"House will come to order. Chaplain for today is Reverend Jerry Nichols from First United Methodist Church in Springfield. Reverend Nichols is a guest of Representative Curran. Guest in the Balcony may wish to rise and join us in the invocation."
"Let us Pray. Dear God we plead for you blessing today as we confront the challenges of this day, there are SO many ways for us to turn that often we are confused, we have pulled this way and that, in the mist of all this turmoil oh God, we pray that you will lead us to serve you. To serve you in the best interest of all people and the common good. You've made us all brothers and sisters SO help to Act as a family doing what is good for every person we represent, give this body holy vision that the day may come when the needs of the greatest and the smallest have equal value in our society and in all the world. All this we pray for your glory and honor. Amen."
"We will be lead in the Pledge of Allegiance by Representative Ropp."
"I pledge allegiance to the flag of the United States of America and to the Republic for which it stands on Nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Representative Kubik."
"Mr. Speaker would you let the record reflect that Representative McAuliffe has an excused absense today."
Speaker McPike "Representative Matijevich."
"Yes Mr. Speaker, let the record reflect the excused absence of Woods Bowman, he's on official business in Washington D.C."
"Take the record Mr. Clerk. 116 members answering the Roll Call Quarum is present. Cullerton in 1 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day the Chair."
March 14, 1989 "Agreed Resolutions."
"House Resolution 145 offered by Representative Johnson, 146 Johnson, 147 Didrickson, 150 Terzich, 151 Zickus, 152 McGann, 154 Mulcahey, 157 Weaver, 159 Morrow, 161 Terzich, 163 Frederick."
"Representative Matijevich on Agreed Resolutions. Representative Matijevich."
"Speaker I move the adoption of the Agreed Resolutions which we have examined."
"Gentleman move to the adoption of the Agreed Resolutions. All in favor say 'aye' all oppose say 'no' the 'ayes' have it the Resolutions are adopted. Death Resolutions."
"House Resolution 156 offered by Representative LeFlore, with respect of the memory of Excellor Pearson Doss, House Resolution 158 offered by Representative Morrow with respect to the memory of Amund A. Rainer Sr., House Resolution 160 offered by Representative Morrow with respect to the memory of Norman Vincent Brewer, House Resolution 162 offered by Representative Anthony Young with respect to the memory of Ronald Carmiel Bearden Sr."
"Representative Matijevich moves the adoption of the Death Resolutions all in favor say 'aye' all oppose say 'no', the 'ayes' have it Resolutions are adopted. Introduction and First Reading by the Assistant Clerk."
"House Bill 564 offered by Representative Cowlishaw, a Bill for an Act relating to the insulation of sprinkler systems in school building's, First Reading of the Bill, House Bill 565 offered by Representative Cowlishaw, a Bill for an Act relating to life safety and fire prevention inspections and standards in schools. First Reading of the Bill, House Bill 566 offered by Representative Matijevich 2 13th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 14, 1989 et-al, a Bill for an Act to provide for the registration of foreign interest in certain Illinois property. First Reading of the Bill, House Bill 567 offered by Representative Matijevich, a Bill for an Act to amend the Workers Compensation Act. First Reading of the Bill, House Bill 568 offered by Representative Breslin, a Bill for an Act to amend sections of an Act regulating wages of laborer, mechanics, and other workers employed in any public works by the state, county, city or any public body or any political subdivision or, or by anyone under contract for public works, First Reading of the Bill, House Bill 569 offered by Representative Daley, a Bill for an Act to amend the Illinois insurance code. First Reading of the Bill, House Bill 570 offered by Representative Wennlund, a Bill for an Act to amend sections of the Illinois highway code. First Reading of the Bill, House Bill 571 offered by Representative Wennlund, a Bill for an Act to require that school bus drivers be tested for control substances. First Reading of the Bill, House Bill 572 offered by Representative Wennlund, a Bill for an Act to amend sections of the Illinois vehicle code. First Reading of the Bill, House Bill 573 offered by Representative Daley, a Bill for an Act to amend the Illinois insurance code. First Reading of the Bill, House Bill 574 offered by Representative Pullen, a Bill for an Act to amend sections of the Illinois abortion law. First Reading of the Bill, House Bill 575 offered by Representative Wennlund, a Bill for an Act to amend an Act to revise the law in relationship to counties. First Reading of the Bill, House Bill 576 offered by Representative Williamson, a Bill for an Act regulating fireworks. First Reading of the Bill, House 577 offered by Representative Cullerton, a Bill for an Act to amend sections of the funeral directors and 3 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989 embalmers licensing Act. First Reading of the Bill, House Bill 578, offered by Representative Curran, a Bill for an Act to amend sections of the Illinois pension code. First Reading of the Bill, House Bill 579, offered by Representative Curran, a Bill for an Act to amend sections of the Illinois Pension Code and to amend the state mandates Act. First Reading of the Bill, House Bill 580, offered by Representative Curran, a Bill for an Act to amend an Act creating Department of Children and Family Services codifing it's powers and duties in repealing certain Acts in sections here and name. First Reading of the Bill, House Bill 581, offered by Representative Wennlund et-al, a Bill for an Act in relationship to conditions a probation and supervision. First Reading of the Bill, House Bill 582 offered by Representative Madigan Daniels et-al, a Bill for an Act to revise for the ordinary and contingent expenses of the General Assembly. First Reading of the Bill, House Bill 583 offered by Representative Madigan and Daniels et-al, a Bill for an Act making appropriations for furnishing the legislative staff; secretarial; clerical; research; technical; telephone; or other utilities services; office equipment and office rental costs to members of the General Assembly. First Reading of the Bill, House Bill 584 offered by Representative Madigan and Daniels et-al, a Bill for an Act making appropriations to the various legislative support agencies. First Reading of the Bill, House Bill 585 offered by Representative Steczo and Didrickson et-al, a Bill for an Act to amend sections of the school code. First Reading of the Bill, House Bill 586 offered by Representative Cowlishaw and Steczo et-al, a Bill for an Act to amend sections of the school code. First Reading of the Bill, House Bill 587 offered by Representative Black 4 13th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 14, 1989 et-al, a Bill for an Act in relationship to health inspections of public elementary and secondary school district cafeterias. First Reading of the Bill, House Bill 588 offered by Representative Didrickson and Steczo, a Bill for an Act to repeal sections of the school code. First Reading of the Bill, House Bill 589 offered by Representative Didrickson et-al, a Bill for an Act to amend sections ofthe school code. First Reading of the Bill, House Bill 590 offered by Representative Cowlishaw et-al, a Bill for an Act to amend sections of the school code. First Reading of the Bill, House Bill 591 offered by Representative Matijevich and Steczo, a Bill for an Act providing for the ordinary and contingent expenses of the grand and aid of the State Board of Education. First Reading of the Bill, House Bill 592 offered by Representative Steczo and Matijevich, a Bill for an Act making appropriations to the State Board of Education. First Reading of the Bill, House Bill 593 offered by Representative Didrickson, a Bill for an Act making appropriations to the State Board of Education. First Reading of the Bill, House Bill 594 offered by Representative Brunsvold, a Bill for an Act amend the Emergency Telephone System Act. First Reading of the Bill, House Bill 595 offered by Representative Brunsvold and Wojcik, a Bill for an Act making appropriations to the Department of Commerce and Community Affairs for Civic Center grants. First Reading of the Bill, House Bill 596 offered by Representative Brunsvold and Wojcik, a Bill for an Act relating to the Civic Center finances. First Reading of the Bill, House Bill 597 offered by Representative Ropp, a Bill for an Act to amend the Illinois Public Aid Code. First Reading of the Bill, House Bill 598 offered by Representative Anthony Younge et-al, a 5 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day Bill for an March 14, 1989 Act concerning construction jobs on city assisted projects in cities of over 1 million inhabitants. First Reading of the Bill, House Bill 599 offered by Representative Cullerton, a Bill for an Act to require permanent noise monitoring systems at certain airports. First Reading of the Bill, House Bill 600 offered by Representative Ropp, a Bill for an Act relating the enhance financial support for elementary and secondary education. First Reading of the Bill, House Bill 601 offered by Representative Cullerton, a Bill for an Act in relationship to certain injuries. First Reading of the Bill, House Bill 602 offered by Representative Wojcik and Giglio, a Bill for an Act to amend sections of the revenue Act. First Reading of the Bill, House Bill 603 offered by Representative Dunn, a Bill for an Act to amend the hearing aid consumer protection Act. First Reading of the Bill, House Bill 604 offered by Representative Satterthwaite, a Bill for an Act to amend the school code. First Reading of the Bill, House Bill 605 offered by Representative Ropp and Weller, a Bill for an Act to amend sections of the school code. First Reading of the Bill, House Bill 606 offered by Representative Hannig, a Bill for an Act in relationship to school district income tax. First Reading of the Bill, House Bill 607 offered by Representative Currie et-al, a Bill for an Act to amend sections of the criminal code. First Reading of the Bill, House Bill 608 offered by Representative Saltsman, a Bill for an Act to amend the Illinois municipal code. First Reading of the Bill, House Bill 609 offered by Representative Capparelli et-al, a Bill for an Act to amend sections of the Illinois pension code. First Reading of the Bill, House Bill 610 offered by Representative Stern, a Bill for an Act to amend the Illinois municipal code. First Reading of the Bill, House 6 13th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 14, 1989 Bill 611 offered by Representative Stern, a Bill for an Act concerning the determination of death. First Reading of the Bill, House Bill 612 offered by Representative Terzich and Capparelli, a Bill for an Act to amend the consumer fraud and deceptive business practices Act. First Reading of the Bill, House Bill 613 offered by Representative McGann et-al, a Bill for an Act to amend sections of the public community college Act. First Reading of the Bill, House Bill 614 offered by Representative Mays, a Bill for an Act to amend sections of an Act providing for a lean for physicians rendering treatment to injured persons. First Reading of the Bill."
"On page 2 of the Calendar, on the order of Motions, there appears a Motion by Representative Johnson relative to House Resolution 144. Mr. Johnson. Mr. Johnson. Would you turn on Mr. Johnson."
"I would so move persuant to rule 43(a), to bypass committee and place this Resolution HR 144, on the Speaker's Table for immediate consideration."
"The Gentleman moves and the Chair recognizes Mr. McNamara."
"Thank you, Mr. Speaker. I would object to this Motion, as the Resolution in question which he wishes to do. There was a Motion made in the Veterans' Affairs Committee last week. That Motion was to draw up a similar type of a Resolution prior to that area. We did it by committee action using bipartisan support. We, also, feel that the force of the Veterans' Affairs Committee (of which I am privileged to be chairman), the force of that will carry more weight than an individual member. All members can be added to the Resolution that the Veterans' Affairs Committee will carry. We will prefer to see it that way. I urge that we not take immediate consideration of this 7 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 14, 1989 13th Legislative Day Motion, with all do respect to the sponsor."
"Ladies and Gentleman, back on the order of House Resolution 144, Mr. Johnson has moved to bypass the committee. The chairman of the committee has stood in opposition to that Motion. Mr. Johnson."
"Mr. Speaker and Members of the House, the last thing I want to do is to politicize or make partisan an issue like this. I really don't want to do that, in any way. So, you're going to have to take my comments, Representative McNamara, in that light. It's kind of not ironic but, I mean you have an identical Resolution on the Calendar to House Resolution 155 asks to do precisely the same thing that you're objecting to me doing, now. I think the reason we need to do it, now, is because this is a matter of tremendous topical significance. This issue, if we allowed it to go thru the committee process (even though there isn't anything in the rules that would require that.) I think takes away some of the impact of what we're trying to do on a matter of tremendous significance to people all over the state. You're probably aware downstairs, on the first floor, right now, there are a large group of veteran's who have come to Springfield to express their opinion on this issue and the reason that rules contain provisions for bypassing committee and moving to immediate consideration is specifically for situations like this...issues that need to be addressed immediately. I have no problem, whatever, Representative McNamara. Believe me, I didn't issue this as part a re-election campaign. I would be more than happy to have you and Representative VanDuyne, who are chief sponsors of identical Resolutions and are chief sponsors of identical Motions, consolidated with mine as chief sponsors of this Resolution so we can get the matter addressed today so that 8 13th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 14, 1989 people all over the state and specifically, so that a situation where the flag is being trampled upon daily and everything that we believe trampled upon daily can be addressed, immediately and so the people of Illinois don't think we have to go through the committee process to address an issue that's so obvious, so pressing and so significant. So, whatever you want to do, I don't care what order you want to put the names on. It doesn't matter to me. I just want to address the issue today. And I think if we don't, the people of Illinois are going to say, 'why do we need to go to a committee to address what's a Class 4 Felony?' Why do we need to go to a commitee to address an issue that has brought more attention in some ways, ignominy, to that partially, publicly funded or indirectly, publicly funded institute than any issue that's come along, nationwide, in a long time. So, with all do respect, Representative McNamara, I would just ask you to withdraw your objection and join with me in trying to get this issue resolved, at least at this level, immediately."
"Mr. McNamara are you seeking recognition.? The Chair recognizes Mr. McNamara."
"Thank you very much, Mr. Speaker. My name was used and as a point of explanation. I have all do respect for the previous speaker. He is doing a job that I think comes along that all of us in the House wish to do. What has happened is that last week the Veterans' Affairs Committee passed a Motion to draw up this Resolution. In their duly constituted meeting. That is the difference. We have invited and we will continue to invite, as the Veterans' Affairs Committee bypartisan support of the Resolution 155. We have a Motion in for immediate consideration of that. I would ask your forbearance, (sic, perservance.) I would be happy to put every member in the House in that Resolution 9 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989 should they so desire. But, I believe, the main thrust and the impact should come from the Veterans' Affairs Committee and due to the time considerations, I understand that the representative did not have time to do that. We have the vehicle to do that in House Resolution 155 and on behalf of The Veterans' Committee, I urge that you mildly say no on this Motion for reconsideration and to bring forth that and I would be happy to add all Members of the house as I have been signing the sheets on it from both sides of the isle to be cosponsors of that Resolution. Thank you very much for your forbearance (sic-perserverance)."
"The question is Mr. Johnson's Motion to bypass the committee and place this matter on the speaker's table for immediate consideration. Those in favor of the Gentleman's Motion will vote 'aye'. Those opposed will vote 'no'. This matter shall require 71 votes. Have all voted who wish? The chair recognizes Mr. Matijevich."
"Mr. Speaker, my 'present' vote reflects..I received a letter and I'm not sure others received it. I received a letter from Larry DiPrima from the Veterans' organization...Veterans' Affairs Department in appreciation for establishing a separate Veterans' Affairs Committee. And I think it's appropriate that the Resolution in regards to the demonstration of the flag come out of the Veterans' Affairs Committee. This is the first Act that they will have and I think that's more appropriate. I think we're all in agreement with what ought to be done, but let's do it the way Representative McNamara said we ought to."
"Have all voted who wish? Mr. Daniels."
"Mr. Speaker. Ladies and Gentleman of the House. My affirmative vote is not meant to be a slap at the chairman of the committee, Representative McNamara, but, instead, is a strong statement of support for our flag. As soon as 10 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989 possible, Representative Johnson has told me that he is more than willing to add Representative McNamara to this Resolution, I don't think there's any controversy on what this all means in this General Assembly. I am sick and tired of watching on T.V. and reading in the newspapers the desecration of the American flag and all that it stands for. My vote is simple. My vote is 'aye'. My vote is 'aye' as quickly as possible to let the people of Illinois know how the General Assembly feels about the flag. It is not a partisan vote and it is not meant to bother any individual or committee and I'm hopeful that this assembly will speak right now, loud and strong in support or the American Flag."
"Mr. Stephens."
"Thank you Mr. Speaker. I join with my leader on this side of the isle and just to make the point, there are lots of Veterans' on this House floor and I proudly count myself among their member. This issue, in a green vote on the board today, represent the chance for all of us to speak out against an event that we find dispicable, an event that could be taking place at this very moment. When people...with the support and...could be interpreted as a condonment are stepping on the American Flag as we sit and try to delay the issue of where our voices should be heard...or how our voices should be heard. Mr. Speaker, I employ you to...and see the votes changing I hope that we're going to keep this...the green votes up there and do what is right in respect for the American Flag today. Thank you."
"Mr. Johnson will explain his vote."
"Mr. McNamara told me, now, why he has to do this cause he's upset that two weeks ago I made a speech on .an issue with respect to the Smoking Bill that he is concerned 11 13th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 14, 1989 about. So, I'm sorry about that. I didn't that as a personal offense to you, Mr. McNamara, and I didn't mean that as an offense and I don't take this as an offense either. But I think when we're talking about this kind of issue (when we get issues like that involved) and when we start voting 'present' and 'no' on something that's of such emotional and real significance to every human being in Illinois and every American around the country, to try to make this, this kind of issue is just...I mean, at this point of the Session, we're just getting started...I'd do anything you want, you want to be the first sponsor on here? Whatever you have to do, but let's just get this thing called and voted on. The Resolution's are a little different than the later ones. And maybe, this 144 is a little stronger and addresses the issue in a little more strong way, but I don't know why...why we got at this point in the Session, to have to get down on a partisan basis (and it's not really completely that cause there's certainly a number of Democrats that are up there with us on this to.) But, I'm not going to run, and this is a Republican issue, believe me, I'm making a pledge here. There won't be any literature. There's nothing that says Republicans are better supporters of the flag than Democrats, no matter how this vote comes out. It's just that we're all Americans, as Representative Daniels says. When, everyday, we see a situation where the flag is desecrated and insulted and verbally insulted in the worst kind of way, that the people, the veterans downstairs, the people around the State of Illinois, don't understand why we got 32 'present' votes. They don't understand that we got a committee process, and that we got this and that. We by-pass committee on thousands of other issues of far less significance than this one and I don't think that we can go 12 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989 to other people and say: 'well, this got caught up in The Smoking Bill, and this got caught up in the issue of a committee and Republican versus Democrat.' They're just concerned about addressing a real serious issue. I would just plead with you, (and as a matter of fact I'm willing to remove my name as sponsor after this is over) but, to just plead with you to let's get this Motion before us, and vote on it and do what's right, and do what STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989 that this Motion and the following Motion for 153, hopefully, with the cooperation of both Sponsors, we will add their name on. Lets pass the Motion for 155, get it out of the House, pass it, and get this thing done today. There is no rush of one over the other. Everyone has been invited to join on the Resolution. Let's do it."
"Mr. Robert Olson. Mr. Robert Olson."
"Excuse me, my remarks are, very definitely, bipartisan. My Grandfather came to this country in the late 1800's. Through World War 1, World War II, The Korean Conflict, Vietnam, my family and friends of my family have served in the Armed Forces of this country. Some have paid with suffering. Some with the ultimate. It would seem that the rights of the artist are protected by the Flag of our great nation. That Flag is also the symbol that those that we all know of who have served in the military and suffered and paid the price. The first Bill introduced ought to be the first Bill Acted on. Anything else is bipartisan. Excuse me, is partisan. Thank you."
"Mr. Ropp."
"Thank you, Mr. Speaker and members of the House. Every year that we have Memorial Day in this state and in this nation we pay great tribute to those men and women who fought and died for our country. The Flag is the symbol of that country and that heroism that those people demonstrated as they gave their lives. I can't imagine that here today, we are allowing all these people to vote yellow and red, who have, somewhat, told those people that you have died not in vain, that you have in fact, died for something that is, not really, what we...really believe in, If we don't reallybelieve in the American Flag and the traditions that it upholds then, Ladies and Gentleman, this whole General Assembly is not what I consider truly an 14 13th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 14, 1989 American. It is in the best interest for this Body to address this issue positively and support this Motion as quickly as we can so that we can, in fact, stand up and be counted as true Americans and for not desecrating our symbol, the American flag."
"Mr. McCracken."
"Thank you Mr. Speaker. As this Motion take 71 votes, I think we can produce a stand off here if you force our hand. There was no Bill ready for hearing this week in committee. Your Bill was not drafted and posted for hearing. This Bill was not drafted and posted for hearing. These Bills were introduced and they have been numbered in chronological order based, on the time of there introduction. Now, if you want to defeat this for partisan reasons we can defeat your Motions for immediate consideration, and take the matters to a committee and we'll produce a Resolution of a very...immediate concern as to this issue. Now if...you want to make this a partisan Roll call, Sir and I address myself to the Gentleman on the other side of the isle, leading the charge, we can do the same thing to yours because its going to take you 71 votes to move this and you're not going to be able to do it. So if you want to act on this issue, that is of concern to all of us, in a bipartisan manner, then, I urge you to change your position, get on this Bill. We'll put your name on it. You can send it (press release) out to your constituency that you are one of the prime sponsors and we can get it done that way. If, you insist on killing this Bill for partisan reasons, you can expect the same in return."
"Mr. Parke."
"Thank you, Mr. Speaker. Ladies and Gentleman of the House, I stand hear as a member of this Legislature and I 15 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day am embarrassed. March 14, 1989 we now...find something as I'm embarrassed because ourselves involved in partisan politics on sacred as our American Flag. If this not partisan, Mr. Speaker, then take some leadership and allow both Bills to come out and let both Bills have the light of day so that some kind of a compromise on this issue will not be viewed in a partisan manner. You are the speaker for both sides, I expect you to take some leadership in this and provide that leadership that you are elected to provide."
"There being no one else seeking recognition, the Clerk shall take the record. On this question, there 63 'ayes', 8 'no's', and the Motion fails. On page 2 of the Calendar, on the order of Motions, there appears a Motion relative to House Resolution 153. Mr. VanDuyne."
"Thank you Mr. Speaker. Now that Representative Johnson's Resolution has passed, I really see no reason to pursue mine because it is identical. Oh well, let me ask the ruling of the Chair, Mr. Speaker, did the last Resolution pass? Oh, I'm sorry. Ok."
"Mr. VanDuyne, let me suggest that we just pass you matter for a few minutes. That might help the situation. And now, we'll go to the Motion by Mr. McNamara on House Resolution 155. Mr. McNamara."
"...Thank you Mr. Speaker, Ladies and Gentleman of the House. House Resolution 155 is something that we all in this House wish to do. I would like to see that this Motion is passed..."
"Mr. McNamara, excuse me, Sir. Mr. McCracken."
"Point of order. Rule 43(a) requires that in order to even consider the Motion to bypass, the Resolution must be printed and distributed and on the Member's desk. That has not been done. I move that the Chair rule it out of order.'" 16 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day
"Mr. March 14, 1989 McNamara, there's been a point of order. We are attempting to determine if the point is well taken. Mr. McNamara. Mr. McNamara."
"My point of order is that we are speaking to the Motion to pursue unto Rule 43(a), which is to bipass committee, not to the measure itself. Therefore the Motion is legal and valid."
"Mr. McCracken."
"I see it's been distributed. He, who rules the copy machine, rules the House. I'll withdraw my Motion."
"Mr. Johnson."
"I'm not...very bright, I guess I don't...I have a couple questions of the Sponsor. If Representative McNamara might have time to answer."
"Mr. McNamara yields."
"I'm looking at the Motion that's identical to my Motion and I'm looking at the Resolution that except maybe it's not quite as strong it's certainly a good Resolution, and it's almost identical to mine. What...Why, what are you doing different? Why did you're oppose mine and you for this one? Your still trying to bypass committee, is that right?"
"Mr. McNamara."
"Yes. To..to let you know as to why.."
"I'm sorry, what?"
"The reason is not partisan."
"I didn't say it was, I just wanted to know what you are trying to do."
"The reason was..excuse me, you asked me a question, I'll try to answer in the best way I can."
"Well you'r very articulate, so I'm sure you will."
"Okay, the reason why we wish to do it this way was because of a Motion that we passed at our Veterans' Affairs 17 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989 Committee last Thursday with directions to draw up and submit the Resolution on the Flag. Now, we did that for the simple reason that we thought it would have more strength in Illinois, first of all, for the proper committee to draw up that Resolution to submit it to the House and then have all the Members, if they SO desire, become co-sponsors with it. That was the whole reasoning fot it. It was the reasoning as pointed out by the Motion and committee hearing..."
"But, if you think the committee is so significant and it's so important, why are you trying to bypass the Veterans' Committee that you think is so significant to go to. Why do want to bypass the committee?"
"Very simply, the reason I wanted to bypass was the same reason that, I'm sure, you did, in due respect. Because of the immediacy of the nature of this issue and that it must be done, right now, or it's effect is lost on the art institute. And, I don't blame you for your reasoning on it. I just ask you to join with the Veterans' Committee in the House, because if a committee is established at least they should have that right to do the business which they are supposed to be doing."
"Here's what the sponsors of this is saying: That a Resolution (I guess he views as a Republican Resolution). that I agreed to make whatever he wanted it to make wasn't worthy of consideration; that committee shouldn't be bypassed, that the Veterans' Committee has significance and we should honor it's due processees. But, House Resolution 155, (that's his Resolution) ought to bypass committee because it's his Resolution. Well, you know, I thought when I read in the newspaper the comments that I did from the student artist, who's desecrating a Flag...when I saw the reaction to the public that I did toward this issue, I 18 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989 had no idea, in the world, that we'd be able to come in here..that we wouldn't be able to come in here as mature men and women with, I thought one but, now, three Resolutions and address this issue in two minutes. It's so clear, but, somehow I guess, Representative McNamara doesn't feel that's appropriate. The committee works well in some area but it doesn't work good in the case of 144. It works better in the case of 155, but it should be bypassed in both Committees. And, whether he wanted it to or not, he's made this a partisan issue. We started out this debate, Mr. Speaker and members of the House, and I really meant it and I don't think anybody here questions my sincerity that this wasn't a partisan issue, had no business being a partisan issue. And, I think the Speaker and other wiser heads tried to prevail on Representative McNamara by convincing him that it wasn't a partisan issue, but he apparently (either because I voted for the no smoking Bill or because of some unknown reason) wants to make the American Flag into a political issue and I think that's a disgrace. If he wants to run, and this a re-election issue, I'll wtite an endorsement letter for him saying, 'he's a Pro-American, Pro-Flag person.' But, I think it's an embarrassement to this whole process, and an insult to the Veterans' that are downstairs and across the state of Illinois for us to spend 45 minutes debating an issue we could have consolidated three Resolutions (as I offered to do, in one) with two Democratic chief sponsors and one Republican, voted on it two minutes, and told the people of Illinois that this is not a partisan issue. This is an American issue. But, Representative McNamara doesn't want to do things that way. He wants to do things in his way and if you don't do it his way, apparantly, that's an Anti-American position and we shouldn't do it. I guess, 19 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989 the appropriate thing for us to do is honor his request to allow the committee to consider this whole issue and allow all three Resolutions to go to the committee to be considered and then, maybe, all three of them voted out appropriately and for Republicans to vote present on this issue and to have a full committee hearing as Representative McNamara has asked us to do notwithstanding that we didn't want to do it, and then bring this issue to the House floor maybe two, maybe three weeks from now, after the flags been desecrated for another three weeks and make it the issue that it should of been right now. I think it's an embarrassment and an insult to everybody in here that Representative McNamara wants to play things this way."
"The question is, shall the Motion by Mr. McNamara to bypass committee, and place House Resolution 155 on the Speaker's Table for immediate consideration, be adopted. Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Mr. Johnson, to explain his vote." tfh;7 Johnson: "And, I want to make a point of personal privilege. Here, I make a strong speech and I'm going to change my mind. I think this ought to be an issue that's voted on right now, and I think that all the Republicans, instead of voting present as I suggested, ought to go along with Representative McNamara's theory that if he can't have his ball, he's going to take his ball and go home. We want to play basketball and we, specifically, want to say, 'lets honor the American Flag.' So, let's everybody get on this and be a good sport; go along with Representative McNamara because he's such a good guy and he is a good American. I don't question his sincerity. So, we all ought to vote yes and at least, Republicans, say to the people of Illinois and 20 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day the Democrats partisan issue.
Daniels: March 14, 1989 who helped us before, that this isn't a Lets all vote green on it." "Mr. Daniels." "I commend Representative Johnson for his approach and I can tell you, I fully agree with him. We said, earlier, this is not a partisan issue. This is an issue in support of our Flag. I, for one, feel very sorry that is was handled the way it was by Representative McNamara, to begin with. I think he was wrong. I do not think by us compounding that makes it correct. So, I think I agree absolutely with Representative Johnson. We ought to support his Motion and support our Flag and let the people of Illinois know how strongly we stand behind it."
"Mr. Parke. Mr. Parke."
"Thank you, Mr. Speaker, Ladies and Gentleman of the House. I said earlier that I was embarrassed by the approach that was used on this Legislation. I still stand embarrassed but I am a Republican who believes in the basic principles that has made this country free, and I will support this Resolution because I think it is to important to allow a partisan Roll Call to be involved in it. I also would like to commend Representative Johnson for his approach in saying that this is to important to America and to our Veterans' to allow partisan politics to be involved. Thank you."
"Mr. Klemm."
"Thank you, Mr. Speaker. I just think that it's a shame we had to politicize this issue between two sides of the isle when we both sides, really, for many of us, support the issue. It's too bad it had to come down to this when we could have worked it out. I hope the mood of the General Assembly isn't continued to do this through the year because, I think, issues takes a bipartisanship and 21 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day I'm sorry to see this is happening on the American Flag." March 14, 1989 issue of the
"Mr. Farley. Have all voted who wish? The Clerk shall take the record. On this question, there are 100 'ayes', three people voting 'no'. The Motion is adopted. We shall now proceed to the main question, House Resolution 155. The Chair recognizes Mr. McNamara."
"Thank you, Mr. Speaker, Ladies and Gentleman of the House. Thank you, Representative Johnson, Representative Van Duyne. I would like to ask on the Bill that both of these sponsors be added as co-sponsors immediately after the committee. Now what happens, the way of the list, right now, is the committee members are listed first, with myself as first. Representative Stange, as the chief spokesperson, is second on the list. Number three on the list is the vice-president, which is Mr. Novak. Number four on the list is Representative Hensel, who second the Motion at the committee meeting and on down the line and it continues with the committee members. I would ask all of us feel free to join us with it. It just makes a stronger voice. We're trying to make a nonpartisan issue and just run it through that way. And, I appreciate your 'aye' vote on this Motion."
"Mr. McCracken."
"Thank you, Mr. Speaker, I wonder if the Gentleman would consider adding all Members of the House as co-sponsors of the Resolution, that way we can all send the press releases out and claim credit for such a good idea. Would you consider doing that Sir? Leave. Do you grant leave? Then, we're all for it."
"There's objection McCracken." to that Motion, Mr.
"Who...who is the A.C.L.U. member, who would object to 22 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day such a Motion?
"I March 14, 1989 Who is that person that would do that?" saw them, but I... It escapes my mind, right now, Mr. McCracken."
"Mr. Cullerton."
"Yes, would the sponsor yield?"
"The Sponsor yields?"
"Did you discuss the merits of this Resolution in the committee or did you just decide that you should draft a Resolution?"
"We made the Motion to draft the Resolution. Then, we had the Resolution drawn up and it's specific instructions were, 'to let all members of the committee know by telephone call or by whatever what was in that Resolution'."
"Okay, well, in reading Representative Johnson's resolved paragraph, I see its slightly different than the resolved paragraph in your Resolution. As I understand, the heart of your Resolution is to urge the Art Institute to promptly remove the exhibit from the show. Is that...was that fair characterization of the heart of it? Now, in Representative Johnson's Resolution, in his resolved section, he says, he also urges the school of Art...of the Art Institute of Chicago to remove the exhibit. But, he indicates, not as censership tactic but as a way of showing respect for the country that the flag represents. Would you say that your Resolution in spirit embodies, that same concept that this is not meant to be a censership tactic but rather an effort to urge the school to remove an exhibit which has caused a desecration of the Flag by people stepping on it?"
"It is not meant as a censership tactic. It is meant as..I guess the best way to explain this Resolution is to say, 'that because you go to medical school does not mean 23 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989 that you are determined as a doctor.' Because you go to art school is not meant to be determined that you are an artist. There is a definition as to what is acceptable art and what the responsibilities of teachers are to their students, and that is the interpretation that we try to put into this Resolution."
"Thank you."
"Representative Currie."
"Thank you, Mr. Speaker and Members of the House. I rise in opposition to this God, Motherhood, and apple pie Resolution. We talk about partisanship, bipartisanship, I think what we're engaged in is bipartisan grandstanding. We all know that this exhibit is about to close. Any Action we take, here, on the floor of this House is meaningless; is irrelevant to the outcome and, I think, that we should all realize, too, that a court has said, that there is nothing illegal about this particular exhibit prepared by the School of the Art Institute. Most of us swore to uphold the Constitution of the United States when we took the oath of this office. Among the rights protected in that constitution is the right of free expression. That right doesn't have much meaning if people excercise it only to say what is politically popular and what is agreed to by everybody, all of the time. The student's show is not illegal. The School of the Art Institute, which sponsors the show, is exactly that, a school, a training ground, a place for learning, a place for trying alternate forms of expression. The show was juried. That is to say, the particular exhibit at issue, here today, was deemed appropriate for inclusion in the show by people who do understand artistic significance and artistic merit. I think we're treading on very thin ice when we decide to interpose ourselves in what is really an 24 13th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 14, 1989 educational issue by a school properly constituted to make that kind of decision. I have as much respect for the American Flag as any Member in this Body. I think an appropriate way of showing that respect is to leave this issue, today as, that exhibit will leave the Art Institute Thursday and get on with the serious business that must come before this Chamber."
"Mr. McCracken."
"Thank you, Mr. Speaker. I'd like to address the merits of the Motion. I respect the Lady's opinion very much. She knows that, I'm sure and I do not take exception, on a personal basis, to what she says. But, to call this a question of freedom of expression is an excellent example of why the A.C.L.U. and people of it's kind are held in such disrespect by our country. They take absurd extremes, claiming constitutionally protected values involved, when everybody in the world knows that that is not what is at stake. What is at stake is not the freedom of expression. We do not force the Art Instiute to close. We do not force the Art Institute to take the flag display out. We do not cut off their funds by virtue of this Resolution. We tell them that as the elected Representatives of 11,500,000 people, we are disgusted at the way they allow the Flag to be treated in their institution. We do not tell them they can't do it. We tell them that we don't agree and that is what America is all about. That is what is at stake here. Do not use these constitutional.. do not use these constitutional rights as shields for the most offensive and inartistic displays immaginable. Do not use it so you can justify every extreme act as one that is constitutionally protected. Look at what is being stated, set forth, done, and look at what is being objected to Look at the Action we 25 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989 seek to take. The only Action we seek to take is to, officially, as an institution, representing our constituents, object to the expression and the use of the American Flag in the way it's being made. I could care less if this guy's name is really Dred Scott or not. It's probably Al Jones and he had to change his name because he knew the newspapers would need something catchy. I don't want to give this guy anymore credit than he's gotten already for this. I don't like having to give him notoriety for being a person acting in such poor taste, but what we do here is not wrong, today. Just as he has the right to express himself under the constitution, we have a right to disapprove and don't let the A.C.L.U. tell you otherwise."
"Representative Stern."
"Mr. Speaker and members of the House. So far, this debate has centered about how fast we could manage to vote a unanimous censure of the Art Institute. I rise in opposition to that I rise in opposition to Mr. McCracken's suggestion that we should all sign on as Sponsors. I think there is a very important principal, here, that seems to be escaping most of us I went to see the exhibit. I'm rather interested to know if anyone else in the Chamber has been to see it? Aha!, Representative Williamson has seen it. There is no obligation to step on The Flag. There is a sign there pointing out that you may be subject to arrest if you do step on The Flag. I...the purpose of the exhibit, and...by the way, I don't concur with Representative McNamara, who says there is a definition of what is exceptable art. If there is such a definiton, it has escaped most of us over the years. But the purpose of this particular piece of art if you wish to call it that, is to elicit a response from those who watch it. There are 26 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989 4 notebooks full of response. And I want to tell you, I read some of those, and there has been both anger and rage and warmth and support of the amendment of the right of freedom of speech. There have been a great many responses to this particular piece of art which we all ought to read. I want to make the point that I am a patriot. I revere The Flag. But I revere The Flag as a symbol of this country of the freedom that this country represents. The Flag itself is not the object that I revere. The Bill of Rights and The Constitution, which we all voted to support when we took our oath of office, and which every elected official in the State of Illinois takes an oath to support when he or she is sworn in says that we will support The Constitution of the United States and The Constitution of the State of Illinois. That includes The Bill of Rights, the right of free speech and free expression, Ladies and Gentleman. This particular piece of work is a student work. May I point out to you that students are experimenting. That is the whole reason for schools, for education. They learn what they think by doing, by trying, by getting responses from their teachers and from those who are watching. This student has gotten a response from us I'm afraid...I'm afraid we have given him a response that is out of all proportion to what he has done. When your child (and many of you have children), says a bad word, do you beat em up with brass knuckles? Or, do you suggest...I hope that's not so. When a student does something that gives offense, that makes Veterans' and patriots flinch, we do not remove the exhibit and hold him up as an object of shame. We point out that what he had done is offensive. This particular exhibit is not closing until...it's closing Thursday night. We would be overreacting to an unbelievable extreme, were we to vote today to close it. 27 13th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 14, 1989 Let me reiterate, that I understand the concern and the heartaches of men and women who have fought and died for what that flag symbolizes, but let me say, that it is, indeed, just a symbol. Mr. Olson has said the rights of the artist are protected by The Flag. Yes they are. They are protected by what that flag symbolizes. Representative Parke believes in the basic principles that have made this country free. Ladies and Gentlemen, the basic principle that has made this country free is the very one we are discussing here today. The right of free speech and free expression. I urge you, I urge you, to rise above the emotions of the moment and vote down this really ill-advised Admendment Resolution. Thank you."
"Mr. Johnson."
"I think people who followed the preceedings of this Chamber over the last number of years would say that I'm probably as much a categorized as a libertarian as anybody here. But this isn't a libertarian issue. This is an American issue. To begin with, chapter 1 of the revised statutes provides in sections 3351 'that any person who publicly mutilates, defaces, defiles, defies, tramples, or cast contempt upon whether by words or access flag, should be guilty in a Class 4 Felony.' That statute maybe goes a little far but it certainly addresses the issue that what we're concerned about today. In addition, and the reason it's more than a libertarian issue, is that there's state money involved here. Grants and loan money in significant amounts and eligiblity for more, SO that the state of Illinois is, in effect, partially funding an institute that encourages and promotes descration of The Flag. But aside from that, let's listen to the quotes of Mr. Tyler, who initiated and set up this exhibit, and determine in listening to these quotes whether you really think it's a 28 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989 free speech issue or whether it's something else. He says, that the exhibit featuring this flag is a revolutionary statement and he has no apologies, that the people who protested, everybody who's protested this exhibit, are racists and rambos and that The Flag has been the symbol for the Ku Klux Klan and world imperialism around the world. And most particularly, after appearing at a rally with a t-shirt that said ...contained the words Public Enemy on it, he said, last Saturday night, joined by folk singer Michelle shocked at a northside night club: 'he flag should be stepped on, the flag should be burned.' Now, if that's a free speech issue coming from the words of the person who set up the exhibit than I have a different concept of free speech and libertarianism than I thought I did. I think this is an excellent Resolution and one that ought to be passed unanimously."
"Would you turn out Representative Stern. Representative Davis."
"Thank you, Mr. Speaker. Ladies and Gentleman of the House. I want you to know that I knew Dred Scott, the symbolic name given to this artist, Mr. Tyler. And I knew Dred Scott because of the oral history tradition of the African American. Dred Scott was a very loyal slave in the year of 1857. He had been a loyal slave for perhaps over 20 years. His master took him to reside in a free state which was Illinois. They later traveled to the northern part of Louisiana which was also declared a free area because of the Missouri Compromise. Dred Scott, having been a loyal slave, knowing about the laws of the country he lived in, he went to court and demanded that he be set free since he resided in a free territory. The court ruled, Ladies and Gentlemen, the court ruled that even though Dred Scott resided in a free territory he had no 29 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989 right to his freedom, and he would only be free when his master said so. I beseech you, Ladies and Gentlemen, to earn the loyalty of Dred Scott and Scott Tyler. You can't legislate loyalty to The Flag. Mr. Tyler who declares himself as an artist through the name of Dred Scott, has decided that until this country changes some of it's ways he to is a slave and he does not feel he owes loyalty to that flag I would suggest that you attempt to make laws that will help Mr. Tyler to feel at home in America and to feel loyalty to that flag. I oppose this amendment."
"Representative Hasara."
"Thank you, Mr. Speaker. One of the things that has been mentioned that resent, very much, by standing in favor of this Resolution, is the statement that those of us who support this idea are not upholding the oath that we promised to uphold, in following The Constitution of the United States and The Constitution of the state of Illinois. If, indeed, you read the Resolution, there is absolutely nothing under those paragraphs that begin resolved, that do anything that is in conflict with either the Constitution of the United States or The Illinois Constitution. We are saying that we condem the desecration of The Flag. We are saying that we urge the Art Institute to promptly remove the exhibit. We are encouraging the Art Institution to teach it's students to abide by the state laws in Illinois. Certainly, none of those are against our constitution. In fact, if you think about it (what we're to do), we were elected to reflect the feelings of the people in our district. And I know that that is what most of us are attempting to do by voting for this Resolution. I cannot believe that any Representatives in this Body who have surveyed their constituents, who have received mail, phone calls, who know the feeling of the people in their 30 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989 So districts, could possibly vote against this Resolution. instead of saying that we are going against the oath that we've took, I think we should all reflect what oath we really did take and what we were elected to do and that is certainly to reflect the feeling of the people in our district and the feeling of the people of the State of Illinois. Very few issues have incensed the citizens of the State of Illinois anymore than this one. Let's show the people who elected us that we can take a stand. A stand on an issue that obviously, is very near and dear to the people of the State of Illinois. I urge all of us to vote 'yes' on this Resolution."
"Representative McNamara."
"Thank you, Mr. Speaker. In this debate there was a point brought out that I had mentioned that it is a question of what is acceptable art. That is not the case. We are not here -as a Body to judge acceptable art. My contention is quite different. Is it art? If we take The Art Institute School and those teachers and we say to those teachers, that is a vehicle for any radical to create a demonstration which is abhorrent to the people that died for their country, then all the radicals will be going into that school I think... excuse me, I assumed that I am making a closing statement. I will yield the floor for the closing statement."
"Representative Regan."
"Thank you, Mr. Speaker and Members of the House. I'm thoroughly disgusted with these kind of loonies that would hide behind The Constitution of the United States. The framers of The Constitution of the United States would of taken someone like this and hung them from the first tree. Let's get on with this issue."
"Representative Williamson." 31 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 14, 1989 13th Legislative Day
"Thank you, Mr. Speaker. I have been to the art exhibit as Representative Stern has and I've been there on more than one occasion. I was there last Sunday, I was there the Sunday previous and I have been there on and off all through the week, working to try and get our Flag off the floor. I was there and saw people standing on our Flag. I saw people stomping on The Flag. I was there the day that a woman spit on the American Flag. That is not art. I you're going to let The Art Institute display our Flag on the floor and get away with things like that without letting them know that the General Assembly is this upset, then what are they going to do next. Are they going to display a flag and set the flag on fire and tell us that that's art? What about the fact that the Veterans' had a flag with a swastika on upon it and, when they put that on the ground and some of the Veterans' started walking on this flag, that people from The Art Institute and these students started pushing the Veterans' off of the flag and telling them to get off of the swastika? Where are our morals? Where are our rights? If this type of student is allowed to display art with a flag being on the floor then I agree with most of the veterans' and the press. Why doesn't he just leave the country and put the flag on the floor not in the United States of America. I urge you to support this. I have gone through one heck of a week with the veterans' and it is not a veterans' issue. It's an American issue. I have been there with the Boy Scouts the Girl Scouts, with people from all over the country, not even, just Illinois. This is an issue that, yes it is emotional, but it's wrong, and we have to do something about it, and that's what I believe that this General Assembly will do."
"Mr. Weller." 32 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989
"Speaker, Ladies and Gentlemen of the House, I rise in support of this Resolution, and join with my colleagues who share the outrage of the desecration of The American Flag. I too, have been to The Chicago Art Institute, and I stood with some of my colleagues and thousands of people, who are outraged by the display that stands inside that building. The last few weeks have been very troubling for me, when I see The Art Institute ignore the interests of the American people and ignore what is desecration of The Flag. I'm troubled when I see corporate sponsors of The Art Institute stand silently while our flag is desecrated. And I think that we not only.. we need to do much more. And on Saturday, when that display is finally taken down, we can't forget about what occured. We can't forget. We have to keep this issue alive because I have, on my desk, almost four thousand letters that I have received from the people in my district that are outraged by that display. And they call for a cut-off of funding of state funds to The Art Institute School. We need to do that. I urge your support, and I urge you to support this Resolution. Thank you, Mr. Speaker."
"Mr. Harris."
"Thank you, Mr. Speaker. Ladies and Gentleman of the House, the people who say that we are not doing our constitutional duty by voting in favor of this because we are supposed to be protecting those people who have the right of free expression, are simply wrong. There are indeed, limitations to free expression. That has been upheld in the courts. That has been firmly established. There are generally excepted community standards as to what you can and cannot display. The Art Institute, indeed. can display lots of artistic works and pieces of talent, but there are generally accepted standards to which they 33 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989 should adhere. It seems to me that when that Art Institute can put a picture on the wall of the former Mayor of the City of Chicago, dressed in Ladies undergarments, that they have violated the generally excepted community standards and there is no control up there. When they can put the flag on the ground, they have violated generally accepted community standards and it should be removed. There's absolutely nothing wrong with this Resolution. The people who argue against it are 100 percent inaccurate. We should pass this out of hear by unanimous vote."
"Representative Flowers."
"Mr. Speaker, Ladies and Gentleman of the House. I rise up in opposition to this Resolution. This is censorship in it's finest form. Right now, we're talking about censoring what is art and what is not art. Who are we to judge what is and what is not art. And also, I think we're over stepping our bounds as far as our constitutional rights and I don't think that's what we're here for. If this is his way of expressing himself, so be it. And, if there are consequences that must be suffered there are...behind this, so be that also. That's what we have the court of law for. I, again, rise in opposition to this Resolution. Thank you."
"Representative Stephens."
"Thank you, Mr. Speaker. I rise in support of this Resolution. And I'm just a little dismayed to hear Members of this Body stand and tell me that it's time that I earn the loyalty of Scott Tyler. I'll tell you what, there's a couple of guys standing in the gallery just a few minutes ago. Two older Gentleman with little gray tint to their hair, American Legion hats worn proudly, carrying an American Flag. And I wonder if they think that we have to earn the loyalty of Mr. Tyler. Nineteen years ago, Mr. 34 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day March 14, 1989 Speaker, I laid on a jungle floor, about this time of the day, fighting for my life. Proud that I was carrying the American Flag in my pocket and I don't think it's time for any of us to apologize for the values that we call American, patriotic, and true. I don't think it's wrong for this Body to stand when they see something as dispicable as this display, and to rise in opposition to it. The people of the Legislative District that I represent are proud that I'm standing here today in defense of The American Flag. They have no apologies to make to The American Constitution or those people who want to abuse the privileges that our patriotic fathers have died for in the past. Mr. Speaker, I wonder if the same debate would rage today if we had taken a picture of a homosexual off the streets of Chicago and blown it up and laid it on the floor and said come in and step on this picture. I wonder if the same debate would take place today. I think that it probably wouldn't. Mr. Speaker, I rise in support of the Resolution and I think that we should see nothing but green votes. Those of you who can't vote green at least have the good taste not to vote at all."
"The question is, 'shall House Resolution 155 be adopted?'. 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 99 'ayes', 5 'nos' and the Resolution is adopted. Chair is prepared to adjourn. It there anything to be brought before the Body? Mr. Cullerton."
"Yes, Mr. Speaker it's come to my attention that I forgot to draft the Resolutions. It's come to my attention that it's Gary LaPells 35th birthday today, Mr. Speaker. So I just wanted to wish him happy birthday." 35 13th Legislative Day
"Did you indicate how old you are Mr. Cullerton?"
"Yes, I'm a little bit older than that, although I look just as young as Mr. Lapel I think."
"Right, there have been some comments about your age recently Mr. Cullerton. Ladies and gentleman the Chair will be assumed by Representative Barger for the purpose of a special announcement. Mr. Barger."
"Thank you, Mr. Speaker. At this time I would like to introduce 3 speech champions for the state of Illinois, who are from Wheaton Central High School. Joe would you bring the girls up here please. This is Joe Garsy, their coach. These young Ladies are. Here's Bridget Couban. She is the daughter of the Aid to Senator Beverly Faywell. Beth Woodra and Jarusha Matteson. Coach would like to address the Legislative?."
"Thank you, very much for the opportunity to present these young Ladies in front of you. They worked very hard to get this and represent the State of Illinois, hopefully at the national tournament this summer."
"Would you girl's like to say something? At the next Session I will introduce a Resolution commending them. Thank ya'll very much."
"Agreed Resolutions."
"House Resolution 164, offered by Representative Saltsman; 165 Steczo; 166 Steczo; and 167 Van Duyne."
"Mr. Matijevich."
"Mr. Speaker we've examined the Resolutions. They are...move the adoption of the agreed Resolutons."
"Those in favor say 'aye', those oppose say 'no', the 'ayes' have it, the Resolutions are adopted. Mr. Clerk. General Resolutions."
"House Resolution 144 - Johnson; 148 - Klemm; 149 36 13th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE Williamson; 153 Van Duyne; 168 Turner.
"Committee on assignment. further?" March 14, 1989
Mr. Clerk anything Speaker Madigan: "Ladies and Gentleman, if I can have your attention for the purpose of an announcement. The Members should be advised that both the Senate and the House will cancel the session days which were scheduled for the week immediately after Easter. So please be advised that both the Senate and the House will cancel the Session days which were scheduled for the week immediately after Easter. And with that Mr. Cullerton moves that the House adjourn until 3:00 p.m. tomorrow afternoon providing for perfunctory time for the purpose of introduction of BIlls. Those in favor say 'aye those oppose say 'no' the 'ayes' have it, the Motion is adopted. The Chair wants to commend the work of Mr. Leone."
"Introduction and First Reading of House Bills. House Bill 615, offered by Representative Kubik, a Bill for an Act to add sections to the Illinois Income Tax Act. First Reading of the Bill. House Bill 616, offered by Representative Ronan et-al, a Bill for an Act to adopt the Tri-State High School's Speed Rail Line Compact. First Reading of the Bill. House Bill 617, offered by Representative Kubik and John Dunn, a Bill for an Act to amend the Illinois Insurance Code. First Reading of the Bill, House Bill 618, offered by Representative Matijevich et-al, a Bill for an Act to amend sections of the Civil Administrative Code of Illinois. First Reading of the Bill. House Bill 619, offered by Representative Hensel, a Bill for an Act to amend sections of the School Code. First Reading of the Bill. House Bill 620, offered by Representative Ropp, a Bill for an Act to create the Illinois Council on Vocational Education and to find it's 37 13th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 14, 1989 powers and duties. First Reading of the Bill, House Bill 621, offered by Representative McAuliffe and Capparelli et-al, a Bill for an Act to amend sections of the Illinois Pension Code. First Reading of the Bill. House Bill 622, offered by Representative Capparelli et-al, a Bill for an Act to amend Sections of the Illinois Pension Code. First Reading of the Bill, House Bill 623, offered by Representative Steczo, a Bill for an Act validating levies of certain units of local government. First Reading of the Bill. House Bill 624 offered by Representative Steczo, a Bill for an Act to amend the Illinois Insurance Code. First Reading of the Bill, House 625, offered by Representative Steczo, a Bill for an Act to amend an Act in relationship to Fire Protection Districts. First Reading of the Bill. House Bill 626, offered by Representative Levin and Breslin, a Bill for an Act regarding disclosure of toxins in food. First Reading of the Bill, House Bill 627 offered by Representative Flinn, a Bill for an Act to amend the Public Building Commission Act. First Reading of the Bill. House Bill 628, offered by Representative Flinn, a Bill for an Act to amend an Act to limit the indebtedness of counties having a population of less than 500,000 and township school districts and other municipal corporations having population less than 300,000."
"House Bill 629, offered by Representative Flinn, a Bill for an Act to amend the Code of Civil Procedure. First Reading of the Bill. House Bill 630, offered by Representative Saltsman, a Bill for an Act to amend the Illinois Insurance Code. First Reading of the Bill. House Bill 631, offered by Representative Keane and Mays, a Bill for an Act to create the State Government Procurement Code. First Reading of the Bill. House Bill 632, offered by Representative Breslin, a Bill for an Act regarding access 38 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day to information about pesticides. March 14, 1989 First Reading of the Bill. House Bill 633, offered by Representative Lang, a Bill for an Act to amend Sections of an Act to revise the law in relationship to husbands and wifes. First Reading of the Bill. House Bill 634, offered by Representative Lang, a Bill for an Act concerning delinquent debt owed by the State of Illinois. First Reading of the Bill. House Bill 635, offered by Representative Farley, a Bill for an Act to amend Sections of the Revenue Act. First Reading of the Bill. House Bill 636, a Bill for an Act to create the Lake Michigan Protection Authority. First Reading of the Bill. House Bill 637, offered by Representative Giglio, a Bill for an Act concerning bonds of contractors doing work within a county. First Reading of the Bill. House Bill 638, offered by Representative Cullerton, a Bill for an Act to amend Sections of the Child Passenger Protection Act. First Reading of the Bill. House Bill 639, offered by Representative Flinn, a Bill for an Act to amend an Act in relationship to clerks of the court. First Reading of the Bill. House Bill 640, offered by Representative Flinn, a Bill for an Act to amend the Downstate County Working Cash Fund Act. First Reading of the Bill. House Bill 641, offered by Representative Flinn, a Bill for an Act to amend an Act concerning fees and salaries and to classify certain counties in this state with reference thereto. First Reading of the Bill. House Bill 642, offered by Representative Flinn, a Bill for an Act to amend an Act in relationship to clerks of the court. First Reading of the Bill. House Bill 643, offered by Representative Countryman et al, a Bill for an Act to amend Sections of the Code of Criminal Procedure. First Reading of the Bill. House Bill 644, offered by Representative Cowlishaw et al, a Bill for an Act to amend Sections of the School Code. First 39 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 13th Legislative Day Reading of the Bill. House Bill 645, March 14, 1989 offered by Representative Richmond, a Bill for an Act to amend Sections of the Southern Illinois University Revenue Bond Act. First Reading of the Bill. House Bill 646, offered by Representative McCracken et al, a Bill for an Act creating presumptions concerning nutrition and hydration. First Reading of the Bill. House Bill 647, offered by Representative McCracken, a Bill for an Act to amend the Juvenile Court Act. First Reading of the Bill. House Bill 648, offered by Representative McCracken, a Bill for an Act concerning bidding on and the awarding of public contracts. First Reading of the Bill. House Bill 649, offered by Representative White, a Bill for an Act to add Sections to the School Code. First Reading of the Bill. House Bill 650, offered by Representative Satterthwaite and Hallock, a Bill for an Act to add Sections to the Illinois Library Systems Act. First Reading of the Bill. House Bill 651, offered by Representative Satterthwaite and Hallock, a Bill for an Act making appropriations to the Secretary of State concerning certain grants. First Reading of the Bill. House Bill 652, offered by Representative Ackerman, a Bill for an Act in relationship to the service of process. First Reading of the Bill. House Bill 653, offered by Representative Terzich et al, a Bill for an Act to amend Sections of the Illinois Municipal Code. First Reading of the Bill. House Bill 654, offered by Representative Novak, a Bill for an Act making appropriations to the Department of Transportation. First Reading of the Bill. House Bill 655, offered by Representative McPike, a Bill for an Act to amend Sections of the Illinois Pension Code. First Reading of the Bill. For the Legislative record, being no further business the House will now stand adjourned until Wednesday, March 15th. 40 REPORT: TIFLDAY 15:57 STATE OF ILLINOIS 86TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MARCH 14, 1989 PAGE 1 03/30/89 HB-0564 FIRST READING PAGE 2 HB-0565 FIRST READING PAGE 2 HB-0566 FIRST READING PAGE 3 HB-0567 FIRST READING PAGE 3 H8-0568 FIRST READING PAGE 3 HB-0569 FIRST READING PAGE 3 HB-0570 FIRST READING PAGE 3 HB-0571 FIRST READING PAGE 3 HB-0572 FIRST READING PAGE 3 HB-0573 FIRST READING PAGE 3 HB-0574 FIRST READING PAGE 3 HB-0575 FIRST READING PAGE 3 HB-0576 FIRST READING PAGE 3 HB-0577 FIRST READING PAGE 4 H8-0578 FIRST READING PAGE 4 HB-0579 FIRST READING PAGE 4 HB-0580 FIRST READING PAGE 4 HB-0581 FIRST READING PAGE 4 HB-0582 FIRST READING PAGE 4 HB-0583 FIRST READING PAGE 4 HB-0584 FIRST READING PAGE 4 HB-0585 FIRST READING PAGE 4 HB-0586 FIRST READING PAGE 4 HB-0587 FIRST READING PAGE 5 HB-0588 FIRST READING PAGE 5 HB-0589 FIRST READING PAGE 5 HB-0590 FIRST READING PAGE 5 HB-0591 FIRST READING PAGE 5 H8-0592 FIRST READING PAGE 5 HB-0593 FIRST READING PAGE 5 H8-0594 FIRST READING PAGE 5 HB-0595 FIRST READING PAGE 5 HB-0596 FIRST READING PAGE 5 HB-0597 FIRST READING PAGE 5 HB-0598 FIRST READING PAGE 6 HB-0599 FIRST READING PAGE 6 HB-0600 FIRST READING PAGE 6 HB-0601 FIRST READING PAGE 6 HB-0602 FIRST READING PAGE 6 HB-0603 FIRST READING PAGE 6 HB-0604 FIRST READING PAGE 6 HB-0605 FIRST READING PAGE 6 HB-0606 FIRST READING PAGE 6 HB-0607 FIRST READING PAGE 6 HB-0608 FIRST READING PAGE 6 HB-0609 FIRST READING PAGE 6 HB-0610 FIRST READING PAGE 7 HB-0611 FIRST READING PAGE 7 HB-0612 FIRST READING PAGE 7 HB-0613 FIRST READING PAGE 7 HB-0614 FIRST READING PAGE 7 HB-0615 FIRST READING PAGE 37 HB-0616 FIRST READING PAGE 37 HB-0617 FIRST READING PAGE 37 HB-0618 FIRST READING PAGE 37 HB-0619 FIRST READING PAGE 37 HB-0620 FIRST READING PAGE 37 HB-0621 FIRST READING PAGE 37 HB-0622 FIRST READING PAGE 37 HB-0623 FIRST READING PAGE 37 HB-0624 FIRST READING PAGE 37 HB-0625 FIRST READING PAGE 37 HB-0626 FIRST READING PAGE 38 HB-0627 FIRST READING PAGE 38 REPORT: TIFLDAY 15:57 STATE OF ILLINOIS 86TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MARCH 14, 1989 PAGE 2 03/30/89 HB-0628 FIRST READING PAGE 38 HB-0629 FIRST READING PAGE 38 HB-0630 FIRST READING PAGE 38 HB-0631 FIRST READING PAGE 38 HB-0632 FIRST READING PAGE 38 HB-0633 FIRST READING PAGE 38 HB-0634 FIRST READING PAGE 38 HB-0635 FIRST READING PAGE 38 HB-0636 FIRST READING PAGE 38 HB-0637 FIRST READING PAGE 38 HB-0638 FIRST READING PAGE 39 HB-0639 FIRST READING PAGE 39 HB-0640 FIRST READING PAGE 39 HB-0641 FIRST READING PAGE 39 HB-0642 FIRST READING PAGE 39 HB-0643 FIRST READING PAGE 39 HB-0644 FIRST READING PAGE 39 HB-0645 FIRST READING PAGE 39 HB-0646 FIRST READING PAGE 39 HB-0647 FIRST READING PAGE 39 HB-0648 FIRST READING PAGE 39 HB-0649 FIRST READING PAGE 39 HB-0650 FIRST READING PAGE 40 HB-0651 FIRST READING PAGE 40 HB-0652 FIRST READING PAGE 40 HB-0653 FIRST READING PAGE 40 HB-0654 FIRST READING PAGE 40 HB-0655 FIRST READING PAGE 40 HR-0144 MOTION PAGE 7 HR-0153 MOTION PAGE 16 HR-0155 MOTION PAGE 16 HR-0155 ADOPTED PAGE 35 HR-0155 RESOLUTION OFFERED PAGE 22 SUBJECT MATTER HOUSE TO ORDER - SPEAKER MCPIKE PAGE 1 PRAYER - FATHER JERRY NICHOLS PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 1 SPEAKER CULLERTON IN THE CHAIR PAGE 2 AGREED RESOLUTIONS PAGE 2 DEATH RESOLUTIONS PAGE 2 SPEAKER MADIGAN IN CHAIR PAGE 7 AGREED RESOLUTIONS PAGE 36 ADJOURNMENT PAGE 40