see Al Greiman here and I asked Lee Preston, I said what's Al Greiman doing here today. He said he's trying to tie the judicial salaries to Lee Iacocca's salary. But we'll try to help him out. But Kent, God bless you and good luck to you. You have been a good, effective Member of this Body. We appreciate that."
"The Gentleman from Warren, Representative Hultgren."
"Thank you, Madam Speaker, Members of the House, Judge Slater. I've not had the opportunity to serve with you as 24 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 long as the speakers who preceded me, but when I came here, perhaps because of the geographical proximity of our districts, perhaps because of the friendship which we shared, I was a keen observer of your actions and your work here in Springfield. And as I reflect upon the observations that I've made and try to summarize those, I think I can say that you were a Legislator with strong convictions and with the courage to act in accord with those convictions. If my colleagues were to say that about me when I leave, I can think of no higher tribute."
"The Gentleman from Cook, Representative O'Connell."
"Thank you, Madam Speaker. I think getting up on the floor at this moment is probably one of my last times to address the Body, but I can think of no more fitting finale than to pay tribute to a colleague, even though he's on the other side of the aisle, but a colleague who epitomizes what is good about being a Member of this august Body. Kent Slater's career is... somewhat parallels mine. We've shared an experience in Viet Nam, we shared the same experience of going to the same law school and of course we've had the good fortune to share the experience here in Springfield as Members of this General Assembly. But I think, as the other Members have paid trubute to Kent... Kent, I think that you have reflected everything that's right about being a member of our profession, as lawyers, and being a Member of this General Assembly. And clearly, you will reflect everything that's right about being a member of the Judiciary. Your integrity, your intellect and your compassion for people that's been manifested in this General Assembly will clearly be shown in a much more challenging... perhaps more challenging, maybe not. But clearly, you can do just as much good on the Judiciary as 25 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day you did in this General Assembly."
December 1, 1988 "Representative Slater, do you have some words to share with us before we hear them from the bench?" "Thank you, Madam Speaker, and thank you to all of my colleagues who have been SO kind in your remarks this morning or this afternoon, whatever it might be. And thanks to LRB for putting together all those accolades. It almost makes me think that... that it's my funeral when you talk about all these nice things and you say all these good things. And one time I recently was with a fellow who I am going to replace on the bench and we were engaged in some of those things that you do over at Sam's and I asked him, 'What would you like to have on your tombstone?'. And he too, was a former Legislator. He said, 'I'd like to have lawyer, judge and politician.' And for many years I fought the urge to be called a politician. But two years ago when Denny Hastert left this Body to go to Congress, he stood before us and he said, 'Never be ashamed to say that you are a politician, because politicians do good things.' And I, for one, am proud to say that I have been a politician. In some ways I regret that the way I'm going in terms of my career prohibits my true participation in politics as I've been immersed in it over the last five years. But to those of you who are politicians, and each and every one of you in this Body are, you truly are a special breed of person and you truly do good things. Be proud that you're here. I, for one, sincerely appreciate the privilege of having served with you in the General Assembly. I appreciate having had the opportunity afforded me by the constituents of the 95th District. To each and every one of you, I wish you good luck. Thank you."
"The question is, 'Shall this Laudatory Resolution be adopted?' All those in favor say 'aye', 26 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 opposed 'nay'. In the opinion of the Chair the 'ayes' have it and the Resolution is adopted."
"House Resolution 1941, offered by Representative Capparelli, et al." 'WHEREAS, Representative Joseph Berrios has been elected Commissioner of the Cook County Board of Tax Appeals; and WHEREAS, Representative Joseph Berrios has served District 19 in the Illinois House of Representatives since 1983, and he has the distinction of being the first Hispanic elected to the General Assembly; and WHEREAS, Born in Chicago, Mr. Berrios was educated at the University of Illinois, from which he graduated with a degree in accounting; and WHEREAS, He has served as chief clerk of the Cook County Board of Appeals in the past and, thus, is well prepared for the work he will be undertaking in his new job; and WHEREAS, During his tenure in the legislature, Representative Berrios has served with dedication on the Committee on Human Services, of which he was vice-chairman; the Executive and Veterans' Affairs committees; the Transportation and Motor Vehicles committees; and the Task Force on Immigration; and WHEREAS, Joseph is married to Elsa, and they have three children; and WHEREAS, Joseph Berrios will be missed by his colleagues in the Illinois House and Senate, but he is eminently qualified to do a superb job as Commissioner of the Cook County Board of Tax Appeals; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we heartily 27 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 135th Legislative Day congratulate Joseph Berrios on his election to the prestigious office of Commissioner of the Cook County Board of Tax Appeals; that we commend him for all of the excellent initiatives he has brought to the House of Representatives and for the encouragement his presence in that body has given to other Hispanic citizens; and that we wish him success and luck in his new endeavors; and be it further RESOLVED, That a suitable copy of this preamble and resolution be presented to Representative Berrios with our very warmest wishes.'
"The Gentleman from Cook, Representative Capparelli, on the Resolution."
"Thank you, Madam Speaker, Ladies and Gentlemen. First of all, I'd like to correct one thing. Joe just told me he's from the Ninth District, not the Nineteenth District. But Joe, we're going to miss you in this aisle. You've been a great friend, a personal friend. You've done a great job down here and no longer will we call you 'Representative', we'll be calling you 'Commissioner'. And I'm not going to say goodby, because I'll be seeing a lot of you, especially back in Chicago, so I just want to wish you the best of luck. You've been a great guy and we'll miss you here. Thank you."
"The Gentleman from DuPage, Representative McCracken."
"Thank you, Madam Speaker. And Joe, we came in together and I've got to know you up in Chicago, down here and even on the ballfield. You know, Joe was our prime catcher for years. But we've both gotten a little too old for that and I guess we're sacrificing our positions in favor of younger members. People who are more mobile so they can beat those Senators, year in and year out. Joe, 28 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 you have distinguished yourself both here and in your job as an employee at the Board of Tax Appeals. As George Bush said about himself, I can think of no one more qualified for the job than Joe Berrios. You're going on to bigger and better things. You have already distinguished yourself as an employee of the Board. You have already distinguished yourself as a Member of this Body. You have also distinguished yourself politically. Your rise through the ranks as the first county-wide elected Hispanic is something that none of us should forget. Your career, your successes, your commitment to the system, which I personally appreciate, demonstrates to me that everything is okay. If one applies himself to his job, if one is willing to pay the price necessary to rise from the ranks, then one should be rewarded with further responsibility. And Joe, you've earned that responsibility and I look forward to your successful tenure on the Board of Appeals and your fair administration of those tax laws. God bless you, Joe. Good luck."
"The Gentleman from Cook, Representative Panayotovich."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Affectionately, I've called Joe 'Mex' for many, many years. And him and I are going to go on a new future. The House is losing approximately 400 pounds. Just on that side of the aisle... No... Between the two of us, you're losing 400 pounds. But Joe, for you and your wife Elsa and your family, the best. And you'll do a hell of a job in Cook County and I'll be looking for a job, so I'll come see you, I know. But, what you can do with a future is something that you should be proud of, your community should be proud of you, your Hispanic community should be proud of you, and I think we're all proud of you 29 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 here. Good luck to you, buddy."
"The Gentleman from Cook, Representative Kulas."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I've had the pleasure of working with Joe for the last six to seven years. We have adjoining House Districts. A lot of his constituents and constituency problems are the same as mine. And I'll tell you one thing, Joe as a Legislator puts out 110 percent. The people in his district should be proud to have had a Representative such as Joe Berrios. I'm sure that Miguel Santiago's going to have a hard set of shoes to fill. And not only the shoes, but a big suit to fill. The Hispanic caucus is probably going to be lighter by about 200 pounds, like Sam said, but the people of the County of Cook have gotten a good hard worker who will do a good job for them. Good luck, Joe, and we'll see you around."
"The Gentleman from Winnebago, Representative Hallock."
"(Speaks in Spanish)"
"Representative Preston, the Gentleman from Cook."
"Thank you, Madam Speaker. I just want to join those who are wishing Joe everything good in his future. Joe's rise in his career has really been a very American story. He came from the projects to graduate from the University of Illinois at Chicago. Got a degree in accounting. Worked for the Board of Tax Appeals. Came to the House of Representatives as the first Member of the Hispanic community elected to this Body, then goes on to become the first Member of the Hispanic community elected to county-wide executive branch office in Cook County. His rise has been very well deserved. There has never been a Member of this Body, this chamber, who has been more 30 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 accessible, who's been more reasonable, who could speak with people, always open to suggestions, always wanting to make his priorities and those of his constituents understood and accepted, but always willing to listen to other sides on every issue. I wish you, Joe, every continued success in your new endeavors. I know you're going to have them because your whole history has been one of achievement and you've shown that to the people of Cook County who've elected you and I know you're going to continue to do an outstanding job there just as you've done an outstanding job here. Congratulations."
"Representative Berrios, would you like to grace us with a few words before we hear it from the board?"
"Thank you, Madam Speaker, Members of the Assembly. You know, I'm very proud and honored to have served down here in the Illinois Legislature because I realize that the community that I come from gave me one honor six years ago and I'm proud to continue the efforts of the community in opening new doors for not only myself, but for the people that I represent. I had the honor of coming down here and being the first Hispanic and now I go forth and become the first Hispanic county-wide. But I learned a long time ago that you don't do things alone in life. Through life you continue friendships and you make a lot of friends, you move along, helping all those individuals that you can. That's what I'm committed to do and I will do in the future and I... it's not farewell, cause you know, you just don't take Springfield out of a person after he's been down here. I'll come back and visit, but I will move on and make sure that the Board of Tax Appeals is an office that all the people of Cook County can be proud of. Thank you."
"Representative Capparelli moves the adoption of the Resolution. All those in favor say 'aye', opposed 31 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 'nay'. In the opinion of the Chair the 'ayes' have it and the Resolution is adopted. Representative Giglio in the Chair."
"Resolutions."
"Senate Joint Resolution 175, Currie, Daniels, Madigan, et al. House Resolution 1948, Martinez. House Resolution 1949, Martinez. House Resolution 1950, Hasara. 1951, Ryder. 1952, Kubik. 1953, Goforth. 1954, Novak. 1955, McNamara and 1956, Ropp and Frederick."
"Representative Matijevich on the Agreed Resolutions."
"Madam Speaker...I'm sorry, Mr. Speaker. We've looked at the Resolutions. They're all Agreed. By the way, one is for Jeff Brody from the Journal-Register. We said all these kind things about ourselves and contrary to what many people believe, the Legislature very often does get along with the media and Jeff is one of those guys that's easy to get along with and we wish him well in his new venture out west. I move the adoption of the Agreed Resolutions."
"The Gentleman moves the adoption of the Agreed Resolutions. All those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair the 'ayes' have it. Agreed Resolutions are adopted. Representative Mulcahey, for what purpose do you rise, Sir?"
"Thank you, Mr. Speaker. On the Order of Concurrence, when House Bill 3083 was called this morning I was out in the rotunda visiting with constituents and I missed the Roll Call. I'd like to have the record reflect that had I been here to vote for that I would have voted 'yes' to concur in House Bill 3083."
"Will the... Let the record so reflect. 32 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 Representative Leverenz, for what purpose do you rise, Sir?"
"I have an inquiry of the Chair."
"Proceed."
"Now?"
"Not now. Representative Matijevich."
"Mr. Speaker, Ladies and Gentlemen of the House, I would ask leave of the House to use the Attendance Roll Call for that purpose so that the Rules Committee can meet while the House is in Session and suspend the posting notice for one Bill, Senate Bill 1255. I've cleared this with John Hallock and we're going to meet immediately in the Speaker's Conference Room."
"You've heard the Gentleman's Motion. Any discussion? Hearing none, the Rules Committee will meet while the House is in Session. House will come to order. On the Calendar appears Supplemental Calendar #2. Under the Order of Concurrence, House Bill 1279, Representative Steczo."
"Thank you, Mr. Speaker, Members of the House."
"Motion first."
"Oh. Thank you, Mr. Speaker. I would now move to suspend Rule 79(d) and (e) and place House Bill 1279 on the Order of Concurrence."
"You've heard the Gentleman's Motion. Is there any discussion? By Attendance Roll Call, House Bill 1279 is now on the Order of Concurrence. Representative Steczo."
"Thank you, Mr. Speaker, Members of the House. I would move to concur with Senate Amendment #1 to House Bill 1279. Senate Amendment #1 deletes everything after the enacting clause and provides for three changes in three different acts. One, it creates the Fire Equipment Distributor and 33 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 Employee Regulation Act. As we will recall, there was a Bill passed, amendatorily vetoed by the Governor and the Motion to accept the Governor's recommendations for change and override both failed because of the technicality problems, so we have addressed that in the Senate Amendment #1. In addition, Representative Hannig had a Bill which suffered the same fate which dealt with fire protection districts incorporation and various other types of issues related to fire protection coverage, etc. That's included in Senate Amendment #1, and in addition it provides a grandfather clause for people licensed under the Private Detective, Private Alarm and Private Security Act that anyone licensed as both a private detective and private security contractor shall have until January 15th, 1989 to apply for a license as a private alarm contractor and pay all the required fees, etc. That's what's contained in Amendment #1. If there are any questions, Mr. Speaker, I'd be happy to answer those or would move for the adoption of... or move that the House concur in Senate Amendment #1."
"You've heard the Gentleman's Motion and on that question, the Gentleman from Warren, Representative Hultgren." Will the Sponsor yield?"
"Thank you, Mr. Speaker.
"He indicates he will."
"It's the last of the three changes that I have some Steczo: questions about. My understanding is that those people who are dually licensed as a private detective and private security contractor will now have some special window of opportunity to apply for yet another license, waiving all the other licensing requirements, is that correct?" "Representative, that is correct, but I would also add to that, that when the law was first enacted that we allowed 34 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 the same type of thing, I believe, for the same people until December 31st, 1986, so I think we're opening the window for some individuals now for that short period of time who didn't take advantage of it back then."
"How many individuals are we opening the window for?"
"We're looking at individuals who've had three years experience over the last five years, and it's just a very small number."
"How many are we doing this for?"
"Probably about a hundred."
"Okay. Do you have a list of the hundred people that would be affected?"
"No, I do not."
"Well, do I understand correctly that for this hundred. people who we're giving some special privilege to until January 15th, that the provisions of subsection (c) will not apply, is that right?"
"Refresh my memory, Representative, on subsection (c)."
"Well, I'm reading from page 26 of the Senate Amendment, line 12, wherein it provides that notwithstanding the provisions of subsection (c), and then it goes on to say 'Anyone who holds both the license as a private detective and a private security contractor may apply for a license as a private alarm contractor.' And yet subsection (c), we set forth some pretty specific requirements for somebody to have this license. It has to be somebody, for example, who's been not convicted of a felony. It has to be someone, for example, of good moral character. It has to be someone, for example, who has not been dishonorably discharged from the Armed Services. And yet, for some special group of people, until January of 1989, we're going to say that... well, you can be an ex-felon and you can have bad moral character and you can 35 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 have been dishonorably discharged and you still can get this license for another 30 days, is that right?"
"Representative, that is incorrect. You will find that if you read, that the applicants would have to fulfill all those requirements. The subsection (c) requirement is strictly that of experience and the experience factor would be determined by the board. So, in terms of the requirements you just mentioned, the applicants for this licensure would, in fact, have to comply with all those requirements."
"Thank you."
"Any discussion? The Gentleman from DuPage, Representative McCracken."
"Thank you. Will the Sponsor yield?"
"He indicates he will."
"Would it be correct to say that the cont... and maybe you said it and I missed it... the contents of what had been House Bill 917 and House Bill 3273 are retained, or put into this Bill?"
"That is correct, with the exception of the water main language on Representative Hannig's Bill, which was controversial. That has been deleted."
"Okay. Alright, thank you."
"Representative Peterson."
"Thank you, Mr. Speaker, will the Sponsor yield?"
"He indicates he will."
"On page 33 of the Amendment there's language regarding contiguous territory that has been introduced. That's for incorporation into a fire protection district or future annexation, is that correct?"
"Representative, could you repeat that, please, I couldn't hear you?"
"Okay. It's on page 33, lines..." 36 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988
"No. I heard that. I heard that."
"Lines 16, 17, 18, 19 through 20."
"Correct."
"What is the genesis of the language? Where did that language come from and what is it's purpose?"
"Representative, on House Bill 3273 that... that was language contained in House Bill 3273 that was asked for by the fire protection districts. It was put on in the Senate at that point and it addresses the whole area of contiguity."
"Okay. Thank you."
"Further discussion? The Gentleman from Cook, Representative Steczo to close."
"Thank you, Mr. Speaker, Members of the House. As I indicated in my first remarks, House Bill 917 and House Bill 3246, I believe, were issues that were addressed by this House and got caught up in the first week of the Veto Session and had been incorporated into this legislation, minus any controversial nature, or in fact, with language complying with what the Governor asked for. And the other provision, which is just simply a restatement of a former grandfather clause that we had for the Private Detective, Private Fire Alarm and Security Act I believe are noncontroversial and I would appreciate the House's concurrence in Senate Amendment #1."
"You've heard the Gentleman's Motion. The question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1279?' This is final action. All those in favor vote 'aye', those opposed 'nay'. The voting is open. The Gentleman from Winnebago, Representative Hallock."
"Well, thank you, Mr. Speaker, Members of the House. This is an issue which was debated before on the Amendatory Veto issue. That issue still lingers, as far as I'm 37 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 concerned. As long as we're going to have a process in this House whereby certain Bills are set in one category and certain are in another, not through the court's decision, but through the Speaker's decision to decide what is and is not constitutional. That to me is the big issue here on this Bill. This issue is one of those that's caught up in that. We can vote 'no' on this Bill and make it very clear that we don't stand for that kind of abuse here on the floor of the House. That we believe all Bills should be called on the merits. Called when the Sponsors want to call those Bills, not put in certain categories because the Speaker thinks that's proper to do. We think that's improper. This is one of those Bills and I urge a 'no' vote."
"Representative Steczo."
"Thank you, Mr. Speaker, Members of the House. Just in response to the Gentleman's last statement. Understanding that Members on both sides of the aisle presented Motions to this House which were deemed by the Rules Committee to be in noncompliance, and unfortunately, after a year's... year or two of work and effort saw that work and effort go down the tubes because the... the Motions to accept failed. We have attempted for Members of both sides of the aisle to try to accommodate the work and the efforts that those Members made over those two years by trying to find vehicles to accomplish the objective that they sought. Representative Countryman has a vehicle for the Bill that he had... to go down earlier this week. We have tried accommodate, in this case, Representative Hannig. So we are accomplish those goals and Legislators had in mind. So, I would suggest that by doing it this way, we can still accomplish what we need to do for to Representative Brunsvold and trying to attempt to those aims that those 38 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 the citizens of the State of Illinois. We can... We can take the work product that many Legislators have devoted many hours and months to and provide them the assistance to put that work effort in the Statutes. That's the attempt we're trying to do here with House Bill 1279 and it's something I feel that should be supported by everybody. By everybody, because we have no quarrel with the significance and the subject matter and the substance of the language contained in these Amendments...or in this Amendment."
"The Gentleman from Effingham, Representative Hartke."
"Thank you very much, Mr. Speaker. I think some of the... my Republican colleagues from downstate ought to look at this legislation. I think this is a very important issue for many downstate rural fire protection districts. Without this legislation, some of those fire protection districts would be in some serious trouble, so I would urge some of my colleagues who are now red up there to consider a green vote."
"The Lady from Cook, Representative Currie."
"Thank you, Mr. Speaker, Members of the House. When we discussed this issue on a Motion to accept the Governor's Amendatory Veto, it seems to me I heard tears, wailings, gnashings of teeth from people on the other side of the aisle suggesting that our failure to act and act now, act in a timely fashion would put at risk the lives and the health of people in some of these rural fire protection districts. Were those crocodile tears? Is it possible you didn't mean what you said? You have now on this Motion to concur in the Amendments to House Bill 1279, the opportunity to protect the lives, the health, the safety of those people. Responsible Legislators will take this opportunity to vote 'yes', and any other vote suggests to 39 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 me and to the public that your concern for the people of this State is not as great for your concern with some kind of procedural shenanigan that you profess to find of super importance. So I would urge you, if you care about the people in these rural areas, none of whom are my constituents, but certainly are constituents of many of yours, if you have any concern for them, now is the time to show it. This is the way to show it and the time and the vote to show it and the only proper vote is a 'yes' one."
"Gentleman from Kankakee, Representative Novak."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I concur in what we need to do here. The Illinois Association of Fire Protection Districts have worked long and hard to get this legislation through the General Assembly and we shouldn't let some procedural thing bog down the merits and what's contained in this Bill. So please, let's have a few more 'aye' votes up there."
"The Gentleman from Cook, Representative Piel."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The Lady from Cook on the opposite side of the aisle is right to a point, but what... you know to sort of quote what she said a couple of days ago when these came up... Ladies and Gentlemen of the House, there's plenty of time. We don't need to act on this right away. That's exactly what the Representative from Cook over there said. We don't need to act on it right away. But she did bring up a very good point. These are the exact same Bills that all Members of the opposite side of the aisle voted 'present'. So I would urge the colleagues on my side of the aisle, think we're all voting wrong, I think we should all change our votes. She is right. We should definitely change our votes and I would ask the colleagues on my side of the aisle to all vote 'present'." I 40 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988
"Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 67 voting 'yes', 8... 10 voting 'no', 38 voting 'present' and the Gentleman's Motion fails. On page 2 of the Calendar, today's Calendar, appears Senate Bill Second Reading and on that Order appears Senate Bill 1915. Representative Homer."
"Senate Bill 1915, a Bill for an Act to amend The Environmental Protection Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any further Amendments?"
"No Motions filed."
"Any Amendments?"
"Floor Amendment #2, offered by Representative Homer."
"Excuse me, Representative Homer. Representative Kulas, for what purpose do you rise, Sir?"
"Thank you, Mr. Speaker. I think Amendment #2 is out of order."
"Representative Kulas, your point is well taken. Amendment #2 is out of order. Further Amendments?"
"Floor Amendment #3, offered by Representative Wennlund."
"Representative Wennlund? Withdraw Amendment #3."
"Floor Amendment #4, offered by Representative Homer."
"Representative Homer asks the Bill be taken out of the record. On the Order of Senate Bills Second Reading on page 2 of the Calendar appears Senate Bill 1915. Mr. Clerk, read the Bill."
"Senate Bill 1915 has been read a second time previously. Amendment #1 was adopted in Committee. 41 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 135th Legislative Day Amendment #2 was ruled out of order and Amendment #3 was withdrawn. Next Amendment is Amendment #4, offered by Representative Homer."
"Representative Homer."
"Thank you, Mr. Speaker. Amendment #4 becomes the Bill. It makes two minor changes to legislation we passed last year pertaining to the storage, dumping and treatment of waste, the first of which would be to modify the exemption provisions to clarify that...that we are exempting only waste piles of less than one hundred cubic yards. It also modifies the fee requirements for manifests requested from the EPA by waste generators. This Amendment was negotiated between the parties of interest and is an agreed Amendment. I would move its adoption."
"You heard the Gentleman's Motion. All those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair the 'ayes' have it. The Amendment's adopted. Are there further Amendments?"
"Floor Amendment #5 offered by Representative Homer."
"Representative Homer."
"Thank you, Mr. Speaker. Amendment #5 would add the provisions of Senate Bill 1626 as amendatorily vetoed by the Governor which...which extends the IRAP program by deleting the January 1, 1989, sunset date and also would extend the program an additional month so that the program would run for a total of six months instead of a total of five months. Again, I don't believe this is controversial. I move its adoption."
"Any discussion? The Gentleman from Warren, Representative Hultgren."
"I'd ask the Clerk whether this Amendment has been printed and distributed? I have 4 and I have 6, but don't 42 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day have 5." December 1, 1988
"The Clerk informs the Chair that ...5 is out. It's been passed out. Further discussion? All those in favor of Amendment #5 signify by saying 'aye', those opposed 'nay'. The opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Are there further Amendments?"
"Floor Amendment #6 offered by Representative McPike."
"Out of the record. Withdraw Amendment #6. Further Amendments?"
"Floor Amendment #7 offered by Representative Wennlund."
"Representative Wennlund."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1616 which passed unanimously, almost unanimously, out of this House required all counties to..."
"Excuse me, Representative
Kulas. Kulas: "Thank you, Mr. Speaker. Has that Amendment been printed and distributed?"
"No, it has not. Representative Kulas."
"I move to table Amendment #7 then."
"The Gentleman...the Gentleman wants...Representative Wennlund asks that Amendment #7 be withdrawn. Further Amendments?"
"Floor Amendment #8 offered by Representatives Churchill and Wennlund."
"The Gentleman...Representative Wennlund asks that Amendment #8 be withdrawn. Are there further Amendments?"
"There are no further Amendments."
"Third Reading. On House Calendar Supplemental 43 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 #1 under the Order of Conference Committee Reports appears House Bill 2102. Representative Cullerton. The Gentleman from Cook, Representative Cullerton on House Bill 2102."
"Are we ready to pass this now? Yes, this is the Conference Committee that amends the Illinois Job Training Coordinating Council Acts. The Bill is..."
"Excuse me, Representative Cullerton. We have to have a Motion to take from the Table."
"Oh, I'm sorry."
"The Gentleman moves that House Bill 2102 be taken from the Table. Is there leave...the Attendance Roll Call? Hearing none, leave is granted. Alright, now House Bill 2102 on Conference Committee Report, First Corrected Conference Committee Report. Representative Cullerton."
"Yes, this Bill was dealing with a...Conference Committee that deals with a few different Acts. The first one is the Illinois Job Training Coordinating Council Act. It expands membership to that Council from 45 to 50 members. That was mandated...that expansion was mandated by the Federal Government. DCCA's trying to comply with the federal mandate. It amends the Employee Access to Personnel Records Act to provide that employees shall not have a statutory right to inspect external peer review documents for academic employees of institutions of higher education. It also changes the service delivery mechanism for the Job Training Partnership Act which deals with Title III dislocated worker program. It's also a federally mandated change and once again would come into compliance. It delays from December 31st, '88 to December 31st, '93 the scheduled expiration of the Illinois Council on Forestry Development, a very controversial Council, I'm sure. And it also expands members from the Illinois State Toll Highway Authority Advisory Committee which currently has 25 44 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 members and the total membership would go to 29. They do not receive any compensation. I would further point out that Representative John Dunn is in total favor of this Bill and I would appreciate a favorable vote."
Motion. Any Speaker Giglio: "You heard the Gentleman's discussion? The Gentleman from DuPage, Representative McCracken."
"Thank you. Will the Sponsor yield?"
"He indicates he will."
"John, if we all vote for this, will Speaker Madigan appoint me to the Toll Highway Advisory Committee?"
"Well, let me go through that. That's a very good question."
"There'll be an increase in legislative Members."
"The Committee currently has a total membership of 25, 15 appointed by the Governor, five by the Speaker of the House, and five by the President of the Senate. The Conference Committee Report increases from five to seven the number of advisory board members appointed by the House Speaker and the Senate President..."
"Probably one Republican and one Democrat, probably."
"My recommendation to you would be to go talk to Senator Rock."
"Okay. Thank you."
"The Gentleman from McLean, Representative Ropp."
"Thank you, Mr. Speaker, would the Sponsor yield for a brief question?"
"Indicates he will."
"Representative, the additional five members on the ЈТРА, does one of those include a member of the Illinois Council on Vocation/Education and is the...a representative from labor now considered a member from the private sector?"
"Yes." 45 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day
"Thank you." December 1, 1988
"The Gentleman from McHenry, Representative Klemm."
"Just an inquiry. Has it been distributed, Mr. Speaker, because I don't seem to have it on our side of the aisle?"
"Mr. Clerk. The Clerk informs the Chair that the Conference Committee Report has been distributed. Representative Cullerton to close."
"Yes, could the Clerk tell us what time that was distributed?"
"Representative McCracken."
"If necessary, the Gentleman could suspend the Rule on 60 votes, I believe."
"Well, I wouldn't want to pass it without Representative Klemm having an opportunity to read it."
"The Clerk informs the Chair that the Conference Committee Report...it's...it's been distributed on our side and we understand that it's now being distributed on your side. And it's been sitting on your side, Representative McCracken, for a little while. Representative Black."
"Thank you very much, Mr. Speaker. Would the Gentleman yield for a question or two?"
"Indicates he will."
"Representative, I think I understand this, but bear with me for just a second. This has to be restructured, but in the restructuring there will be a formula mechanism..."
"Let me interrupt you for a second. Which part of the Bill are you referring to?"
"Just simply talking about the JTPA restructuring for the dislocated workers' program."
"Yes, and I would remind you that was Vice-President Quayle's Bill."
"Oh, the original program, yes, and an outstanding piece 46 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 of Legislation that was, I'm sure you'd agree."
"The Cosponsor being Senator Edward Kennedy."
"And a fine Gentleman he is too."
"That was lost in the debate as I recall, the presidential debate."
"Yes, I'm sure it was. But..."
"Quayle didn't mention that very often."
"To the...to this Conference Committee Report. I don't see anything in here on the formula change that will be brought about by doing what we're doing and I've had some experience with service delivery areas in the JTPA program, and it's my understanding, those of you downstate may want to ask someone running around here, it's my understanding that some of the downstate service delivery areas will receive tremendous cuts in funding. In fact, I think one service delivery area told me yesterday that they would have to close at least five satellite offices. And I don't see that funding formula even addressed in the Conference Committee Report..."
"That's correct. It is not addressed."
"I see, in other words..."
"The funding is not addressed, only the makeup."
"Right, the formula is not addressed at all then in your Conference Committee Report. That is correct, right?"
"That's right."
"Okay, could you tell then who will...who will promulgate the rules on the fund...the new funding formula that will evolve after we pass this?"
"Well, just to...first of all..."
"Would it be that Coordinating Council...you were talking about?"
"...First of all, let me say SO you know what the federal law did... was and what the change they imposed was 47 135th Legislative Day Black: STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 to change the service delivery mechanism from one of total state discretion to a mandatory substate delivery structure. And the U.S. Secretary of Labor determines the guidelines. Hello, if I could further elaborate on, I think, on what your question was. The Job Training Council puts together a biennial state plan describing the Title III programs and activities, the plans submitted by the Governor to the U.S. Department of Labor and the...the head of the Department of Labor has ultimate authority." "Okay. So I think what you're telling me, Representative, is that the Federal Government has mandated this change. We really have to change it. The funding formula to follow may not make all of us happy, but there really isn't anything we can do about that."
"That's what we've been told by the...the DCCA, now if you don't believe them, then it's possible..."
"Well, no, I believe them, I'm just, perhaps we should have you call Vice-President Elect Quayle and Senator Kennedy and see about...are they aware of what they might be doing to this Bill? Certainly this may be taking Senator Kennedy by surprise. I wouldn't want that to happen."
"That's a good point."
"Well, thank you very much for your patience, Representative."
"Representative Cullerton to close."
"Yes, I believe we've fully explained the Conference Committee and ask for a favorable vote."
"The question is, 'Shall the House accept the First Corrected Conference Committee Report on House Bill 2102?' All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have 48 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 all voted who wish? Mr. Clerk, take the record. On this question there are 109 voting 'yes', none voting 'no' and none voting 'present' and the House does accept the First Conference Committee Report on House Bill 2102. This Bill having received the Constitutional Majority is hereby declared passed. On Supplemental Calendar #1 appear...under Motions appears House Joint Resolution 224. Representative Curran."
"Thank you, Mr. Speaker. I move to suspend Rule 14 and advance to the Order of Speaker's Table for immediate consideration House Joint Resolution 224."
The Speaker Giglio: "You've heard the Gentleman's Motion. Any discussion? The Gentleman's moved, any discussion? Gentleman from Cook, Representative Levin."
"Ah, yes, Mr. Speaker, Ladies and Gentlemen of the House, I would rise in opposition to the Gentleman's Motion. This is, seems to me, not a matter that we need to address in an emergency fashion this fall. It's a matter that can wait for the spring. I would point out that the...this Resolution would cost approximately $70,000 to implement, money that is not currently in the state budget. It also calls for the Department of Public Health to take certain actions that they are currently precluded by court order from taking. I think we ought to wait until the spring. Hopefully by then the court situation will be resolved and we can take up this matter in a timely manner at that point. At this point I think it's inappropriate and I would oppose the Motion."
"Further discussion? The Gentleman from DuPage, Representative Hoffman."
"Thank you, Mr. Speaker, a question of the Sponsor."
"He indicates he will."
"Is it my understanding that you are in this Resolution 49 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 establishing or creating an advisory board?"
"That's correct."
"Representative Hoffman."
"That's correct, yes."
"The...one of my peers created a malfunction in my microphone...question was, are we creating an advisory board by Resolution in your proposal?"
"Yes."
"Is that the typical pattern for establishing advisory boards or are they normally done by statute?"
"I honestly don't know the answer to that. I would say that every Resolution is different and this Resolution, I feel, is of an emergency nature and can save the state money and we ought to be doing it today."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House, I would suggest that I am led to believe that advisory boards are normally created by statute and not by Resolution. The...the issue which you are attempting to address here is one that is out of the hands of the Department of Public Health. This is an issue which has been handled by the United States Supreme Court, and I think we are in all probability wasting taxpayers' money to get involved in this particular issue. And I rise with all due respect to the Gentleman in opposition to this Motion."
"Further discussion? The Lady from Cook, Representative Currie."
"Thank you, Mr. Speaker and Members of the House. I, too, rise in opposition to the Motion. The remarks of the previous Gentleman, I think...I think make the point most succinctly that this Resolution needs to be in the Rules Committee, needs to be heard in that Committee before consideration by this Body. If this Resolution is inappropriately drawn, should be done statutorily rather 50 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 than by Resolution, it's in the Rules Committee that that determination can best be made. There is no hurry to move on the substance of House Joint Resolution 224 and for that reason I would urge us to vote 'no' on the present Motion so that the substance of this issue can go through proper channels and make sure that when the Body does consider the substance and decides on the merits of this program that we do SO in an appropriate procedural form whether that is statutorily or by Resolution. So I would certainly urge 'no' votes."
"Further discussion? The Lady from Cook, Representative Pullen."
"Like to ask the Sponsor a question, please."
"Indicates he will."
"Were you advised by anyone that this is a proper form by which to create this board that you're suggesting?"
"I certainly have, Representative. The Illinois Pro-Life Coalition asked me to introduce this and explain that they felt that there was a problem, that the problem...a problem we ought to deal with and as a matter of fact we might even be saving the state money, but it's important for us to get on with it because it is a public health matter and also the potential of saving money is certainly there."
"Do you...could you tell me, please, who prepared the fiscal note that has floated around on this issue?"
"Well, my friend and yours, Jeff Johnson from the Department of Health prepared it. I'm sure Jeff did as good a job as he felt he could do. I think that the fiscal note was excessive and I think it's not uncommon for us to get a fiscal note that's a little bit beefy from a Department which doesn't want to carry out a certain course of action."
"Well, I certainly agree with you on that, Sir, and I 51 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 support your Motion and hope that the House will take up this Motion which merely would allow us to then fully debate the Resolution, which some people have started debating prematurely because this is...this Motion does not adopt the Resolution, but would give us the opportunity to discuss this important matter and vote on it today. I urge the House to adopt the Gentleman's Motion. Thank you."
"Representative Curran."
"Well, I think we've discussed whether we ought to proceed here and I simply ask for a favorable Roll Call on this move...move to the Speaker's Table for immediate consideration."
"You've heard the Gentleman's Motion. All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take...Mr. Clerk, take the record. On this question there are 90 voting 'yes', 21 voting 'no', 1 voting 'present' and the Motion carries. Speaker Madigan in the Chair."
"Ladies and Gentlemen, if we could have your attention and if you could take your seats. We will have the induction of a new Member of the House. Carol Braun resigned from the House of Representatives this morning because she became the Recorder of Deeds of Cook County. The appropriate Representative Committee in that district has selected Mr. Donne Trotter as the replacement of Representative Braun. Mr. Trotter had already been elected to begin in the next Session of the General Assembly. So at this time we have Judge George Ray from the Circuit Court of Sangamon County and Judge Ray will administer the Oath of Office to Mr. Trotter."
"Would you raise your right hand, please? I..."
"...Donne Trotter..." 52 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day
"...do solemnly swear..."
"...do solemnly swear..." December 1, 1988
"...that I will support the Constitution of the United States..."
"...that I will support the Constitution of the United States..."
"...and the Constitution of the State of Illinois..."
"...and the Constitution of the State of Illinois..."
"...and that I will faithfully discharge the duties of the Office of Representative in the General Assembly..."
"...and I will faithfully discharge the duties of the Office of the State Representative Assembly..."
"...to the best of my ability."
"...to the best of my ability."
"Congratulations."
"Thank you very much. Thank you. House, almost exactly to pounds lighter, had a little started this quest to become now stand here a Member. is going to be remembered I won the Primary, when I not only is this day going I met those accomplishments...made those accomplishments on the day I was sworn in, but it's going to be remembered because today is the day that I'm going to have to vote on the School Reform Bill...really before I thought I had to. Thank you. I'm looking forward to working with all of you on both sides of the aisle whereas we can all make things great happen for this state. Thank you very much."
"Representative Giglio in the Chair." in the General Thank you very much. Thank you. Mr. Speaker, distinguished Members of this the day a year ago, I was 12 more black hair on my head, I a Member of this Assembly. I Today is going to be a day that with those other great days when won the General Election. But to be remembered as the day that 53 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day
"House Joint Resolution 224. December 1, 1988 Representative Curran."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, House Joint Resolution 224 asks the General Assembly to establish an advisory board to work with the Department of Public Health to study the risks of abortion and its effects with emphasis on the extended...of women in Illinois with post-abortion trauma. Specifically the recommendations on how to help these women will be reported to the Department of Public Health on May 1st, 1989. Many of us know women who have had problems with abortion. This isn't a pro or anti-abortion measure. It is simply a request by the pro-life coalition to gather information on a pressing problem in our society and by doing that we might be able to save money, certainly we'll be able to save some human tragedy and damage to people who have gone through a very important decision in their lives and face a very serious thing. So I ask you on the basis of the last Roll Call if we could...if we could put this advisory board into place. I don't think we're talking about very much money at all and there'll be Members of this Body that would be serving on that advisory board as well as the Senate. I think it's an excellent idea and I think it's an idea whose time has come and I ask for a favorable Roll Call."
"Any discussion? The Gentleman from Cook, Representative Preston."
"Would the Gentleman yield for a question?"
"Indicates he will."
"Representative Curran, I think from the previous vote it's clear how the vote's going to go on this, however, I'm trying to figure out how I should vote on it. Isn't it...isn't there a wealth of information already available 54 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 through...in academic circles, in various institutions of higher education that have already studied the traumatic effects or the effects both traumatic, economic and otherwise of an abortion? Isn't that information so available right now that such a board is really a political statement rather than a board that is needed for anything?"
"Well, my honest answer to your question is, I think not. I think that information is not available and that is why we wish to gather it. Everything we do here is a political statement, but in this particular case I think we all agree that abortion is a very serious question, a very serious decision a woman has to make and that we ought to know as much about the effects of that very serious decision as we can for the health of the citizens of this state."
"But, Mike, hasn't the...the Psychology Department for example, the University of Illinois, the University of Chicago or Northwestern or Southern or wherever, already have people, graduate students or professors who have studied various aspects of the effects of the very difficult decision on abortion?"
"I simply don't know the answer to that. I would expect that that information has never been gathered. I know that to the best of my knowledge and belief and the best of the knowledge and belief of the people from the pro-life coalition who asked me to do this that that information has not been gathered and this question has not been studied."
"Well, if... I would just ask my colleagues if anybody does have that information, I'd sure like to know it before I vote, cause I'd like to know how to vote. The fact that the pro-life coalition is for it, you know, that's certainly a political statement which they're entitled to make, but I don't know if we need a legislative board to study something that I would believe, unless I'm told 55 135th Legislative Day STATE OF ILLINOIS 85th. GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 otherwise, has already been studied and studied and studied by people much more competent than a board of this legislative Body could be in further study of the issue."
"Further discussion? The Lady from Cook, Representative Didrickson."
"Thank you, Mr. Speaker. Would the Sponsor yield for a question, please?"
"Indicates he will."
"Representative Curran, according to this Resolution I see in lines 22 and 23 that it is to be resolved that there is a study evaluation of abortion complication data and that you are to report back in approximately six months at an approximate cost of $70,000. I have here from the Illinois Department of Public Health a memo that says that they are precluded because of Charles versus Kerry court decision in 1983, I believe it is, and Ragsdell versus Turnock in 1988 from specifically collecting information on abortion complications which is specifically what your Resolution is requesting. I am asking you how can we study something that we are specifically precluded from doing?"
"Representative, I believe this is an advisory board to gather information, and I think we can do that within the confines or within the dictates of the...of the court hearing...court findings that you have just quoted."
"How do we do that if the Illinois Department of Public Health who is part of this Resolution is precluded from collecting such data? How do we go about doing that?"
"I don't believe they are precluded from collecting this data."
"They say they are specifically."
"I think they don't want to do this study and I think that's why they say they are."
"Well, is the pro-life coalition aware of 56 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 this...these specific two court cases precluding them from collecting such data?"
"I do not know the answer to that. I am not aware of it and I do not believe that that speaks to the elements of this Resolution."
"Okay. Well, to the Motion...or to the Resolution. I, too, am going to rise in opposition of this Resolution simply because I think before we jump in terms of studying something that we specifically cannot study, we should be aware of the decisions that we're making on this House floor, one of them specifically is the fact that the Illinois Department of Public Health is precluded from collecting such abortion complication data which this Resolution specifically states that we're going to study. How can we study something that legally we cannot study? And we go down the route time and time again on abortion issues such as this. This is one more example and I think in this specific case, we should hold off."
"Further discussion? The Lady from Champaign, Representative Satterthwaite."
"Will the Sponsor yield?"
"Indicates he will."
"Representative... Representative Curran, is there anything in your Resolution that suggests that we should also be studying any post-birth trauma for women who give birth to a baby?"
"There is not."
"Wouldn't it be a more legitimate study if we were to balance it by giving some indication of that kind of traumatic experience also?"
"Well, that is not my intention with this Resolution today. With all due respect if you...if you think that's a good idea, I would suggest that you submit a Resolution, we 57 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 study that as well."
"Well, I would suggest, Ladies and Gentlemen of the chamber, that the reason it does not give that kind of balance is because it is a biased attempt to show what can happen in an adverse way to a woman who has an abortion without any attempt to put that into perspective either in regard to numbers or in regard to similar kinds of traumatic experiences that occur after a normal pregnancy and birth. And so any information that we would get from such a study will not be anything conclusive at all. It will be a very biased set of information designed for the specific purposes of the pro-life group which is sponsoring it, rather than for any kind of unbiased scientific research. And for that reason I do not believe that we should be spending taxpayers' money on something that is not going to give us viable information."
"Any further discussion? The Gentleman from Springfield, Representative Curran, to close."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, it is my understanding that the court cases quoted by an earlier opponent of this Resolution referred only to requiring doctors to give information on specific cases where there was a...where there was an abortion and where there was a difficult outcome. This doesn't require doctors to come forth with that information. This just gathers the information as best we can within the allowances and the confines of the existing law and court cases. Now as to whether this is a biased or unbiased attempt, I think the people in this chamber and the people in the other chambers can see to that, because there will be people in this chamber and people in the other chambers who will be on that advisory board. And finally, to the question of money, understanding this problem and 58 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 understanding the problem that women go through especially physical and emotional after an abortion can do nothing but save us money, can do nothing but guide us in the way we endeavor to help the public health of the citizens of this state. I think this is an excellent idea, I think it's one that we should have done years ago and I ask for a favorable Roll Call."
"You heard the Gentleman's Motion. All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. The Lady from Cook, Representative Currie."
"Thank you, Mr. Speaker and Members of the House, to explain my vote, here we are going through the backdoors recreating the commissions that this Assembly decided to abolish but a few short years ago. If this study is worth the doing, the study can be done by the Citizens Council on Women, by any of the standing committees of this General Assembly. Many Members of this chamber stood on the floor and enthusiastically demolished commissions because we said it was not a worthwhile way to conduct our business. Yet here we are in House Joint Resolution 224 going through the backdoor right down that same cheery path that this Legislature had trodden so many years ago. People in this chamber like to talk about saving the taxpayers' money, about controlling the work we do, about doing our work in an orderly fashion, the passage of this Resolution will set us back any number of years. I urge 'no' votes on that ground if not on grounds of the substance of the proposal."
"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 83 voting 'yes', 31 voting 'no', 1 voting 'present' and House Joint Resolution 224 having received the required amount of votes is hereby 59 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day declared passed. December 1, 1988 I'd like to make an announcement that the Democrats will have a Caucus in Room 114 immediately, approximately a half hour. Representative Daniels...requests the Republican caucus immediately in Room 118. Representative Matijevich. Approval of the Journal."
"Speaker, I move that we dispense with the reading of the Journal, the following Journals be approved: Journal #122 of June 24, 123 of June 27, 124 of June 28, 125 of June 9...29th, 126th of June 30th, 127 of July 1, 128 of July 2nd, and Journal 116 of June 15, 117 of June 16, 118 of June 17, 119 of June 21, 120 of June 22nd, 121 of June 23rd, 1988. Thank you."
"You've heard the Motion, all those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair the 'ayes' have it and the Journals are approved. Would all Members on both sides of the aisle please go down to their respective rooms for Caucus. Committee Reports."
"Committee on Rules has met pursuant to Rule 29(c)3, the following Bills have been ruled exempt: Senate Bill 1255, signed John Matijevich, Chairman."
"House will stand in recess."
"On page 2 of the Calendar on the Order of Senate Bills Third Reading there appears Senate Bill 711. Mr. Clerk. Mr. Clerk. Is everything in order here? Are there any Amendme...are...on the Order of Third Reading, is there leave to put this Bill on the Order of Second Reading? Leave is granted, the Bill is on the Order of Second Reading. Mr. Clerk, are there any Amendments?"
"Floor Amendment #1 offered by Representatives Goforth, Saltsman and Matijevich."
"Mr. Goforth." 60 STATE OF ILLINOIS 85th GENERAL ASSEMBLY. HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day
"Withdraw Amendment #1."
Amendments?" December 1, 1988 "Amendment is withdrawn. Are there any further
"Floor Amendment #2 offered by Representative Cullerton."
"Mr. Cullerton."
"I would ask leave to withdraw #2."
"Number 2 is withdrawn. Are there any further Amendments?"
"Floor Amendment #3 is being offered by Representative Cullerton."
"Mr. Cullerton. Mr. Cullerton."
"Mr. Speaker, can I ask the Clerk how many Amendments have been filed?"
"How many Amendments are filed, Mr. Clerk?"
"There are four Amendments filed to this Bill."
"I withdraw #3."
"Are there any further Amendments?"
"Floor Amendment #4 is being offered by Representative Bowman."
"Mr. Bowman. Mr. Bowman. For what purpose does Representative Breslin seek recognition?"
"Mr. Speaker, in the absence of Representative Bowman, with leave of the Body, I would be happy to handle the Amendment, if you choose."
"Could you advise us as to his whereabouts? We're very interested in listening to his reasons for this Amendment."
"I cannot, Sir."
"I see. Is there leave? Leave is granted. Representative Breslin. Mr. McCracken. Mr. McCracken."
"We haven't seen it, Mr. Speaker. We'd like an opportunity to look at it." 61 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day
Amendment." December 1, 1988 "Sure. Are you ready? Um, Mr. Bowman on the
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House, Amendment #4 is really very simple. It strikes everything after the enacting clause and replaces with the substance of 1470, Senate Bill 1470 as amendatorily vetoed by the Governor. The...this Amendment is identical to Senate Bill 1470 as amendatorily vetoed by the Governor. I think we all understand the issue thoroughly. It's been thoroughly debated before. I simply ask for an affirmative vote."
"On the Amendment, Mr. McCracken."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Well, was this Amendment the subject matter of a Bill which was the subject of an Amendatory Veto?"
"Yes, it's the...not only the subject of the Amendatory Veto, Sir, but in this form it's identical to the Bill as amendatorily vetoed by the Governor."
"Was that...was that your Bill?"
"I was the House Sponsor. Senator Netsch was the Senate Sponsor."
"Did you call it for an Acceptance Motion?"
"Yes, I did."
"Did you withdraw it or was there a vote on that Motion?"
"There was a vote on the Motion."
"And how did your colleagues vote?"
"Sir, the Motion failed and I do not have a copy of the Roll Call in front of me."
"How did you vote?"
"I voted for it."
"Okay, thank you. We thought maybe you voted 62 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day 'present' as well."
"No, I voted for it, Sir." December 1, 1988
"This is...this is another of our continuing dispute over the proper use of the Amendatory Veto. As you know, we have some fundamental disagreements on the propriety of its use. But one thing which I think is very proper for us to consider at this point, especially on this side of the aisle, is whether we want the impact of the Majority's use of this new gubernatorial noncompliance device to result in a... in effect, what is a veto-proof House. And it happens, this way. You don't have enough votes to override all vetoes, but you have enough votes to always be the Majority when a 60 vote requirement is in order. So, in effect, what you do is tell your Membership that we're going to kill it now, but we'll bring it back because we're the Majority Party. So there's no suffering the consequences of your votes. As a matter of fact, it's interesting to note that the Sponsor feels that the fact that the Amendatory Veto Bill is identical to the Amendment is such a sterling quality. If it...if it were such a virtue, why then is it inappropriate for us to consider it on the merits at that time but very appropriate at this time? I submit that it is not so appropriate and that the correct vote now, I guess we'll have to do this on the Bill itself, I assume this will get on with a majority vote. But let's vote 'present' on the Amendment; let's vote 'present' on the Bill, please."
"The question is, 'Shall the Amendment be adopted?' Those in favor signify by voting 'aye'...we got that request. We know, we know, everybody will be happy. Those in favor of the Amendment vote 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the 63 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 record. On this question there are 72 'ayes', 1 person voting 'no', 42 McCracken loyalists voting 'present' and the Amendment is adopted. Are there any further Amendments?"
"There are no further Amendments."
"Third Reading. Mr. Clerk, has this Bill been read a third time?"
"The Bill has not been read a third time. Senate Bill 711, a Bill for an Act relating to pensions. Third Reading of the Bill."
"Mr. McCra... Mr. Bowman. For what purpose does Mr. McCracken seek recognition?"
"Has the Bill been read a third time?"
"Yes."
"Alright, well, then there's a requirement, I think, that it not be considered the same day, and if that rule is moved to be suspended, I'm in opposition to that rule."
"Mr. McCracken, that Motion has not been made but the Chair recognizes Mr. Bowman."
"Mr. Speaker, I move to suspend the rule so that we may here this Bill at the same...at this time."
"The Gentleman moves to suspend the provisions of Rule 37(d). Mr. McCracken stands in opposition to that Motion. Those in favor of that Motion will signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? This Motion requires 71 votes. Have all voted who wish? The Clerk shall take the record. On this question there are 66 'ayes', 2 'nos'...the Chair recognizes Mr. ...the Motion fails. Mr. Cullerton."
"Mr. Speaker, it has come to my attention that I made representations to the Republicans with regard to this Bill, indicating it was going to be used as a vehicle for 64 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 pension legislation. Now I'm here to apologize to the Republicans in that it is not being used for that purpose that I stated, to get the Bill in a posture to pass it. So I apologize to them. As you know, Mr. Speaker, I was just informed literally two minutes ago that this is what the purpose of this vehicle was for, so I publicly apologize to the Republicans and I'm just telling you what happened."
"On House Calendar Supplemental #3, there appears Senate Bill 1840. The Chair recognizes Mr. Levin. Mr. Levin."
"I think everybody knows what is in this legislation. I don't think there's been any Bill that is...had more hours of deliberations, both by Members of this Body and parents and civic leaders and business leaders. Let me just very briefly describe the changes, the compromises, the bipartisan compromises, that are included in Senate Bill 1840. On the issue of Chapter 1, the Bill provides that it hold...that all schools are to be held harmless that are...that may lose revenue as a result of the redistribution of the state's Chapter 1 funds. It provides for a source of funding for that hold harmless from various sources including the savings on the administrative cap. Secondly, with respect to the School Finance Authority, again we have a good compromise of all of the powers that Senate Bill 1839 placed in a new body, the School Reform Oversight Authority are transferred to the existing body of the School Finance Authority. The School Finance Authority under this Bill would not have the ability to withhold funds for noncompliance by the system. Thirdly, with respect to principals, the legislation provides that the performance contract that the local school councils would enter into with the principals would be for a four year period rather than three years as was true in Senate Bill 65 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day 1839. December 1, 1988 Secondly, the Bill provides that there shall be an annual evaluation of the principals to be done jointly by the local school council and the district superintendent. Thirdly, rather than having all of the principals selected in 1990, this legislation would have a rotation, half in 1990 and half in 1991. Finally, the last issue that was subject of bipartisan negotiations in the Governor's Office was that of supernumeraries and here too, we have a good compromise providing that supernumerary teachers shall have first crack at any vacancies that exist, that they're guaranteed that they will have a position but that the principal need not hire any particular teacher to fill the vacancy. These are the major changes that came out of the sub-summit negotiations, otherwise we pick up the other very good changes from the Governor's Amendatory Veto which include making clear that we're not affecting the magnet schools by this legislation, making clear that we're not abolishing the three high school districts and thirdly, making clear that we're not affecting the special education funding which is to follow the special ed. kids. If there are any questions, I'll be able...happy to answer them. This is clearly an historic Bill. It is one that makes fundamental changes in the Chicago Public Schools as we saw from the reaction from some of the vested interest groups, they think it makes fundamental changes and that's why some of them do not want it. But the parents and the people of Chicago, I think the people throughout the state, want to see the reform that's included in this legislation, want to see the cap on the bureaucracy, want to see greater parent involvement, want to see the principal having control over his school which I think this Bill does. And I would just encourage an 'aye' vote for this very, very significant piece of legislation." 66 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988
"Mr. ...Mr. Parke."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. As we all are aware over a year ago, we started the process of trying to determine what school reform really meant. And it is my feeling that this is not school reform, but it is a start towards school reform. I will tell you that in the process of over a year that I think the most impressive part of the dialogue on this issue is the parent participation from all walks of life from the City of Chicago. Many of them are in the gallery today, who are concerned about the future of their children. I will tell you that I am impressed with that and my colleagues on both sides of the aisle are impressed with that, because they show concern for their children. They took time away from their jobs and their families to come down here day after day, meeting after meeting to speak to the issue. Well, I'm going to put a challenge out to all those parents' groups: don't stop. If this Bill passes today, it is a beginning. You have the responsibility to make sure that these reforms or these beginnings of reforms are put in place. I beg of you for your children, don't let this challenge go, continue it, put the people...their feet to the fire, make it work. And if it doesn't work, come back next year, keep the same pressure on, and make it better next time. I believe the city...the children of the City of Chicago deserve better. Your children deserve better. This is not the best we could give to the children of Chica...of the City of Chicago. The Bill has many flaws, the appointment of a school board. No...the City of Chicago should have an elected school board, but they have an appointed school board. That's still there. The principals still do not have control over their schools. They still cannot make...have control over the custodians 67 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 or the food service people. There has in this Bill the opportunity for the hiring of past board memb...past members of the bureaucracy on Pershing Road to be hired as consultant and trainers under this Bill. But I will tell you that I remind you that this Bill was a worse case scenario Bill because at the last minute we got caught in a bind and we had to pass...some of us had to vote for this Bill so that we would have something. I will tell you something that the people of Illinois and the people of Chicago should thank Governor Thompson for taking time to amendatorily veto this bad Bill and try and make it better. And I will also say that you should give credit to Deputy Governor Jim Reilly for the hard work that he put in to work with both sides of the aisle to try and compromise what this Bill has. However, I will point out that there are some parts of this Bill that I think are worthy of consideration. There's a finance authority in this Bill that has teeth. They're encu...they're enpowered with powers that they never had before. They can make a difference. And would you, Representative Leverenz, would you quit being rude to me and let me continue? And the establishment of a 45 day remediation period for teachers is a healthy start..."
"Mr. Parke... Mr. Parke. Ladies and Gentlemen, please give your attention to Mr. Parke. If we move through this quickly, why we'll be on the road before long. Thank you, Mr. Parke."
"Thank you, Sir. Forty-five day remediation for teachers is a healthy start in working towards providing quality teaching staffs which 99% of the teachers are quality. And the establishment of the local school council which I think is the most significant aspect of this legislation where it gives the parents and the teachers and the principal and 68 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 community participation right in the day, the day operation of how a school should be run, to try and make it better for their children. There are quality parts to this legislation. I ask that each of us has to determine whether or not there's enough good things in this Bill to pass it. Each of us has the responsibility as we're going to be called upon to vote for it. Let your conscience be your guide. We know primarily what's in this Bill, let's think about the children of Chicago and let's try and do something that's right for them."
"Mr. Cullerton."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Mr. Speaker, the Bill, I think, can be...in analyzing this Bill you can look at it in two basic parts. The first part really deals with the fact that money is going to be...no new money comes into the system. The money that's there is going to be spent in a different fashion. In that area we have a change in the law with regard to Title I monies that come in, a change in the law with regard to an administrative cap being imposed on the bureaucracy, a change in the law in which lump sum budgeting for each local school is going to be implemented. With regard to the Title I, it's a very confusing area. It took me quite some time to even have a minimal knowledge of it, but basically, if I could just explain and I think it's important for the record because, Mr. Speaker, I'd indicate that there has been a lawsuit filed with regard to the spending of the Title I money and I think it's important that we have some legislative intent with regard to Title I. Right now the Title I money that comes to the City of Chicago approximately $270,000,000, 60% of it follows the students who generate those monies in the first place. Those are students who are eligible for the federal lunch 69 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 program and 40% according to the law is spent system-wide. It's the intent of this Bill to phase that out, that 40% out, so that over a four year period eventually all of that Title I money will be spent on the children that generate it. However, the Bill also has a hold harmless clause so that that 40% which is spent system-wide on children, it's a certain dollar amount for children, will never go below that amount. And we ensure that that hold harmless fund is funded by giving authorities specifically to the School Finance Authority to make sure that all available new funds, be they from local revenues or the state or the administrative cap or even Title I funds themselves are used to make sure that there is a hold harmless clause. The second significant part about the Title I, Mr. Speaker, is that the law says that Title I money shall supplement rather than supplant basic services. It's estimated by some that of the $237,000,000, approximately 85,000,000 of it is being spent on basic services. This Bill says that that shall also no longer take place. And so also according to a phase in that money which is not being spent...which is now being spent on basic services will have to be spent on programs which are spelled out in the Bill which I think deal with very important issues such as early childhood education. Now with regard... so really that's the phase of the Bill that deals with money. The other part of the Bill deals with structural changes. The most significant, of course, is the fact that the local school councils are set up and they're elected as was indicated by Representative Levin. These councils must receive training and they will receive training in school budgets, educational theory and personnel selection. And the Board of Education must provide this training unless the council asks that that training be provided by some 70 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 independent source. And I think it's a significant answer to some of the critics who said that these local council will not be qualified. With regard to principals, the local school councils main power, in my opinion, is to hire a principal. This power will come into effect in about a year and a half for some principals and the other half of the principals will be two and a half years. And they will have these contracts. The contracts, by the way, are basically set out, the provisions of the contract are set out by the board. The board will develop policies with which to...indicate what the salary of the principal shall be, but the local school council has the right to add provisions to that contract. A major part of this Bill, I think, is not so much, in my opinion, is not so much giving tremendous new powers to the local councils, so much as it is in giving tremendous new powers to the principal. The principal will be able to hire vacancies regardless of seniority. The principal will have a budget that he shall present to the local council for approval. Because of lump sum budgeting, there'll be much more money that the principal will have control over. The principal also will be given increased ability to remove teachers that are not satisfactory. The remediation period that used to be a year is being reduced to 45 days. So once again it's another power which we are giving to the principal. And contrary to the previous Speaker, I can assure you after long hours of negotiation with the principals and the operating engineers and other unions that work within a school system, the principals will have authority to run their schools and physical plant. Mr. Speaker, I would...I was...would also just like to say upon reflection yesterday there was a Death Resolution for Al Raby. Al Raby, I never really knew that well until he came down here and lobbied 71 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 for this Bill. He did a tremendous job, he would have been up in the...sitting in the chair behind you, Mr. Speaker, right now as this Bill is being called. In a way his spirit, I'm sure, is doing that. He did a tremendous job in lobbying for this Bill. There were others...I'm sure there's others who can speak to that more eloquently than myself, but I certainly wanted to mention it. There were many other people who, I think, worked on this Bill, not out of the spirit of receiving more money themselves or not out of a spirit of selfishness, but rather out of the spirit of trying to help the school children. I would name Mr. Richard Dennis, who contributed money to fund people to come down here to try to help lobby for this Bill. There were others, of course. I think most people, many people's motives were questioned. I think when you look at the product, it's a very dramatic change. I think it's a successful change. So I would be happy, Mr. Speaker, in joining with Representative Levin in urging everyone to vote for this Bill."
"There are only a few more people seeking recognition. Mr. Johnson. Mr. Johnson."
"I move the previous question."
"Mr. Johnson, there are only three people seeking recognition, so, Mr. Johnson withdraws the Motion. Mr. McGann."
"Thank you, Mr. Speaker and Members of the Assembly. I rise to put some facts into the record which I think we're going to have to address in the months and years to come. Fact: Nothing in this Bill will prevent school strikes and that was the purpose of us coming to Springfield was quote school reform. The lack of proper funding will cause a strike. This Bill reallocates present funding, but will not answer the mandates of the Senate Bill 1840. Fact: 72 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 Current power of the board to manage the system is deleted. Fact: General Superintendent and board are stripped of discretion regarding curriculum and program selection. Fact: No line of authority from the district council to the central administration. Fact: No accountability in the legislation. Decision-making is spread among too many. Fact: The mandates of Senate Bill 1840 are too costly inasmuch as the saving of the cutting of bureaucracy will not take place to the tune of forty some million dollars. Fact: Nothing, absolutely nothing, is being done for the most important ingredient of the school system, the children. This is unfortunate. We hear about don't come home without it. Well, I think when the people of Chicago settle down and listen to what is taking place, I think we are going to have to be looking for many, many more reforms. I think Chicago should be making their own destiny in some of these areas and not have the help of those downstaters and those other people that are going to be saying this is the answer to it all. Believe me, it is not. It is not a good piece of legislation. It's something that will probably bring shame upon most of us. Thank you."
"Mr. Shaw."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I had not intended to speak on this legislation, but I do rise in support of this legislation and in 19...but this is not the beginning of reform in Chicago. That reform began back in 1985. We sent legislation out of here back in 1985 that began the reforming of the Chicago Board of Education. But that board that we have there and the administrators that we have there have refused...have refused to carry those mandates out. And as a result and I'm talking about the none where it didn't cost them a dime 73 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 to carry out many of those mandates that we voted out of this Assembly in 1985. But it wasn't until two years ago that the Board of Education itself admitted that 50% of the students coming out of the Chicago School System could not read. Remind...I remind you that those students that come out that cannot read, they wind up in the penitentiary and you pay more for that student not giving him an education, you're going to pay for 'em in the penitentiary. Certainly, it's a...it might be some things wrong with this Bill. There's no perfect legislation come out of this Body. I understand that, but that's why we come back time and time again after every legislative Session to make changes that we might have missed. This is not a perfect Bill, I guarantee. I'm not altogether happy with this legislation, but it's the beginning for the children of Chicago. It allows the people who have the children in the system to participate in that system. And I think this is long overdue. I'm for an elected school board, but that is not to be. That's not the issue before us. The issue here is, is the Board have refused to act, the administrators, the General Superintendent has refused to act, now it's time that this Body give the...some say-so about this system to the people who have the most to lose. And that's the parents of the children, the 430,000 children who go to that system. And certainly the Board itself and the interested parties is interested in killing this legislation. There are some people, there are some members of that Board who's interested in killing this legislation, but I urge Members on this side of the aisle and the other side of the aisle, we've all worked hard on this legislation. And if it need...if something needs to be rectified, let's pass this piece of legislation out and come back next year and straighten out what we failed to 74 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 straighten out this year. I urge an 'aye' vote on the legislation."
"The Chair would like to advise those in the galleries that applause are prohibited during debate. Representative Davis."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the 85th General Assembly, recognizing the need to improve education in the City of Chicago as well as many school districts across the state and not just Chicago, I must advise you of what this Bill actually is doing. Many people are believing that this Bill is going to create a better school system in Chicago. Let's start from the top about the decrease in bureaucracy, which is what a lot of us heard. We want to decrease the bureaucracy. First of all, the Bill eliminates the current board members. It puts in place eventually seven interim board members, about a year later we're going to add 15 from 11 board members. Stability, I'd say no. I'd say it adds to... I'd say it creates instability. Another thing this Bill does is, it decreases parental participation. We claim we want greater parental participation and yet we limit the number of parents who can participate to six. I say to you there are many school councils today that exist where there are more than six voting parents. This Bill insults my intelligence when it strips from the superintendency, whomever he or she is, the rights of other superintendents across the State of Illinois. Why take the powers of the school superintendency from the superintendent of Chicago? This Bill removes the power from the Board of Education of Chicago and gives that power to a reform authority. My question to you is why? If this Bill, if the intent was to prevent strikes, we all know that it does not do that. We all know that the principal is still not in charge of his 75 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 or her building. There's absolutely nothing in this Bill that demands accountability from the parents to the general superintendent or the district superintendents. At the subdistrict level it limits parental participation to one, and yet they claim they want greater parental participation. Even if the same Board of Education would be sitting, we don't need any reform authority nor those powers enlisted herein. I believe this Bill is a slap in the face to all citizens of Chicago, because what it's saying to them is, even if you are one of the chosen few to be on that board, you don't have the ability, the competence, nor the honesty to be a good board member. Ladies and Gentlemen, I have grandchildren who attend the Chicago public schools. Ladies and Gentlemen, my children attended the Chicago public schools. I am concerned about the children who attend that system. I don't want to see the chaos in Chicago similar to that which is occurring in New York in District 9 because of a similar experiment. My children should not be experimented upon. This kind of action is not taking place across the State of Illinois, but only in Chicago where the minority students are the majority. In other words, there are 89% black and hispanic students. I believe in self-determination. I believe that the parents of the children who attend that system have a right to reform their system. The PTA, the representative of 25,000 families or more, actually it's 700,000, is opposed to this Bill. The parent council of the Chicago public schools who have been down here everyday, they are opposed to this Bill. I'm opposed to money coming from a school system that's already strapped for funds being used to train parents. My colleague, Representative Cullerton, just stated that the parents will have a right to decide if they want the Board of Education to train them or if they 76 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 want to hire outside consultants. I say no. There's hocus-pocus dominocus as Mayor Washington used to say in reference to the Title I money following the child and yet holding harmless all other schools. It's impossible, Ladies and Gentlemen. It's terribly important to me that you support the Chicago public schools and you leave the integrity of my system intact, that you consider the fact that I was not a part of that Conference Committee Report. We're not in leadership. We didn't meet with the Governor to make this final decision. And I hope that you will consider those who have said the Bill is flawed. They admit it's flawed, so why should we have to suffer? Why not wait until there is time to make a new Bill? And these slogans that are dashed around school reform, school reform. What does it actually mean? In this Bill it merely means a changing of power from one group to another. And the group it's being transferred to is not the professional group, not the professionals who are trained to educate children. The Bill is designed to create chaos. We don't need any additional chaos in our system. We need a system with some stability. My city is already going through enough problems. Please, Ladies and Gentlemen, don't add to those problems by creating chaos to make a few people happy. Realize there are 430,000 children involved here. You'll never see them mentioned or hardly mentioned in this Bill. Please vote 'no'."
"The Chair will advise those in the gallery, you are our guests. You are not entitled under the rules to applaud or to boo anyone. If you persist in your conduct, you shall be removed from the gallery. We welcome you as guests. Please conduct yourself properly. Thank you very much. Mr. Williams."
"Thank you, Mr. Speaker. Today we're about to embark 77 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 upon, as they say in The Twilight Zone, The Unknown. We're about to change a system because the system that's in place apparently has not proven to be the... what I would call the scale to success for our students that we would like it to be. Let us review the history of reform here. Let us understand when we came here last year when this whole thing started, it was out of the school strike. There was a need for money. We came to the state for money and the state in essence said if you reform your schools, we may be willing to provide the adequate funding needed to give the proper level of education for our schools. Even though we are about to, I believe, pass this legislation, the City of Chicago will still pay greater than 50% of its burden towards the education of our children, although many of us feel that the Constitution mandates that the state pay its primary share which is greater than 50%, which will not be accomplished here today. We also state and we also know that the slogan that this Bill will not make Johnny read is very true. We realize that no administrative change will make Johnny read. Johnny, his parents and the administration there must work together and commit themselves for Johnny's sake to make Johnny read. For this legislation does principally one thing, it redirects the shift in the flow of the structure of the school board. Instead of going from top to bottom, it will now flow from bottom to top. If that's a good thing, we will soon see. Right now we're still going into the unknown. I stand here today based upon, as you all know, and as the press made a big light about it, the caucus, the black caucus had a number of concerns. And when I went into the negotiations, I went in in good faith. I said that I will work to come up with acceptable language. I, myself, was a part of that negotiation. I, myself, actually put language into this 78 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 particular Bill. Therefore, in good faith as I stated, I intend to support this Bill based upon my commitment to work to come out with something that will eventually lead to a change, but I don't want to make any misconceptions today or in the future about what's going on. We still need the money. That has not come. I want you to remind you of this that after we make these changes and after the school system in Chicago has been through this transition that we will still need that funding and that commitment from both sides of the aisle. That if we make the needed changes, that the needed funding will come. Let us be reminded of that at the proper time when we make the proper request based upon the changes that are being made here today. I also want you to know that one of my reason is because I do believe that the Chapter I funds that are being changed are necessary for the schools in my district and my district will benefit from those changes. And I want to warn those parents here and I tell them as they sit and they understand, we are making a dramatic shift in power. You will have the ultimate responsibility to make sure that the schools in your area work. If you do not work, this plan will not work. Understand it and understand it well as you sit there today and you listen and you've pressured for over a year now to have this Bill. You will not and should not look at yourself as dictators but look at yourselves as working for the good of the parents and the children in your area. You must understand that if you let this purposes that we put out today go for what I call selfish reasons, and I state because I know that part of this started out of something that happened in my district when a principal in my district at Beethoven School, who tried to institute changes which whether or not I truly understand, there are many of us thought that the 79 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 changes that they tried to institute were not that bad. But understand this, this is not a carte blanche. This is a start and understand also cause many of you came at us in the early part when we raised our objections and told us we had no right to change a word. This is a evolutionary process. This is a start and not a finish. We will be reviewing this piece of legislation and this will be as I stated, just a start. So please understand as we vote here today, that we do it cautiously. In fact, we do it with some reservation, but we do it because we believe that there must be a change and that this is a start. Thank you."
"The question is, 'Shall this Bill pass?' Those in favor of the passage of the Bill will signify by voting 'aye', those opposed by voting 'no'. Representative Lou Jones to explain her vote." Jones, L.: "Thank you, Mr. Speaker and Members of the House. I rise to explain my vote. This is not and I will say not true school reform. I am voting 'yes' on this Bill for one reason and one reason only. In my dis...in my school districts 11, 12, 13 and 14 are all Title I schools except one. This Bill supposedly will give those schools in my district approximately $4,000,000 more for programs, reading programs, math programs, larger school space and for things that will make their life better and hopefully get them a better education. This School Reform Bill is going out of here without no money, not one dime attached to it. I would be remiss to say that I am in favor of this Bill. All the pressures that have been put on me because of the district that I live in and because of them buttons that say 'Don't Come Home Without It'. Well, I want you to know, you're going home without it, cause you're not going home with no money. You're going home with a promise and 80 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 I'm here to tell you that I will be tracking those Chapter I funds to make sure they get into my schools, those four school districts. And I hope that if this General Assembly is truly sincere about helping us reform our schools in Chicago that they will not hesitate when we ask for true school reform and that's funding. Thank you."
"Have all voted who wish? Have all voted who wish? Mr. Daniels to explain his vote."
"Mr. Speaker, Ladies and Gentlemen of the House, it is evident that the School Reform Bill will receive the necessary votes to pass. We on the Republican side have done our best to work with you in a spirit of cooperation to accomplish the end product that is for the betterment of the children of Chicago. We hope that this Bill with its passage will accomplish those desires and goals, that all of us in the General Assembly expect and hope for for the future leaders of tomorrow. We, in joining you in passing this Bill, will continue to pledge work towards the excellence of education so all children, all children in the State of Illinois, receive the same benefits, the same opportunities and the same accomplishment to the dreams for a better tomorrow. And together in this House, as displayed by this piece of legislation, we will find that we will be able to work towards a better tomorrow. We hope this Bill will accomplish that and we wish the Chicago system of education the best in its efforts to move forward."
"Mr. Turner to explain his vote."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. As mentioned by the previous Speaker and I won't delay this Body, because it's quite obvious that this Bill is going to fly out of here. But I'm awfully concerned and I'm...remember the late Doug Huff. And we all remember 81 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 Doug when I first came to this General Assembly, in fact, I was placed on a committee called The Local School Reorganization Committee. Doug worked on that particular Bill for eight years, and the Bill, of course, never was brought to flourishtion(?) here on the floor. Here in six months we've come up with a solution. And I'm amazed when I see all those green lights from both sides of the aisle and everybody figures that they've got the answer to a system that is 90 or 80% minority. I must admit that although I was not involved in the school reform negotiations and I claim not to be an expert on all issues here in this Assembly and I pick and choose those that I decide I want to work on. But I have a lot of problems with this particular Bill and I'm not going to nit-pik here today. But I tell you, I speak for the parents and I represent a very poor community and I speak for those parents who are very deprived, those of us who are struggling to try to make ends meet, who say look, and I have kids in the public school system, I don't want to go to the schools to try to tell the teacher how to run the school, I didn't take any education courses in college, I don't claim to be a teacher. And I think that job ought to be left to the teachers and the principals and those involved. I believe the parents do have a role. I play my role in terms of working with my particular school that the kids are going to, but I think this is a bad Bill and I think the people who are going to benefit most are the lawyers, are those who are involved with the contracts, the ones that are standing behind this wall here, the ones who are standing on the rails out there, because this Bill certainly is unconstitutional and yes, it has a lot of flaws. But the constitutionality is going to be tested before we can correct the flaws on this particular Bill. 82 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 And there will be well over a half million dollars in legal fees in trying to determine what is said and what is what in this particular Bill. And it's for that reason that I rise to vote 'no' on a Bill that everybody says, Art, you're wrong. But I'm sick and tired and I've seen this over the last eight years. We wait till the last day, the last hour. We save the most important issue till the last few minutes and we say we got to vote on it and you got to do it right now. This is not going to help the kids back home read and write. And for that reason I vote 'no' on this Bill and I certainly question the constitutionality of a board that is not elected by the Mayor having the right to pass on a property tax levy, when it's elected by nobody. And I'm not a lawyer, and yet that's a constitutional question that was presented to me from one lawyer that's just sitting around waiting to sap up the legal fees. And to the lawyers, good luck and I hope you enjoy it. And I vote 'no' for this Bill."
"The Chair wishes to advise the Members that there will be two more items after this Bill. There shall be two more items after this Bill. So have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 98 'ayes', 8 'nos'. The House does adopt Conference Committee Report #1 to Senate Bill 1840 and the Bill having received the required Constitutional Majority is hereby declared passed. On House Calendar Supplemental #3 there appears Senate Bill 898. The Chair recognizes Mr. Steczo."
"Thank you, Mr. Speaker, Members of the House. I would move to...that the House adopt the First Conference Committee Report on Senate Bill 898. Very quickly what it does it corrects an error that this General Assembly made last year when we passed a Bill dealing with school... 83 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 school board vacancies. As you are probably aware that... that the time in which school board members have to replace vacant school board seats was changed from 30 days to 15 days. This Conference Committee Report changes it back to 30 days. And that's something I'm sure you've heard a lot about over the last couple... couple days. Secondly, we correct a situation occurring in suburban Cook County, where we elect township school trustees. It's possible right now where if a school district crosses a township boundary, a township border, people in the affected area may not be able to vote for the school township trustees. So this simply allows them to do so. I would move for the adoption of the First Conference Report, Mr. Speaker."
"Mr. McCracken."
"Thank you, Mr. Speaker. I rise in support of this and I think most of us have heard from our local boards of education. They need these 30 days in which to have the opportunity to repor... to appoint to a vacant position. We fully are... we are fully in support of this and ask for an 'aye' vote."
"Representative Stern."
"Mr. Speaker and Members of the House..."
"Would the Members please give their attention to Representative Stern."
"I know we are all anxious to hit the road, but I had one concern about this Bill that I hope the Sponsor can clarify for me. Apparently, an elector for the board of school trustees or sorry... yes, school trustees elected from a township can vote in his... in the township in which he does not live and also in the township in which he does live. Now this is a case of... trying to make sure that a voter is not disenfranchised but what it successfully does is doubly enfranchises him, and this precedent gives me 84 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 some concern. I... I don't know how serious it is, but I am concerned about it. Would you respond to that anxiety, Mr. Steczo?"
"Sponsor yields."
"Thank you, Mr. Speaker. In response, just let me say that, that in the... in suburban Cook County, which is the only area that is affected by this Bill, the township school... school trustees have a number of other functions which may, in fact, affect those people living in that affected area. So by allowing them to vote for the township school trustees in the school district in which they reside, although it may not be the township, we allow them input into that and because they have a function that... that may impact the area that they live, we allow them to do that as well."
"Well that makes good sense to me except that they are also going to vote again for the trustee in the township in which they do live. I just think there is a problem there. I don't know how big a problem, but there is a problem. They are voting for two different individuals where they are really only entitled to one vote."
"But yet the... the policies of either may affect them, and that's what we're trying to provide."
"Agree... okay."
"Mr. Black."
"Thank you very much, Mr. Speaker. Will the Gentleman yield for a quick question, please?"
"Sponsor yields."
"Terry, I don't see the language in the Conference Committee Report anywhere that changes the days. The only thing I can think of and if you'll help me out, it might be in that you are inserting Section 521 and 1010 of the School Code, is that... because if it isn't in there, I 85 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 don't see the language changing the days at all in this Conference Committee Report..."
"Representative Black, it's difficult to find. That's one of the reasons it slipped by us last... last July or last June. If you'll look on page 4, line 18 you will find... you will find the appropriate change."
"I see it. Thank you very much."
"Any further questions? The question is, 'Shall this matter pass?' Those in favor signify by voting 'aye', those opposed by voting 'no'. 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 114 'ayes', no one voting 'no'. The House does adopt Conference Committee Report #1 to Senate Bill 898 and the Bill, having received the required Constitutional Majority, is hereby declared passed. Let the record show that the First Conference Committee Report on Senate Bill 898 passed with an Extraordinary Majority and therefore, the Bill having received that required Extraordinary Constitutional Majority, is hereby declared passed. The next item is on Supplemental Calendar #4. House Resolution 1936, Mr. Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The hour is late and we all want to go home, but this item, House Resolution 1936 is very timely. Accordingly, I move to discharge the Executive Committee and advance to the Order of the Speaker's Table for immediate consideration."
"Mr. McCracken, agree? The question is, 'Shall the Gentleman's Motion be adopted?' Those in favor signify by saying 'yes', those opposed by saying 'no'. The 'ayes' have it. The Motion is adopted and the matter shall... and the matter was adopted by the Attendance Roll Call, and the matter shall be placed on the Speaker's Table. Mr. Clerk, 86 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 would you read the Resolution. Mr. Lang. Mr. Lang, would you present the Resolution. Proceed."
"Thank you, Mr... thank you, Mr. Speaker. Ladies and Gentleman, House Resolution 1936 is basically a Resolution which supports the action of the State Department and Secretary of State Shultz in their efforts to deny an entry visa into the country for Yasser Arafat. As you know, the United States has been under attack by many countries around the world and from many people within the country for their failure to allow Mr. Arafat to speak here. Mr. Arafat is a known terrorist. His organization, the PLO is a known terrorist organization. And Mr. Shultz was simply doing his duty as Secretary of State in this country. We do have a law in this country that prohibits the entry of terrorists for any purpose. I think it's a known fact that Mr. Arafat is a terrorist, condones terrorism and refuses to renounce terrorism. Accordingly, I would ask green votes from all of you for this very important Resolution."
"Mr. McCracken."
"Thank you, Mr. Speaker. And Representative Lang, I want to compliment you on bringing this to our attention. I could not agree with you more, Sir. And I am proud that the Ronald Reagan White House is responsible for that decision. And I do not say that to politicize the issue, but let's face the facts. It is the Republican White House that made the decision to deny entry to that terrorist. And it makes me proud to be a Republican, makes me proud to be an American, when they stand up to the U.Ν. and its terrorist policies and its approval of terrorism. It is time we stood... we stood tall. It is time we said no and not allow ourselves to be browbeat throughout the world, because we stand for freedom, law and order. Sir, I could not be more happy to be with you on this. I hope, I hope 87 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 that every Member of this General Assembly will agree to be added as a Cosponsor to this Resolution. We need everybody. We need to send a resounding message to Washington and to New York and to the United Nations, we are going to stand tall in favor of law and order. Now, I know there's some controversy. Apparently there's a platform or a plank in your platform, which has caused some embarrassment, but I would hope there is no question that we know that the Secretary of State and our President has. done the right thing. And I ask leave, Sir, that all Members be added as Cosponsors to this Resolution."
"Mr. McCracken, there is objection to your request for leave to add every Member to the Sponsorship of the Resolution. Mr. McCracken, I have a question to ask of you, Sir. You seem to be speaking on behalf of the Reagan White House, could you advise all of us if the Reagan White House plans to return Mr. Daughterty, the admitted IRA killer of a British soldier in Northern Ireland to the British prison from which he escaped in the north of Ireland, Sir?"
"Very soon."
"Would you have the answer to that?"
"I don't know. I don't know."
"I see. This gentleman is an admitted killer of a British soldier being held in confinement in the United States."
"Sir, if you... if you put out a Resolution to which we can respond, I'd be happy to debate the issue. But what is before us here today isn't... is... is a case of fundamental human rights which we cannot afford to ignore."
"You will agree that the Irish should keep their quarrels in Ireland, right?"
"I'd be happy to debate the issue." 88 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988
"Now the question is on the Gentleman's Motion to adopt the Resolution. Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it. Resolution is adopted. And the Chair recognizes Mr. Lang."
"Mr. Speaker, I would move that all those that want to be recorded as Sponsors, be recorded as Sponsors. It's certainly fine with me."
"Well... They can approach the well and they can sign this form I have, relative to the return of Mr. Daughterty to the British authorities. Now, there's the matter of the Agreed Resolutions. And then we will adjourn upon the adoption of a Death Resolution for a former Member who most of us... who are very young, knew. Mr. Clerk."
Clerk Leone: "Senate Joint Resolution 180, offered by Representative Black and Weaver. Senate Joint Resolution 181, offered by Representative Deuchler. House Resolution 1957, offered by Representative Black. 1958, by Representative Leverenz. 1959, by Parke and Wojcik. 1960, by Parke and Wojcik. 1963, by Barger. 1964, by Granberg. 1965, by Black. 1968, by Kubik."
"Mr. Matijevich moves to adopt the Agreed Resolutions. Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it. The Agreed Resolutions are adopted. Death Resolutions."
"House Resolution 1961, by Johnson. 1962, by Johnson. 1966, by Anthony Young and 1967, by Berrios."
"Committee on Assignment. Okay, strike the Assignment of those matters to the Committee on Assignment. Mr. Matijevich moves for the adoption of the Death Resolutions. Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it. Resolution... the Resolutions are adopted. Mr. Clerk."
"House Resolution 1932, offered by Leader Daniels 89 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day and all Members." December 1, 1988 'WHEREAS, the members of this assembly were saddened to learn of the death on July 16, 1988 of one of its most respected former members, Clarence E. Neff, who proudly served in this chamber for 22 years; and WHEREAS, many of us in this chamber today were privileged to have served beside this esteemed lawmaker and witnessed his sincere dedication to serving the people he represented; and WHEREAS, Representative Neff assumed many leadership roles during his tenure in the House, including serving as the dean of the House Republican Caucus, Chairman of the Transportation Committee, and Vice Chairman of the Agriculture Committee; and WHEREAS, serving the people of the 95th District was of first and foremost importance to Representative Neff, who was noted for bringing many needed services to the citizens of Western Illinois; and WHEREAS, Clarence Neff's outstanding leadership was recognized beyond the walls of this chamber, and he served as Chairman of the Illinois House Republican Campaign Committee until his death, as state Republican Central Committeeman for the 17th Congressional District, and as vice chairman of the state Republican Party; and WHEREAS, Representative Neff's distinguished record of public service spanned several decades and included serving as Mayor of Stronghurst for 16 years, and as Chairman of the Henderson County Republican Central Committee for over 30 years; and WHEREAS, his dedication to serving his fellow man was evident in every facet of his life, as Clarence Neff was involved in numerous community organizations, including the Carman-Stronghurst Masonic Lodge, the Ansar Temple, the Royal Arch Masons, the Elks, 90 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 the Stronghurst Booster Club, of which he was a charter member, and the Stronghurst Bethel Lutheran Church, where he served on the church council; and WHEREAS, Clarence Neff's dedication to the causes he embraced earned him countless honors and awards, including the Distinguished Service Award from Tri-State University and an Honorary Doctor of Law degree from the same institution, from which he received B.S. degrees in Electrical and Civil Engineering; and WHEREAS, the members in this chamber and the citizens of the State of Illinois will greatly miss Clarence Neff; now therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 85TH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS that we hereby express our deep gratitude for Clarence Neff's countless contributions to the citizens of Illinois and further express our heartfelt sympathy to his wife Elaine, daughter Janice, and son Charles, three grandchildren, brother LeRoy, and sisters Ruth Bomke and Velma Copeland; and be it further RESOLVED, that suitable copies of this resolution and preamble be presented to his family members.'
"And as a further showing of our loss, the House will stand adjourned."
"Mr. Daniels."
"Mr. Speaker, Ladies and Gentlemen of the House, it is appropriate that we take a few moments to honor the memory of a departed friend and colleague, Clarence Neff. In the fourteen years that I've served in the General Assembly there's nobody that has impacted my life greater in this process than Clarence Neff. Yes, he epitomized all that is 1 91 STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day December 1, 1988 good, all that is true and all that is sincere in the dedication of service to the people of Illinois. He was, in many sense, Western Illinois. He reflected so much the people that he represented. And it was so important to him that their ideas be brought to the General Assembly and adequately represented in the person that deals with them. You know, when I first ran for Leader, Clarence supported me from the very start. He came into my office and he looked at me and he said, 'I've known you for a few years now, I think you'd be a good leader'. And he said, 'I'm not asking you anything for it other than to do your best'. And it was at that point that I started to learn about the man, Clarence Neff. I didn't know at that time that he flew his own plane. And I found that out soon, because when I went over to Rockford for another meeting, Clarence said he'd meet me there and I was standing in the airport and watched Clarence fly his plane and land the plane. I didn't know until I had a disagreement with Clarence that he left home at an early age to make his fortune. And yes he was truly the American story of success. Yes, he left home at an early age. He went out on his own and he built the financial strength and resources that brought his family great pride. He became Stronghurst, Western Illinois. He was honored and loved by the people of his community. And I can tell you that if any of us achieve the greatness and the respect and the love that this man achieved during his lifetime, then our lives will be the most fulfilled portion that we could expect at any time in anyone's future. And if some day in the future, if some of us stand to reflect upon the greatness of any of one of us today, as we are doing now of Clarence Neff, we will all bring pride to the job that we've been elected to perform. I wish that every sense of good words and accomplishment 92 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 that I could put just in the shortest of short sentences, that I could epitomize in so few words all that this man stood for. I can only tell you that he was loved by all, respected by all. And he made his mark on this state and that mark will carry forth in this Assembly and in our memory we will continue to honor him. So, Mr. Speaker, in this moment of dedication to Clarence Neff, I ask that all Members join in the recognition of a great man, that we will remember and I for one will remember for the rest of my life; and for that I'm grateful."
"Mr. Slater."
"Thank you, Mr. Speaker. Perhaps it's very proper that my last remarks in this General Assembly will be in honor of my predecessor, Clarence Neff. I first met Clarence Neff in 1962, when he was running for the State House of Representatives. He was running to replace another legend. A Republican Representative named Rollo Robins. And Rollo Robins had served in this august Body for a total of 36 years. Clarence Neff himself became a legend serving in this Body for 22 years. Clarence Neff always had time for everyone who had a problem. Those of us who knew him back home saw him inevitably, in his John Deere coat with his pipe in his mouth and that crazy hat on his head. He was a farmer, he was a banker, he was a farm implement dealer. And above all he was a good politician. He loved politics, he loved this Body. In July of 1988, Western Illinois buried a legend."
"Mr. Keane."
"Thank you, Mr. Speaker. It was my privilege to serve with Clarence on the Audit Commission and there I got to know him fairly well. I can only echo what the previous speakers have said. He was a very kind and a very gentle man. And I think we'll all miss him. He was an example to 93 135th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1988 y... at that time, young Members such as I, and I will remember him as long as I'm... I'm alive. And I only hope that I can be thought many of the things that I thought... I think of Clarence and many of the... much of the respect that I have in my heart for him, I'll be... I'll be remembered in the same way."
"The question is, 'Shall the Resolution be adopted?' Those in favor signify by saying 'aye', those opposed by saying 'no'. The 'ayes' have it. The Resolution is adopted and upon the adoption of the Resolution, the House does stand adjourned until January 9 at twelve noon. And the Chair would wish all of you a very Merry Christmas and a Happy New Year and the Chair is joined in that by Representative Daniels. So have a very happy holiday. Thank you." 94 REPORT: TIFLDAY 10:44 STATE OF ILLINOIS 85TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX DECEMBER 01, 1988 PAGE 1 02/21/89 HB-1279 CONCURRENCE HB-1279 MOTION HB-1820 MOTION HB-2102 CONFERENCE HB-3083 CONCURRENCE HB-3083 MOTION HB-3355 MOTION HB-4180 MOTION SB-0711 RECALLED SB-0711 MOTION SB-0898 CONFERENCE SB-1214 THIRD READING SB-1840 CONFERENCE SB-1915 SECOND READING SB-2123 THIRD READING SB-2185 CONFERENCE SB-2185 MOTION HR-1932 ADOPTED HR-1932 RESOLUTION OFFERED HR-1936 MOTION HR-1936 RESOLUTION OFFERED HR-1938 ADOPTED HR-1938 RESOLUTION OFFERED HR-1941 ADOPTED HR-1941 RESOLUTION OFFERED HJR-0224 MOTION HJR-0224 RESOLUTION OFFERED PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE 33 33 12 44 7 8 13 13 60 64 83 3 65 41 5 12 12 94 89 86 87 26 14 32 27 49 54 SUBJECT MATTER HOUSE TO ORDER - SPEAKER BRESLIN PRAYER - FATHER JOHN OSSOLA PLEDGE OF ALLEGIANCE ROLL CALL FOR ATTENDANCE AGREED RESOLUTIONS DEATH RESOLUTIONS ADJOURNMENT RESOLUTION COMMITTEE REPORTS MESSAGE FROM SENATE REPRESENTATIVE GIGLIO IN CHAIR AGREED RESOLUTIONS SPEAKER MADIGAN IN CHAIR REPRESENTATIVE TROTTER'S OATH OF OFFICE REPRESENTATIVE GIGLIO IN CHAIR COMMITTEE REPORTS RECESS HOUSE RECONVENES - SPEAKER MADIGAN IN CHAIR AGREED RESOLUTIONS DEATH RESOLUTIONS ADJOURNMENT PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE 1 1 1 1 2 3 3 14 14 32 32 52 52 53 60 60 60 89 89 94