"Will come to order. Chaplain for today will be Father Frank O'Hara from St. Peter and Paul Church in Springfield. Father O'Hara is the guest of Representative Curran. The guests in the balcony may wish to rise and join us for the invocation."
"Oh God, let the lover of justice and concord directly beseech Thee the minds and the wills of those who are called at this time to deliberate for the welfare of the citizens of this state. That as faithful stewards of the things which belong unto righteousness, they may have regard for Your laws and for the good of the good people they serve. We ask this through Christ our Lord."
"Representative Hasara, will you lead us in the Pledge of Allegiance."
"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 Kubik, do you have any excused absences?"
"No excused absences on the Republican side."
"Thank you, Representative Matijevich."
"Mr. Speaker there are none on this side of the aisle."
"116 Members answering the Roll Call. A quorum is present. Representative Giglio in the Chair."
"On Page 56 of the Calendar, Consent Calendar, Second Reading, Second Day. House Bill 1040. Mr. Clerk."
"Consent Calendar, Second Reading, Second Day. House Bill 1040, a Bill for an Act to amend an Act relating to certain blood donations together with Committee Amendment #1. Second Reading of the Bill. It was House 1 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 Bill 1049, a Bill for an Act relating to certain blood donations together with Committee Amendment #1. Second Reading of the Bill. House Bill 1447, a Bill for an Act to amend the Hospital Licensing Act. Second Reading of the Bill. House Bill 1619, a Bill for an Act to amend an Act concerning asbestos abatement. Second Reading of the Bill. House Bill 2293, a Bill for an Act to amend an Act providing for a system of probation. Second Reading of the Bill. House Bill 2351, a Bill for an Act to amend the Radiation Protection Act. Second Reading of the Bill. And House Bill 2680, a Bill for an Act to amend the School Code. Second Reading of the Bill. House Bill 2293 was together with Committee Amendment #1. Second Reading of the Bill."
"Third Reading. We're going to do House Bills Second Reading, Short Debate, Page 3 of the Calendar. Representative Barger. Is Representative Barger in the Chamber? Out of the record. Representative Leverenz. Out of the record. Representative Keane. Out of the record. Representative Ryder. Out of the record. Representative Sutker. Out of the record. McNamara, Representative McNamara, House Bill 211, Second Reading, Short Debate Page 3 of the Calendar. Out of the record. Representative Cullerton, 316. Are you ready, Sir? Mr. Clerk, read the Bill."
"House Bill 316, a Bill for an Act to amend the Illinois Aeronautics Act. Second Reading of the Bill. There are no Committee Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. Representative Levin. Out of the record. Representative Richmond. Mr. Clerk, House Bill 507. Read the Bill." 2 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989
"House Bill 507, a Bill for an Act to create the Randolph County Civic Center Authority. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2 is being offered by Representative Hultgren."
"Representative Hultgren, on Amendment #2 to House Bill 507."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #2 is intended to address a very narrow situation we have in Knox County to permit the Civic Center Auhority in Knox County to have authority for eminent domain. My understanding is, the way the Amendment is drafted, it would apply to no other Civic Center Authority in the State of Illinois. Further, it's my understanding that this Amendment is acceptable to the Sponsor."
"Any Discussion? Gentlemen from Jackson, Representative Richmond."
"Yes, thank you, Mr. Speaker. As I understand the Amendment, if it is drafted to narrow enough that the eminent domain aspect of it does not apply to the...the two that I'm interested in, why I have no particular objection to the Amendment."
"Any discussion? All those in favor of the Amendment signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair the 'ayes' have it and the Amendment's adopted. Are there further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 510, Representative Ryder. Out of the record. Representative Granberg, 522. Out of the record. Representative Matijevich, House Bill 3 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 566. Out of the record. Representative Curran, 580. Out of the record. Representative Curran, do you want to hear your Bill? Mr. Clerk, read the Bill."
"House Bill 580, a Bill for an Act to amend an Act creating the Department of Children and Family Services. Second Reading of the Bill. There are no Committee or Floor Amendments."
"Third Reading. Anthony Young, 598. Out of the record. John Dunn, 603. Mr. Clerk, read the Bill. Fiscal notes requested, the Bill will remain on Second Reading. Representative Ronan. Out of the record. Representative Flinn, 642. Mr. Clerk, read the Bill."
"House Bill 642, a Bill for an Act to amend an Act relating to Clerks of the Court. Second Reading of the Bill. There are no Committee Amendments."
"Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Flinn."
"Representative Flinn on Amendment #1."
"Thank you, Mr. Speaker..."
"Excuse me, Representative Flinn. Excuse me, Representative McCracken, for what purpose do you rise?"
"I wonder if we could take it out of the record for Flinn: just a moment and get right back to it." "Sure, sure."
"Take the Bill out of the record. Representative Richmond, 702. Mr. Clerk, read the Bill."
"House Bill 702, a Bill for an Act to amend the Meat and Poultry Inspection Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Are there any Floor Amendments?" 4 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES
TRANSCRIPTION DEBATE Clerk Leone: "Floor Amendment #2 is Representative Richmond." being May 10, 1989 offered by
"Representative Richmond on Amendment #2."
"Yes, thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #2 to House Bill 702, brings into the Act...it places domestic raised bison, sheep, swine, no I'm sorry, domestic elk, domestic antelope, domestic reindeer, water buffalo and goats for the purpose of meat inspection for the safety of the consumer as well as to make it possible as a business opportunity. The Department of Agriculture and the Association of Meat Producers or processors are behind this Amendment."
"Any discussion on the Amendment? All those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair the 'ayes' have it and the Amendment is adopted. Are there further Amendments?"
"There are no further Amendments."
"Third Reading. Representative Steczo. Out of the record. Representative Woolard. Representative Woolard. Mr. Clerk, House Bill 753. Read the Bill."
"House Bill 753, a Bill for an Act to amend the Revenue Act. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2 is offered by Representative
Woolard. Speaker Giglio: "Representative Woolard."
"Yes, what this does, is just corrects the spelling inhabitants was misspelled."
"Any discussion on the Amendment? Hearing none, all those in favor signify by saying 'aye', those opposed 5 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 'nay'. In the opinion of the Chair the 'ayes' have it, the Amendment's adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. Representative McCracken."
"Speaker, we have no objection of this, but we believe there's a technical problem with the Amendment. Can we take it out of the record and discuss it and get right back to it? We're not trying to hurt the Bill, we just think there's a technical problem."
"Take it back to Second. Alright, take House Bill 702 back to Second. Leave House Bill 702 on Second Reading, Mr. Clerk. It gives Representative McCracken an opportunity to look at the Amendment. Alright, we'll return to House Bill 642, is that ready Representative Flinn?"
"Yes."
"Mr. Clerk, read the Bill."
"We were on Amendment #1 Mr. Speaker. We were already on Amendment #1."
"House Bill 642 was read a Second time previously. Amendment #1 is being offered by Representative Monroe Flinn."
"Representative Flinn."
"Thank you, Mr. Speaker. What Amendment #1 does, it takes reference to any fees out of the Bill and uses the fees that are now in the statutes and gives the court the authority to include the fee in the payments and it's an Agreed Amendment and this is the only way I can get it out of the Committee to agree to put it on Second Reading. So I move for the adoption of Amendment #1."
"Any discussion on the Amendment? Hearing none, all those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair the 'ayes' have it and 6 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 the Amendment's adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, the last Bill, I believe I said to hold 702. 702 I think should be placed on Third Reading. I believe Representative McCracken wanted to hold 753, Representative Woolard's Bill until he gets a chance to look at the Amendment. The Amendment's been adopted, it's on Second Reading, 753. Correct?
"Thank you."
"It'll be held on Second Reading. Representative Countryman. Is Representative Countryman in the chamber? Representative Stange. Is Stange in the Chamber? Representative Steczo, are you ready on House Bill 854? Out of the record, Cullerton, Representative Cullerton 870. Mr. Clerk, read the Bill."
"House Bill 870, a Bill for an Act to amend the Code of Civil Procedure. Second Reading of the Bill. There are no Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Cullerton."
"Gentlemen from Cook, Representative Cullerton."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Bill amends the Code of Civil Procedure to allow judges, after conference with council to give instructions to a jury at any time, as justice requires rather than at the end of the trial. What this Amendment does is to rewrite the Bill SO that it includes both criminal, as well as civil cases. And this was done with the cooperation of Representative McCracken. I'd appreciate your adopting this Amendment."
"Any discussion? The Gentlemen from DuPage, Representative McCracken." 7 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989
"Thank you, Mr. Speaker. I rise in support of the Amendment. This has been suggested, both by Judge Greiman and a Judge in my County. There is a law review article on it, or an Illinois Bar Journal article on it and I think I'll pass it around maybe before Third Reading if some people have reservations about this. But all this does, is allow a require in the courts discretion instructions to be tendered prior to trial. It does not cause the judge to make any final decision on the applicability of jury instructions. But merely allows it to be done at the beginning of the trial subject to the evidence of the case. I f appropriate, there may be instructions given by the court in it's discretion during trial to aid the jury in evaluating the evidence. Representative Cullerton has been very helpful on this. I appreciate his help and I also support the Amendment."
"The Gentlemen from Will, Representative Petka."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, would this proposed Amendment bring the Illinois trial of cases closer to the way the cases are conducted in Federal Court?"
"I'm sorry Mr. Speaker, I could not hear that question."
"Would the...would this proposed Amendment bring the trial of Illinois cases closer to the way that they are tried in Federal Court?"
"I'm going to have to defer to Representative McCracken on that. He says yes. I have never tried a case in Federal Court. I try to stay away from Federal Court as much as possible, and I think it's a good idea for all of us as a matter of fact."
"I agree with that. Second, in terms of the instructions 8 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 that have to be proposed, would this require the...in a criminal case, the giving of circumstantial evidence instruction even where the...prior to the case, the State or for that matter the defendant would not know whether or or not there, the prosecution or the defense would be producing that type of evidence."
"No, that's a good point. Obviously in certain instructions, you don't know whether they can be given until the evidence is in. I think what this is designed, the Bill would not require those to be given. The Bill would more likely be applicable in criminal cases by giving general instructions as to what reasonable doubt might be or the kind of instructions which are generally given, you know the broad that just give the jury some clue as to what to look for during the course of a trial, but not something which is in the case you described, it's very controversial instruction whether or not the evidence could support such instructions. That would remain until after all the evidence was in."
"Okay, well thank you very much."
"Further discussion? The Gentlemen from Cook, Representative Cullerton to close."
"I would just appreciate the adoption of the Amendment and as Representative McCracken said, there will be some time to study this issue for anyone who's interested before we vote on it on Third Reading."
"All those in favor of the Amendment, 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?"
"There are no further Amendments."
"Third Reading. Representative John Dunn, 901. Mr. Clerk, read the Bill." 9 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day
May 10, 1989 "House Bill 901, a Bill for an Act to amend certain Acts in relationship to the education of persons with certain diseases. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions filed?"
"No Motions filed, no further Amendments."
"Third Reading. Representative LeFlore, Representative LeFlore. Out of the record. Representative Cullerton, 914. Out of the record. How about 915? John Dunn, 921, Sir. Mr. Clerk, read the Bill. Fiscal notes filed? Out of the record. Representative Matijevich, 933. Out of the record. Representative Curran, Representative Curran, 1032. Mr. Clerk, read the Bill."
"House Bill 1032, a Bill for an Act to amend the Illinois Enterprise Zone Act. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2 is being offered by Representatives Dunn and Tate."
"Representative Dunn. Representative Tate, Amendment #2 to House Bill 1032. Do you want to explain the Amendment Sir? Gentlemen from Macon, Representative Dunn on Amendment #2 to House Bill 1032."
"House Bill, Amendment #2 to House Bill 1032 changes the, affects the Enterprise Zone Act and the sales tax provisions and provides that if a business makes investments causing the retention of at least 1,500 rather than 2,000 full time jobs, they shall qualify and I'd urge the adoption of the Amendment."
"Any discussion on the Amendment? Hearing none, all those in favor signify by saying 'aye', those opposed 10 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 'nay'. In the opinion of the Chair the 'ayes' have it, the Amendment's adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. Representative Currie. Is Representative Currie in the Chamber? Representative Giorgi. Representative Frederick. Representative Frederick, House Bill 1108. Out of the record. Jessie White, Representative White. Out of the record. Representative White, are you ready with House Bill 1110? Mr. Clerk, read the Bill."
"House Bill 1110, a Bill for an Act in relationship to Health and Nutrition. Second Reading of the Bill. There are no Committee Amendments."
"Are there any Floor Amendments?"
"There are none."
"Right. No Floor Amendments. House Bill 1110. Third Reading. House Bill llll, Representative Preston. Out of the record. Representative Levin. Out of the record. Representative Didrickson, 1147. Are you ready? Out of the record. Satterthwaite 1153. The Lady from Champaign. Mr. Clerk, read the Bill."
"House Bill 1153, a Bill for an Act to amend certain Acts in relationship to support orders. Second Reading of the Bill. There are no Committee Amendments or Floor Amendments."
"Third Reading. 1158, Representative Kirkland. Out of the record. Representative McAuliffe, 1164. Are you ready on 1164?. Mr. Clerk, read the Bill."
"House Bill 1164, a Bill for an Act regarding drivers licenses and the privileges of driving. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. Representative Wojcik, 1198. Mr. Clerk, read the Bill." 11 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989
"House Bill 1198, a Bill for an Act to amend an Act relating to contractors. Second Reading of the Bill. There are no Committee Amendments."
"Are there any Floor Amendments? Representative, we'll have to take it out of the record. I believe there's an Amendment filed and we don't have it. Take it out of the record, Mr. Clerk. Representative Homer, 1002. I'm sorry, 1202. Out of the record. Representative Mays 1251. Mr. Clerk, read the Bill."
"House Bill 1251, a Bill for an Act to amend the Unified Code of Corrections. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. Representative Didrickson, 1252. Out of the record. I'm sorry Representative Didrickson 1252. Mr. Clerk, read the Bill."
"House Bill 1252, a Bill for an Act to amend the Revenue Act. Second Reading of the Bill. There are no Committee or Floor Amendments."
"Third Reading. Alright Mr. Clerk, let's go back to 1198, Representative Wojcik's Bill."
"House Bill 1198 had been read a Second time previously. Amendment #1 is being offered by Representative Wojcik."
"The Lady from Cook, Representative Wojcik."
"Yes, Mr. Chairman and Members of the House. This Amendment is an Agreed Amendment. When I presented the Bill in Committee, I said that I would change the interest rate to 10% per annum and that's what this Amendment is doing."
"Any discussion? The Gentlemen from Cook, Representative Cullerton."
"Yes, it might be a fine Amendment Mr. Speaker, but I don't believe it's been printed and distributed." 12 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day
"Take it out of the record. May 10, 1989 Representative Saltsman. Is Representative Saltsman in the Chamber? Out of the record. Representative DeJaegher. Representative DeJaegher on House Bill 1282. Out of the record. Representative Currie, out of the record. Parke, 1305. Mr. Clerk, read the Bill."
Representative Clerk Leone: "House Bill 1305, a Bill for an Act to amend the Park District Code. Second Reading of the Bill. There are no Committee or Floor Amendments, and the fiscal note has been filed."
"Third Reading. Representative Hannig, 1339. Out of the record. Representative Kulas. Out of the record. Representative Cullerton on 1389. Mr. Clerk."
"House Bill 1389, a Bill for an Act to amend the Revenue Act. Second Reading of the Bill. There are no Committee or Floor Amendments."
"Third Reading. Representative Steczo, 1395. Out of the record. There's been a fiscal note requested on 1398, so, out of the... House Bill 1398, Representative Olson. Bob, are you ready Sir? Representative Olson. Out of the record. Representative Turner. Out of the record. Representative Morrow. Out of the record. Flinn, 1416. Mr. Clerk, read the Bill."
Representative Clerk Leone: "House Bill 1416, a Bill for an Act to amend the Vital Records Act. Second Reading of the Bill. There are no Committee Amendments or Floor Amendments."
"Third Reading. Representative Hasara 1435. Out of the record. Kulas. Out of the record. Kirkland, Representative Kirkland, 1483. Out of the record. Representative Homer, 1492. Columbus discovered America. Are you ready? No. 1493. Out of the record. 1494. Out of the record. 1505, Representative Curran. Gentlemen from Springfield. Mr. Clerk, read the Bill. 1505." 13 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989
"House Bill 1505, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Amendments? A fiscal note's requested. Leave it on Second. Representative Flowers, the Lady from, pardon me... Representative Curran."
"The, I think the request for a fiscal note has been rescinded according to Representative McCracken yesterday. Tom."
"Representative McCracken."
"Yes, that's right. Someone from the Department of, or the State Board of Education confirmed that there would not be an increase cost associated with this. So I withdraw the fiscal note."
"The fiscal note's been withdrawn on House Bill 1505. Are there any other Amendments?"
"There are Floor Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. Representative Flowers. The Lady from Cook, Representative Flowers, 1530. Mr. Clerk, read the Bill."
"House Bill 1530, a Bill for an Act to amend the Criminal Code. Second Reading of the Bill. There are no Committee or Floor Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. Representative Cullerton, 1541. Mr. Clerk, read the Bill."
"House Bill 1541, a Bill for an Act to amend an Act 14 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 relating to higher education. Second Reading of the Bill. There are no Committee or Floor Amendments."
"Third Reading. Representative Wojcik, 1553. The Lady from Cook. Mr. Clerk, read the Bill."
"House Bill 1553, a Bill for an Act to amend the Illinois Alcoholism and Other Drug Dependency Act. Second Reading of the Bill. There are no Committee or Floor Amendments."
"Third Reading. Representative Hicks. Out of the record. Representative Novak. Out of the record. Representative Goforth. Is Representative Goforth in the Chamber? Out of the record. Representative Matijevich. Out of the record. Wyvetter Younge, the Lady in the Chamber? Out of the record. Representative Churchill. Is Representative Churchill in the Chamber? Out of the record. Page 8 of the Calendar, House Bill Second Reading Short Debate. Representative Ryder. Is Representative Ryder in the Chamber? Representative McCracken, 1667. Mr. Clerk, read the Bill."
"House Bill 1667, a Bill for an Act to amend an Act in relationship to the Department of State Police. Second Reading of the Bill. There are no Committee or Floor Amendments."
"Third Reading. Representative Countryman, 1674. Are you ready? 1674. Mr. Clerk, read the Bill."
"House Bill 1674, a Bill for an Act to amend the Illinois Administrative Procedure Act. Second Reading of the Bill. There are no Committee or Floor Amendments."
"Third Reading. Representative Churchill. Out of the record. Representative Hallock. Representative Hallock on 1688. Out of the record. Representative Olson, 1699, Myron. Mr. Clerk, read the Bill."
"House Bill 1699, a Bill for an Act to amend the 15 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 Medical Practice Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Floor Amendments?"
"No Motions filed. Floor Amendment #2 is being offered by Representative Myron Olson."
"Representative Olson on the Motion."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1699 has reference to as receptorship with chiropractors. House Amendment #2 establishes the preceptor chiropractic program is for senior students in their final term and also offers a limited opportunity to perform such acts that maybe prescribed as incidental to his training. I move the adoption of Amendment #2 to House Bill 1699."
"Any discussion on the Amendment? The Gentlemen from Cook, Representative Cullerton."
"Yes, would the Sponsor yield?"
"He indicates he will."
"Representative, could you please tell me what the Bill does and then how the Amendment changes the Bill. This has to do with the Medical Practice Act and chiropractors, chiropractors and students. Is that correct?"
"The Bill, yes, Representative, the Bill basically comports what is in place in 40 states in the nation. Those states do not have a Medical Practice Act. The original Bill established a preceptorship and permitted senior students to be operating rather freely in the chiropractic offices. What this Amendment #2 which is prepared by the Med Society strictly limits their opportunities to act in a preceptorship roll. It establishes the program for senior students in their final term and limits their acts and makes sure that they 16 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 describe themselves as students and not as doctors. That is the basic element of..."
"So what you're saying is that the Bill got out of committee with the, it slipped by the Medical Society."
"No the medical society is in support of the Bill."
"Of the Amendment."
"With, no with the Amendment, they are in support of the Bill."
"With the Amendment. Without the Amendment, the medical society is opposed to the Bill."
"They like the Amendment yes, and they are supportive as it is now informed."
"Did they draft to the Amendment?"
"Yeah, they drafted the Amendment and gave it to us."
"They actually drafted it themselves."
"They gave us the input to have it put in form."
"Alright, so if we wanted to support the Medical Society, we got to put this Amendment on?"
"No, no you would be supporting a good practice in both the medical community and the chiropractic community."
"Well it sounds like you had an idea here with this Bill to allow to chiropractic students in their last year of study to be permitted some limited practice."
"You've got some in house training, but..."
"But this Amendment takes that out."
"Pardon?"
"This Amendment takes that out."
"No, this is acceptable to the chiropractic community. This Amendment..."
"Under the theory that you get, half a loaf is better than none."
"Well, that perhaps is the essence of it. But it puts it in a form that is acceptable to everyone and this is 17 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 basically what they were seeking, that is the chiropractic community."
"So, when the Bill was originally drafted it was not drafted correctly?"
"The original Bill was a shell Bill because they didn't have the necessary materials to us."
"Oh, I see. Well fine, thank you."
"Further discussion? All those in favor of the Amendment signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair the 'ayes' have it, the Amendment's are adopted. Are there further Amendments?"
"There are no further Amendments."
"Third Reading. Mr. Clerk, let's go back to 1690. Representative McCracken on House Bill 1690."
"House Bill 1690, a Bill for an Act in relationship to premarital agreements. Second Reading of the Bill. There are no Committee or Floor Amendments."
"Third Reading. Representative Preston, 1757. Mr. Clerk, read the Bill."
"House Bill 1757, a Bill for an Act concerning the rights of children. Second Reading of this Bill. There are no Committee or Floor Amendments."
"Third Reading. I inadvertently missed one, Mr. Clerk. Representative Preston, do you want to hear 1754? Mr. Clerk, read that Bill."
"House Bill 1754, a Bill for an Act to amend the Condominium Property Act. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Were there any Motions filed?"
"No Motions filed and no further Amendments."
"Third Reading. On Page 9 of the Calendar, House Bills Second Reading, Short Debate. Is everybody ready? We're on Short Debate, Second Reading Ladies and Gentlemen. 18 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 Representative Churchill. Is Representative Churchill in the Chamber? House Bill-1764. Are you ready? Mr. Clerk, read the Bill."
"House Bill 1764, a Bill for an Act to amend the Illinois Power of Attorney Act. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. Representative White. Out of the record. Representative Hasara, 1777. Mr. Clerk, read the Bill."
"House Bill 1777, a Bill for an Act to amend the Probate Act. Second Reading of the Bill. There are no Committee or Floor Amendments."
"Third Reading. Representative Piel, 1778, Mr. Clerk, read the Bill."
"House Bill 1778, a Bill for an Act to amend an Act in relationship to banking. Second Reading of the Bill. Amendment #31 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. Representative DeLeo. Out of the record. Representative Phelps. Out of the record. Representative Stephens. Is Representative Stephens in the Chamber? Out of the record. Representative McNamara. Representative Williams, 1832. Out of the record. Mr. Clerk, Representative McNamara on 1831."
"House Bill 1831, a Bill for an Act to amend the Revenue Act. Second Reading of the Bill. There are no Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1 is being offered by Representative Black." 19 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 38th Legislative Day
"Representative Black on Amendment #1. The Gentlemen from Vermilion, Representative Black on Amendment #1, to House Bill 1831."
"Well, thank you very much, Mr. Speaker. This Amendment simply exempts out Cook County on a Bill that we had some problems with because we didn't exempt out Cook County. And it simply says that a senior citizen will receive notice, can go to the courthouse or the assessors office and get a duplicate notice of a tax delinquency bill sent to a person that they designate. And all we're attempting to do with this Amendment is to keep senior citizens who may or may not be cognizant of what's going on around them from losing their property. And it's thought that if we can send a duplicate notice to a son or a daughter or a lawyer or someone that that will keep them from losing their property. We've also in the Amendment, addressed another concern that some people had, and that is that it does cost them $5.00 to SO designate. That'll help we think defray some of the upfront cost that the treasurers and assessors had some concern with. I'd be more than happy to answer any questions you might have."
"Any discussion? Hearing none, all those in favor of the Amendment 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?"
"There are no further Amendments."
"Third Reading. Representative Williams, yes, House Bill 1832. Mr. Clerk, read the Bill."
"House Bill 1832, a Bill for an Act to regulate the title of insurance in escrow businesses. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?" 20 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989
"No Motions filed. No further Amendments."
"Third Reading. House Bill 1789, Representative Stephens. Mr. Clerk, read the Bill."
"House Bill 1789, a Bill for an Act to amend an Act in relationship to transfer of various property rights. Second Reading of the Bill. No Committee or Floor Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. 1842, Representative Parke. Mr. Clerk, read the Bill."
"House Bill 1842, a Bill for an Act to amend the Illinois Insurance Code. Second Reading of the Bill. No Committee or Floor Amendments."
"Any Floor Amendments?"
"There are none."
"Okay, Third Reading. Representative Keane on House Bill 1875. Mr. Clerk, read the Bill."
"House Bill 1875, a Bill for an Act to amend the Build Illinois Fund. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. Representative Countryman on 1847. Out of the record. Representative Martinez, 1859. Mr. Clerk, read the Bill. We'll leave it on Second Reading. Out of the record. Fiscal note has been filed, Representative Martinez. Representative Santiago. Out of the record. Representative Petka. Mr. Clerk, read the Bill."
"House Bill 1865, a Bill for an Act concerning Will County. Second Reading of the Bill. There are no Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, is being offered by 21 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day Representative Petka."
May 10, 1989 "Gentlemen from Will, Representative Petka."
"Thank you, Mr. Speaker and Members of the House. Floor Amendment #1 simply places a legal description which was lacking on the Bill when it was voted out of Committee by 19 to 0. I had told the Committee Chairman at that time that I would be offering an Amendment for the release of a site easement. We did not have the legal description available. We do now have it and I move for the Amendment's adoption."
"Any discussion on the Amendment? The Gentlemen from Cook, Representative Cullerton."
"Yes, would the Sponsor yield for a question?"
"He indicates he will."
"This is a transfer from state to a private owner?"
"That is not correct Representative."
"That's a question, I'm sorry. Is this a transfer from the state to a private owner?"
"It is a release of a state easement that was something known as a site easement which was granted to the state in the 1930's when the highway was being built. That highway was built approximately 55 years ago. The state no longer has any need for the site easement."
"So it's a release of a site easement?"
"Yes, Sir."
"And the easement was granted by whom?"
"The easement was granted by a landowner about 55 years ago. A farmer that lived out on Route 59."
"So the state has a right that they are giving up through this Bill to the benefit presumably of a private landowner?"
"One could view it that way, but..."
"My only question is, was there a need, did you feel a 22 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 need for there to be an appraisal of the easement?"
"Representative, when this Bill was proposed, the Department of Transportation had been talking with the landowner and had agreed to release that easement for the payment of $1.00 which was the payment that the Department of Transportation had made to the landowner in 1933."
"Excuse me, Representative Keane in the Chair."
"So in otherwords, in 1933."
"In the mid '30s. It was in that range of time."
"Okay, 1933 the State paid for this easement?"
"They paid the sum of $1.00, yes."
"And now you want, presumably this fellow out there in Will County has had the benefit of that $1.00. Richard Anderson has had the benefit of that $1.00 since 1935 say, and now you're suggesting in 1989 that he give us back the dollar, without any interest?"
"You strike the hard bargain Representative, yes."
"What is a site distance easement?"
"This permitted the State of Illinois to utilize a view from the top of a hill which is situated over the DuPage River in which permitted the State to in someway build a highway, build Route 59 in the mid '30s. And quite frankly I don't know what a site easement is myself."
"Well why are we giving...why are we giving it back to them. In otherwords, if it permits a view, if it permits a nice view, why would we want to give up the right to view the river?"
"There has been a significant change in the character in use of the area. What may have been a very scenic view in the 1930's now is simply a gas station and a shopping center, a liquor market and trailer court."
"Oh, I see, in other words they can't build the shopping mall until we pass this Bill?" 23 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 38th Legislative Day
"That's correct."
"So some developer is going to build a shopping mall but he can't do it until we pass this Bill and part of the deal is that he pays us a $1.00."
"Representative."
"If he pays us a $1.00 then he gets to build this shopping mall."
"Representative, there already is a shopping mall there. What he's trying to do is move the restaurant which is at the corner back about 40 feet. And in fact, give them more access for parking and eventually to build a little mall there."
"This would be a big Bill for this guy. This is a very important Bill I would think, and he is willing to give us a $1.00, the same $1.00 that he received back in 1935. He's willing to give us back the $1.00 so he can build a shopping mall. I think, I think it's probably not necessary Mr. Speaker for us to have an appraisal on file because it's not the transfer of land, it's only the transfer back of an easement. So, at this time on Second Reading I would have no objection to the Amendment."
"The question is, 'Shall Amendment #1, to House Bill 1865 be adopted?' Those in favor say 'aye', those opposed 'no'. The 'ayes' have it and the Amendments is adopted. Any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 1877, Representative Cullerton. Mr. Clerk, read the Bill."
"House Bill 1877, a Bill for an Act to amend an Act concerning adopted children. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions. Floor Amendment #1, offered by 24 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day Representative Cullerton and McCracken." May 10, 1989
"Representative Cullerton, on Floor Amendment #1."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Amendment clarifies for the purposes of inheritance that an adopted child is a descendant of both birth parents. The Probate Term Act, Probate Act term is 'natural parent' when the adopting parent is the spouse of a natural parent. As I indicated Representative McCracken and I are the Sponsors of the Amendment. The Bill would thus apply when a custodial natural parent remarries after becoming widowed or getting a divorce and the new spouse adopts the child. Illinois law right now provides that an adopted child is a descendant of the adopting parent for purposes of inheritance. This Amendment clarifies that adopted children are not adopted out of their bloodline when one of the natural parents remarries and the spouse of this natural parent makes the adoption. I'd be happy answer any questions if I can and I'd appreciate your support." to
"Any questions? Any questions on Amendment #1? Representative Dunn."
"Will the Sponsor yield for a question?"
"He indicates he will yield."
"Explain the, if a parent consents to an adoption...a biological parent consents to an adoption and gives up all parental rights, what impact will this Amendment have on the interstate relationship between the biological parent and the child?"
"Well, the current law provides that an adopted child is a descendant of the adopting parent for purposes of inheritance. What this deals with is a situation when one of the birth parents remarries and the spouse of this birth parent makes the adoption." 25 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day
"Yes, and that happens quite often." May 10, 1989
"Yes, and this says that the adopted child is not Dunn: adopted out of the birth parents bloodline." "I guess that's the reason I asked, I don't understand because if the natural mother for example, marries a second time and the second spouse, the second husband adopts the child then isn't that child the heir of both the natural mother and the second husband, under current law."
"Well that, no, there's an uncertainty there, and that is the reason for the Bill. There's an uncertainty regarding inheritance rights of children because right now unless this is clarified there's a disincentive to adoption by a new spouse of a divorced or a widowed natural parent because there is some question as to whether or not by remarrying whether that cuts off the right of the adopted child to take from the original birth parent." I
"Well, can see how there would be an issue if there has been a husband and wife married, a child, divorced, mother marries for the second time and the first husband who would be the biological father of the child. I can understand how there might be an issue, maybe we need a statute to clarify, but if that mother who is the biological mother of the child marries and her new husband adopts the child, I don't understand why you need legislation. Either the child would inherit from the biological mother, either his I don't natural mother or understand." adopting petitioner.
"Let me. explain, let me give you this example. Husband and wife have a child and they divorce. The wife remarries, the wife, the new husband, the second husband wishes to adopt the child, right now it's unclear whether or not if the first husband dies, whether or not that child can take from her birth father, the first husband. That is 26 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 the part that's unclear and this Bill is designed to insure that that child can take."
"Can or can not?"
"Can take from that."
"And why do we want to do that? If the first parent gives up all for the adoption to take place, the first husband has to give up all rights and consent to the adoption and that husband goes on down the road, right a will and finds out after he's dead that he's got an heir that he didn't anticipate."
"It's, the child doesn't lose the rights because they were put up for adoption. The question is whether or not the child loses their rights if they are readopted, okay. By the second husband."
"By questioning the policy thrust of the..."
"Okay here's the policy."
"...the Amendment, I think your, I think the Amendment would in fact discourage adoptions because if the, if a...we're using an example of a man. A man gets to father, gets divorced and the wife remarries, she decides to adopt, the biological father, the first husband consents to the adoption and says alright that's very unfortunate but I'm going to do this. It terminates my obligation for child support. It terminates all my rights as a father to the child and I'm sure that that man anticipates that it also cuts off inheritance. And if we're going to provide that the child shall be eligible to inherit from both the biological father and the adopting father we're making a very major policy change which I don't think we should do by Amendment here. We ought to think about that."
"Well let me, let me explain why I think this encourages adoption. What's happened is that people, that second husband does not adopt the child whom is living, who 27 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 is living with him and his wife. They do not adopt the child because by adopting the child. that child may lose their inheritance from his or her birth father."
"I think they would lose them."
"No, that's where the law needs to be changed. If there's an adoption, by that, after the divorce, if there's an adoption by the second father, that child may lose their inheritance from the birth father. And as a result, people are not adopting the children of that second marriage and this is designed to encourage it."
"I would disagree. I would say that over 90% of the instances the people involved with these situations are people who have little or no net worth and that's not a factor and the policy of this state, as I understand it has been to sever the ties so that once the adoption is completed the person consenting to the adoption loses all rights and the child is the child of the adopting parents and I think that's the way it should be. If there is a situation where, where a person has consented to adoption and wishes to take care of the child they could always include them in a will. But I, if we're going to say that the children who are adopted become eligible for inheritance from two sets of parents that may very well be the thing to do. But I'm saying that that is a major change in direction of policy and I would like to hear from adoption agencies. I'd like to hear from people who've been involved with this. I'd like to hear from a lot of people before we take such a significant step. I just don't think we should do it now by Amendment."
"Representative McCracken."
"Yes, thank you. First we should indicate that any change in the law is made subject to an express intent to reserve rights as under the current law. This is not a 28 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 question of reaching back unfairly to deprive somebody of inheritance rights. More importantly, this does not disinfranchise an adopted child, this infranchises an adopted child. And what we mean by that is this. Not only are they the parents or not only are they the children of the adopting parent for purposes of inheritance, but under this Bill they would also be an inheriting child from the spouse of a natural parent. So this covers a divorce. What happens is, a man will get or a women will get divorced with children, shall marry a second time, that new person should be able to leave or the child should be able to inherit from that marriage as well as both natural parents. That infranchises the adopted child. That takes into account in probate terms, the relatively recent rise in divorce rates and second marriages in this country and I think that it makes outstanding public policy. I don't see anything wrong with this Bill. Obviously where a will is executed, any rights regarding inheritance can be expressly overridden by that will. I just don't see a downside to this issue, and this covers not the case where a parent who relinquished rights at a prior date doesn't want to be involved with the kids, this covers the situation where the marrying partner of the natural parent wants to be involved with these children for purposes of inheritance as well as all other familial purposes. So I think it's a good Bill."
"Representative Stern."
"Mr. Speaker and all of you Gentlemen who have spoken on this. I am not an attorney, but I am a parent in a very complicated family. And it seems to me that what you are saying is not that this child is disinfranchised, but that he is doubly infranchised and I'm not sure that's appropriate. I'm sorry about that. It seems to me what you are saying is the child, this is the most complicated 29 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 debate I've ever been involved in. The child of a mother who is divorced and remarries and then is adopted by a stepfather, stands to inherit from her real father when he dies whether that real father has had any opportunity to be involved in the family or not. That that child retains a claim on the estate of a father who has in fact abandoned claim to the child. Am I misunderstanding?"
"Representative Cullerton to close."
"Yes, thank you, Mr. Speaker and Ladies and Gentlemen of the House. I don't want to suggest that this is not an important Bill because whenever adoption comes up in the Legislation it's always a very emotional and sensitive issue. But it's my position that, and I think it's pretty clear that this Bill, this Amendment is designed to encourage adoptions. It is limited, it is limited to this situation where...let's put it this way, it does not apply to adoptions by non-spouses of natural parents where the natural parents have certain confidentiality, rights. It only applies in the limited circumstances where the spouse of a natural parent adopts the child. So there are many people now who are not adopting their children who are living with them because they fear that by doing so, that child will lose inheritance rights from their birth parent. I think that that is not a good policy and as a result, I would encourage you to vote for the Amendment."
"Representative McCracken, for what purpose do you rise?"
"If, if I may, just to make the point that there are still rights under the will which can be reserved that this..."
"Representative McCracken, you spoke in debate."
"Alright, I'm just trying to clarify..."
"Question is, 'Shall Amendment #1 to House Bill 30 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 1877 be adopted?' Those in favor vote 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? On this, on Floor Amendment #1, there are 90 voting 'aye'. Mr. Clerk, take the record. There are 90 voting 'aye', 5 voting 'no', 5 voting 'present' and Amendment #1. Representative Preston, 'aye', and Amendment #1 to House Bill 1877 is adopted. Any further Amendments?"
"No further Amendments."
"Third Reading. 1878, Representative Pullen. Mr. Clerk, read the Bill."
"House Bill 1878, a Bill for an Act to amend the AIDS Confidentiality Act. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2, offered by Representative Pullen and Levin."
"Representative Pullen on Floor Amendment, Pullen: Amendment #2." "Mr. Speaker, I need to move to table Amendment #1. Is that in order please?"
"Is there leave? The Lady moves to table Amendment #1. Is there leave? The leave is granted and Table #1, or Amendment #1 is tabled."
"Floor Amendment #2, offered by Representative Pullen."
"Representative Pullen."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Amendment is labeled Pullen-Levin, and it is largely technical. It replaces the Committee Amendment and it's effect simply is to limit the situations where 31 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 physicians are exempted from liability in disclosing a test result to a spouse by a physician acting in good faith under this paragraph. The Amendment was drafted by Representative Levin's assistant and I have agreed to the Amendment, I think it tightens up the Bill and expresses my intent as we presented it to the committee and I move it's adoption."
"Representative Levin."
"The Lady is correct. The Amendment resolves the problems that she had committed herself in committee to correct."
"Representative Black."
"Well, thank you very much, Mr. Speaker. I think if Representative Pullen and Representative Levin have gotten together on an AIDS Amendment, I don't see where we need to debate this any further at all."
"Question is, 'Shall Amendment #2 to House Bill 1878 be adopted?' Those in favor say 'aye', those opposed 'no'. The 'ayes' have it and Amendment #2 is adopted. Any further Amendments?"
"No further Amendments?"
"Third Reading. House Bill 1881, Representative McCracken. Mr. Clerk, read the Bill."
"House Bill 1881, a Bill for an Act to amend the Probate Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments."
"Floor Amendment #1 offered by Representative McCracken and Cullerton."
"Representative McCracken."
"Mr. Speaker, it had been accepted in the legal community and by the courts that prior to 1955, an adopted child was not included in inheritance in the absence of an expressed statement to that affect in the will. In a 32 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 couple of anomalous poorly reasoned appellate court decisions of late, courts have held that 1955 rule did not apply. In effect, applying to pre-1955 wills, what had been the later change in the law requiring that adopted children be in the will absent and express reservation. That change or that finding by the appellate courts is absolutely absurd, does violence to the entire law in this field and certs to rob of the...rob persons executing wills in reliance on the pre-1955 law of having those wills executed according to their intent. Those are absolutely awful decisions, the judges should be ashamed of themselves and I move this Amendment to make it clear that prior to 1955 the presumption was as it has always been that the adopted child is not included in the absence of an expressed grant."
"Any further discussion on Amendment #1? If not, the question is, 'Shall Amendment #1 to House Bill 1881 be adopted?' Those in favor say 'aye', those opposed 'no'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"
"No further Amendments."
"Third Reading. On Page 10, House Bills, Second Reading, Short Debate Calendar appears House Bill 1884, Representative Regan. Out of the record. 1885, Representative Novak. Mr. Clerk, read the Bill."
"House Bill 1885, a Bill for an Act to amend Sections of the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. 1888, Representative Wojcik. Mr. Clerk, read the Bill."
"House Bill 1888, a Bill for an Act to prohibit 33 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 misleading labeling in minus. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. 1890, Representative DeLeo. Take it out of the record. House Bill 1896, Representative Myron Olson. Representative Myron Olson. Take it out of the record. House Bill 1897, Representative Giorgi. Representative Giorgi, 1897. Mr. Clerk, read the Bill."
"House Bill 1897, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 1904, Representative Countryman. Mr. Clerk, read the Bill."
"House Bill 1904, a Bill for an Act to amend certain Acts in relation to requests for certain criminal records. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 1925, Representative Currie. House Bill 1958, Representative Flinn. Mr. Clerk, read the Bill."
"House Bill 1958, a Bill for an Act to amend the Illinois Savings Associations Banking Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?" 34 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day
"No Floor Amendments." May 10, 1989
"Third Reading. House Bill 1966, Representative Black. Representative Black. Read the Bill."
"House Bill 1966, a Bill for an Act to amend the New Vehicle Buyer Protection Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 1978, Representative McCracken. Mr. Clerk, read the Bill."
"House Bill 1978, a Bill for an Act to amend the Illinois Act of the Aging. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 1994, Representative Klemm. House Bill 1995, Representative Matijevich. Representative Matijevich. Do you want to have House...Mr. Clerk, read the Bill, 1995."
"House Bill 1995, a Bill for an Act to amend an Act creating the Board of Higher Education. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 1999, Representative Giorgi. Representative Giorgi, 1999. Mr. Clerk, read the Bill"
"House Bill 1999, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?" 35 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day
"No Floor Amendments." May 10, 1989
"Third Reading. House Bill 2003, Representative Stange. House Bill 2004, Representative Stange. I'm sorry, Representative Stange, on 2003. Mr. Clerk, read the Bill."
"House Bill 2003, a Bill for an Act to amend an Act to require Hotels and Motels to post in their room floor plans. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 2004, Representative Stange. Mr. Clerk, read the Bill."
"House Bill 2004, a Bill for an Act to amend the Illinois Nursing Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 2005, Representative Peterson. Out of the record. House Bill 2006, out of the record. 2010, out of the record. House Bill 2011, Representative Homer. Representative...out of the record. House Bill 2014, Representative Novak. Mr. Clerk, read the Bill."
"House Bill 2014, a Bill for an Act to amend the Illinois Controlled Substance Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 2029, Representative Bugielski. Mr. Clerk, read the Bill."
"House Bill 2029, a Bill for an Act to amend the Illinois Banking Act. Second Reading of the Bill. No 36 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 2032, Representative Mays. Take it out of the record. House Bill 2035, Representative Parcells. Mr. Clerk, read the Bill."
"House Bill 2035, a Bill for an Act to create the State Lavatory Review Board. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 2040, Representative Mays. Out of the record. House Bill 2042, Representative Johnson. Mr. Clerk, read the Bill."
"House Bill 2042, a Bill for an Act to amend an Act providing for the Organization of Maintenance for the University of Illinois. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative...offered by Representative Johnson."
"Representative Johnson on Floor Amendment #1."
"Floor Amendment #1, basically puts this Bill in the same form that a Senate Bill that was held up is in, implements the recommendations of the audit commission and the Joint recommendations of the University of Illinois, regarding a merger of the entities. I know of no opposition, and I move it's adoption."
"Is there any discussion on Amendment #1? There being no discussion, is the question is, 'Shall Amendment #1 to House Bill 2042 be adopted?' Those in favor say 'aye', those opposed 'no'. The 'ayes' have it and Amendment #1 is adopted. Any further Amendments?" 37 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989
"No further Amendments."
"Third Reading. House Bill 2045, Representative Parcells. Mr. Clerk, read the Bill."
"House Bill 2045, a Bill for an Act to amend an Act in relation to Banking. Second Reading of the Bill."
"Any Motions filed?"
"Amendment #1 was adopted in committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"No. Floor Amendments."
"Third Reading. House Bill 2052, Representative Novak. Mr. Clerk, read the Bill."
"House Bill 2052, a Bill for an Act regarding originally grown agricultural commodities. Second Reading of the Bill. Amendment #1 and 2 were adopted in committee."
"Any Motions filed?"
"That's organically grown. No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. Any Motions... House Bill 2053, Representative Novak. Representative Novak. Mr. Clerk, read the Bill."
"House Bill 2053, a Bill for an Act to amend the Civil Administrative Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments? There's been a request for a fiscal note. Has the fiscal note been filed?"
"No Floor Amendments."
"The Bill remains on Second."
"Fiscal note has not been filed."
"House Bill 2059, I'm sorry Representative Novak, 38 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 for what purpose do you rise?"
"Mr. Speaker thank you, I would like to have leave of the Body to place House Bill 2053 on Interim Study, please?"
"The man has... you don't need leave, but the Bill will be placed on Interim Study."
"Thank you."
"Thank you. House Bill 2059, Representative Balanoff. Read the Bill."
"House Bill 2059, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 2062, Representative Ryder. House Bill 2066, Representative Phelps. House Bill 2073, Representative Kubik. Representative Kubik. Do you want to call... Mr. Clerk, read the Bill."
"House Bill 2073, a Bill for an Act to amend an Act in relation to the use of assumed names. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 2076, Representative Kubik. Read the Bill, Mr. Clerk."
"House Bill 2076, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 2081, Representative Shaw. 2081, Representative. Mr. Clerk, read the Bill."
"House Bill 2081, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. 39 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day Amendment #1 was adopted in committee."
"Any Motions filed?". May 10, 1989
"No Motions filed. No further Amendments."
"Third Reading. House Bill 2090, Representative Barnes. Representative Barnes. Take it out of the record. On House Bill 2095, Representative Ronan. Mr. Clerk, read the Bill."
"House Bill 2095, a Bill for an Act to amend an Act concerning fees and salaries. Second Reading of the Bill. There are no Committee or Floor Amendments."
"Representative Ronan, for what purpose do you rise?"
"Thank you, Mr. Speaker. On House Bill 2095, the next Bill 2096. I did not move them out of committee, they were moved without my authorization. I never went to committee so, I would like to recommit 2095 and 2096 back to the Executive Committee, because I had no desire to move them."
"Do you want Mr... Representative Ronan do wish these Bills to be put into Interim Study?"
"That's fine with me, or any other place you would like to put them Mr. Speaker. 2095 and 2096."
"Thank you. Interim Study."
"Thank you."
"Interim Study of Exec. House Bill 2097, Representative Ryder. Take it out of the record. House Bill 2098, Representative Sutker. Roll... Mr. Clerk, read the Bill."
"House Bill 2098, a Bill for an Act to amend the Code of Civil Procedure. Second Reading of the Bill. There are no Committee or Floor Amendments."
"Third Reading. House Bill 2108, Representative Olson, Bob Olson. Mr. Clerk, read the Bill."
"House Bill 2108, a Bill for an Act to amend the 40 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 Illinois Controlled Substance Act. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill 2114, Representative Wennlund. Mr. Clerk, read the Bill."
"House Bill 2114, a Bill for an Act to amend the Illinois Solid Waste Management Act. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill 2123, Representative Parke. Representative Parke. Out of the record. House Bill 2125, Representative Black. Oh, Representative Black, read the Bill."
"House Bill 2125, a Bill for an Act to amend the Juvenile Court Act. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill 2129, Representative Didrickson. Mr. Clerk, read the Bill."
"House Bill 2129, a Bill for an Act to amend the Insurance Code. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions?"
"No Motions filed. No further Amendments."
"Third Reading. House Bill 2139, Representative Bowman. Representative Bowman. 21... Mr. Clerk, read the Bill."
"House Bill 2139, a Bill for an Act in relationship to the Hearing Impaired. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. Representative, I'm sorry. Third Reading. House Bill 2140, Representative Novak. Take it out of the record. House Bill 2145, Representative Currie. Out of the record. House Bill 2174, Representative Steczo. House Bill 2193, Representative Ryder. House Bill 2196 (sic-2195), Representative Kulas. Mr. Clerk, read the 41 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 Bill."
"House Bill 2195, a Bill for an Act to amend the Illinois Purchasing Act. Second Reading of the Bill. No Committee or Floor Amendments."
"Any Floor Amendments?"
"There are none."
"Third Reading. House Bill 2196, Representative Curran. Mr. Clerk, read the Bill."
"House Bill 2196, a Bill for an Act to amend the Illinois Insurance Code. Second Reading of the Bill."
"We'll just take it out of the record for a second Representative, we'll come back to it. Let's go back to, Mr. Clerk, 2123. Representative Parke. Read the Bill."
"House Bill 2123, a Bill for an Act to amend the Civil Administrative Code. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill, we'll go back and pick up House Bill 1111, Representative Preston. House Bill 1111, Mr. Clerk, read the Bill."
"House Bill 1111, a Bill for an Act to amend the Abused and Neglected Child Reporting Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments? Has the fiscal note been filed? Fiscal note. Fiscal note has not been filed. The Bill remains on Second Reading. Representative Parke, for what reason do you rise?"
"Thank you, Mr. Speaker. The Clerk inadvertently missed that I have Amendment #1 to House Bill 2123."
"Is there leave to take House Bill 2123 back to Second Reading? Leave and the Bill is now on Second Reading. Mr. Clerk, read the Bill on 2123."
"House Bill 2123, a Bill for an Act to amend the Civil Administrative Code. Second Reading of the Bill. 42 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 There are no Committee Amendments. Floor Amendment #1, is being offered by Representative Parke."
"Representative Parke."
"Thank you, Mr. Chairman. Ladies and Gentlemen of the House. Amendment #1 safeguards the confidentiality of the suggestion award board. As suggestion received the board, I made confidential, and if the state receives the wishable or a suggestion, it shall be referred to the Attorney General. I ask for a favorable adoption of this Amendment?"
"Any discussion on Amendment #1 to House Bill 2123? There being none, the question is, 'Shall Amendment #1 to House Bill 2123 be adopted?' Those in favor say 'aye', those opposed 'no'. The 'ayes' have it and Amendment #1 is adopted. Any further Amendments?"
"There are no further Amendments."
"Third Reading. House Bill 1075, Representative Giorgi. Mr. Clerk, read the Bill."
"House Bill 1075, a Bill for an Act to amend an Act in relationship to County Government. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions filed?"
"No Motions filed. No further Amendments."
"Third Reading. House Bill 1398, Representative Olson. Mr. Clerk, read the Bill."
"House Bill 1398, a Bill for an Act to amend certain Acts in relationship to the collection of unwanted pesticides. Second Reading of the Bill. There are no Committee or Floor Amendments. The fiscal note has been filed."
"Third Reading. Mr. Clerk, we'll go to House Bill 1859, on page 9, Representative Martinez. Mr. Clerk, read the Bill." 43 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989
"House Bill 1859, a Bill for an Act in relationship to mob action and organized gangs. Second Reading of the Bill. No Committee or Floor Amendments."
"Has the impact note been filed?"
"The Illinois Department of Corrections fiscal impact note is filed."
"Third Reading. House Bill 1896, Myron Olson, Mr., Representative Olson. Read the Bill."
"House Bill 1896, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2 is being offered by Representative Myron Olson."
"Representative Olson."
"Thank you, Mr. Speaker, Members of the House. Amendment #2 deletes unnecessary language in 95 1/2 in paragraph 2066, which is in conflict with the nonrenewal approach developed in cooperation with the Secretary of State. This Bill has to do with the matter of licenses for people who haven't paid their fines. I move the adoption of Amendment #2 to 1896."
"Is there any discussion on Amendment #2 to House Bill 1896? There being none, the question is, 'Shall Amendment #2 be adopted?' All those in favor say 'aye', all those opposed 'no'. The 'ayes' have it and Amendment #2 is adopted. Any further Amendments?"
"There are no further Amendments."
"Third Reading. On page 12, appears House Bill 2140, Representative Novak. Mr. Clerk, read the Bill."
"House Bill 2140, a Bill for an Act to amend the 44 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 Insurance Code. Second Reading of the Bill. There are no Committee or Floor Amendments."
"Third Reading. On page 6 appears House Bill 1342, Representative Kulas. Mr. Clerk, read the Bill. House Bill 1342."
"House Bill 1342, a Bill for an Act to amend the Solid Waste Planning and Recycling Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill on page 6, House Bill 1431, I'm sorry on House Bill 1451, Representative Kulas. Mr. Clerk, read the Bill."
"House Bill 1451, a Bill for an Act in relation to the Management and Recovery of Scrap Tires. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. On page 7, House Bill 1635, Representative Kulas. Mr. Clerk, read the Bill."
"House Bill 1635, a Bill for an Act to amend the Environmental Protection Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. We'll now go to page 46, House Bills, Third Reading, Short Debate. House Bills, Third Reading, Short Debate Calendar, page 46. Appears House Bill 41, Representative Countryman. Representative Countryman, on House Bill 41. Mr. Clerk."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House."
"House Bill 41, a Bill for an Act to amend an Act 45 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 concerning rights of a person entitled to succeed upon the death of another person. Third Reading of the Bill."
"Representative Countryman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 41 is a very simple Bill, it allows the payment on Death Account to be held at a security dealer, which expands it from Savings and Loans and Banks, it's a type of account customarily where you would go in there and put your name down and say at my death I would want this account to be payable to so and so, allows people to avoid probate, therefore it takes away from legal fees, and probably is a good thing."
"Representative Cullerton."
"Will the sponsor yield?"
"Indicates he will."
"Representative, the other day in committee, after I explained the Bill very clearly, I think you accused me of mumbling. And I'm wondering if you wouldn't mind repeating."
"Sure, I'll be glad to, I'm sorry. I...people were holding a discussion over here, I didn't want to speak to loud, because it was the Minority Leader and he might hear what I had to say. He was cutting a deal or something. This Bill simply allows for a payment on death account with a security dealer, which would be a brokerage house. That is, if you wanted to hold stocks in the street account or money market in the street account at a brokerage firm, you could use what we call...commonly known as a payment on death account, and that is you designate a beneficiary to receive the proceeds of that account upon the death of the individual making the account. It's commonly used in savings and loans and banks, is a very convenient type of account. It automatically transfers upon the death of the 46 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 individual to the beneficiary and avoids the probate process."
"Any further discussion? The question is, 'Shall House Bill 41 pass?' Those in favor vote 'aye', those oppose vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill there are 111 voting 'aye', none voting 'no', none voting 'present' and the Bill having received the Constitutional Majority is hereby declared passed. Representative McCracken for what purpose do you rise?"
"Thank you for recognizing me, Mr. Speaker. I would like to introduce very quickly the wife of our good Representative David Leitch. Marlene is here with the fifth grade class from Holy Family School in Peoria. They're in the Speakers Gallery, welcome."
"While we're on the order of introductions, we have a former colleague, now a famous judge, Clarence Derril. Welcome Clarence. In the back with the not so famous John Dunn. On page 46, appears House Bill 110, Representative Satterthwaite. Mr. Clerk, read the Bill."
"House Bill 110, a Bill for an Act to amend the Baccalaureate Saving Act. Third Reading of the Bill."
"Representative Satterthwaite."
"Mr. Speaker and Members of the House. House Bill 110 simply amends the Baccalaureate Savings Act, to indicate that the activities of the board are authority which was created at the time we started the Baccalaureate Savings Act. We'll make a report to the Legislature each year. Previously we have thought that we might need the Legislation as a vehicle for additional Legislation, but we do not. The recommendation this year for the new methods of savings for college payments is incorporated in other 47 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 language in other Bills. So, I move for the adoption or move for the passage of House Bill 110."
"Representative McCracken."
"Will the Sponsor yield?"
"She indicates she will."
"I know that the Governor has been vetoing these attempts and wants to make this authority advisory only. Now, this Bill doesn't do that, does it? It's just a minor change in the Bill?"
"This is just a minor change, it does not give the Baccalaureate trust authority any ability to move forward with new programs. All it does is indicate that they should report back to the Legislature with any recommendations for statutory changes."
"Is it your intention to have this available for use later, regarding the trust authorities advisory or not advisory roll. Do we, can we expect to see this issue crop up?" tfh;7 Satterthwaite: "If you're asking whether I have some intention to use this as a further vehicle, no. I am asking the acceptance of the Bill just as it is, because we found that in the recommendations that the Baccalaureate Trust Authority is making for this year, those recommendations are included in, I believe it's House Bill 2606 and 2607."
"And this statutory change is necessary on it's own merits?"
"Right."
"Okay, thank you."
"Any further discussion? If not the question is, 'Shall House Bill 110 pass?' All those in favor vote 'aye', all those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this 48 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY' HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 question there are 112 voting 'aye', none voting 'no', none voting 'present' and this Bill having received the Constitutional...required Constitutional Majority is hereby declared passed. House Bill 114, Representative Steczo. Out of the record. House Bill 115, Representative Olson, Myron Olson. Representative Myron Olson. Mr. Clerk, read the Bill."
"House Bill 115, a Bill for an Act allowing the creation of Museum Districts. Third Reading of the Bill."
"Mr. Olson."
"Thank you, Mr. Speaker, as I annunciated yesterday, I'm still waiting for an Amendment from Democratic Staff, which I will accept. I will call them again and ask them to get it to us. Thank you, very much. Please take it out of the record."
"Mr. Clerk, take the Bill out of the record. House Bill 126, Representative Preston. Representative Preston. House Bill 126. Mr. Clerk, read the Bill."
"House Bill 126, a Bill for an Act to amend the Open Meetings Act. Third Reading of the Bill."
"Representative Preston."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. What House Bill 126 does is, to permit at Police Pension Board Disability Hearings, permit those hearings to be closed, SO that someones medical condition is not discussed openly and publicly. It keeps their medical condition and their medical problems confidential as those medical records and problems and conditions are in all other proceedings and that is what the Bill does. I'll be glad to answer any questions and urge your 'aye' vote."
"Any questions on House Bill 126? There being none, the question is, 'Shall House Bill 126 pass?' Those in favor vote 'aye', those opposed vote 'no'. The voting 49 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this issue there are 109 voting 'aye', 1 voting 'no', 1 voting 'present' and House Bill 126 having received the Constitutional Majority is hereby declared passed. Would the record show that Representative Santiago would of voted 'yes'. You're on the record, Representative. House Bill 174, Representative Shaw. Representative Shaw. Take it out of the record. House Bill 189, Representative Young. Representative Young. Do you want to...out of the record. House Bill 258, Representative Steczo. Out of the record. House Bill 273, Representative Johnson. Mr. Clerk, read the Bill."
"House Bill 273, a Bill for an Act to amend the Liquor Control Act. Third Reading of the Bill."
"Representative Johnson."
"This Bill passed here overwhelmingly. I guess several times. I think most recently a year or two ago. It allows people in nonconflict of interest positions in City and Local Government who hold liquor licenses to run for public office. Prevents artificial impediments to their ability to seek and...positions in their Government. It wouldn't allow for example, people who are in conflicts of interest to do that."
"Is there any discussion on House Bill 273? Representative Cullerton."
"Will the Gentlemen yield for a question?"
"He says he will."
"Would this apply state wide?"
"I believe so, yes."
"Okay."
"Any further questions? There being none, the question is, 'Shall House Bill 273 pass?' Those in favor 50 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 vote 'aye', those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. There are 100 'ayes', 100 voting 'aye', 4 voting 'no', 7 voting 'present' and this Bill having received the required Constiutional Majority is hereby declared passed. House Bill 274, Representative Johnson. Mr. Clerk, read the Bill."
"House Bill 274, a Bill for an Act to amend the Illinois Drainage Code. Third Reading of the Bill."
"Representative Johnson."
"I filed an Amendment today and I'm just going to let them worry about that in the Senate. This is a pretty boring Bill to be perfectly honest with everybody. It deals with drainage law and I've learned more about drainage law in looking at this Bill than I ever cared to know in my entire lifetime. But it's a codification, I think basically a noncontroversial.Bill. Larry Perlstein from Champaign is the Chairman of the I.S.B.A. Section on drainage law and is my resident expert, and advises me that this is not only noncontroversial but it's a good Bill, SO that's why I'm sponsoring it and I'd ask you to vote for it."
"Representative Cullerton."
"We can not find our file, so I wondered if he could just either take it out or maybe explain what it does. I agree that it is probably boring, and I agree that it's probably not controversial but we can't find the file."
"Representative Johnson."
"Rather than to have to go to sleep on my feet here explaining it, I think I'll just let you find the file, and wait. In the mean time, maybe this Amendment that we have already filed can get distributed and we can do everything here. So, as long as we get back to it that's fine." 51 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day
"Take the Bill out of the record. May 10, 1989 Thank you. House Bill 314, House Bill 283, Representative Ryder. Representative Hultgren. Representative Hultgren. Turn on Representative Hultgren, please?"
"Yes, Mr. Speaker I have agreed to hold that at the request of the other side."
"Out of the record. Thank you. House Bill. 317, Representative Cowlishaw. Out of the record. House Bill 321, Representative John Dunn. Mr. Clerk, read the Bill. Representative Laurino in the Chair."
"House Bill 321, a Bill for an Act to amend the Public Utilities Act. Third Reading of the Bill."
"You're all given the week off now. Thank you. Mr. Dunn. Representative Dunn, proceed."
"Will you take this Bill out of the record, please?"
"Out of the record. House Bill 322, Representative Dunn. Mr. Clerk, read the Bill."
"House Bill 322, a Bill for an Act to amend the Civil Administrative Code. Third Reading of the Bill."
"Representative Dunn."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 322 creates the division of defense contract procurement within the Department of Commerce and Community Affairs DCCA. The purpose of this Legislation is to provide a positive arm within the agency of the Department of Commerce and Community Affairs to lobby in Washington for defense contracts for the State of Illinois. We have lagged way behind the other states in this regard and this will hopefully provide the appropriate mechanisms for the Department of Commerce and Community Affairs, to bring home some defense contracts to Illinois and I ask for your favorable vote on this Legislation."
"Is there any opposition? Do you have a 52 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 question Mr. Preston?"
"Yes, Mr. Speaker. Will the Gentleman yield for a question?"
"The Gentleman indicates he'll yield."
"I'm sorry, I couldn't hear you Mr. Speaker."
"The Gentleman indicates he will yield."
"Thank you, Representative Dunn. This has to do with defense contract procurement. Is there anything in is this Legislation that has to do with the six hundred dollar toilet seats being manufactured in Decatur?"
"No."
"Does it have anything to do with any other manufacturing in Decatur that you're trying to sell to the Defense Department at a higher cost than it's normally available on the open market?"
"You should come to Decatur sometime. Everything is a bargain in Decatur, and if we sell anything to the Department of Commerce or the Department of the Defense of the Pentagon, it'll be a bargain for them too. Stop by sometime."
"Based on the Gentlemans statement that everything in Decatur is cut rate. I have no objections to this Bill."
"Representative Ropp."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative isn't the intent of this Bill, something that our elected Congressman ought to be doing in Washington now?"
"Well, I don't think there's any doubt that we should urge our congressional delegation, both sides of the aisle, and our United States Senators to increase our efforts to bring, to bring defense contracts back in to Illinois. But, it's no secret that we have by aggressive lobbying in 53 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 Illinois, over the past ten years brought back a lot of highway money to this state and encouraged our congressional delegation to cooperate. And, that's what we want to do here. Were down around the bottom of the states for defense contracts, and we need to get more active in the State of Illinois."
"Well it looks a little bit interesting that we have just recently lost two military bases in the State of Illinois and there is somewhat a world wide effort to reduce our defense capabilities as well as other Nations around the world in attempt to secure world peace and then to set up a separate body in the state to do something that we have people who actually are our elected officials in Congress to do the very same thing. It seems like a little duplication of effort and I'm not sure that this is really. needed because, I think DCCA's got enough responsiblity back here."
"Well, the record speaks for itself, the efforts to date, by and on behalf of the State of Illinois have not been successful and rather than sit down and try to point fingers and assign blame, I think we should always try to be positive and we should aggressively seek out the procurement of defense contracts for our state. This legislation has nothing to do with defense installations, about which the previous Sponsor spoke. It's too bad we have to think about Fort Sheradon in Rantoul, but we're talking in this Legislation about contracts to the Department of Defense, the Pentagon. They buy shoes, they buy clothes, they buy trousers, they buy weapons, they buy vehicles, they buy trucks, jeeps, they buy tires, they buy batteries, they buy lots of things that can and parts for all those items, lots of things which can and ought to be manufactured inside the State of Illinois for sale to the 54 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 Federal Government. And if we get active and pursue this aggressively, I think we will find more of our tax dollars returned to the State of Illinois and that will be good for all of us."
"Representative Deuchler, do you have a question?"
"Mr. Speaker, will the Gentleman yield for a question, please?"
"He indicates he will."
"My question basically falls into somewhat the same area that Representative Ropp was speaking on, on the duplication of services already existing in DCCA. Does DCCA have a position on this Bill?"
"DCCA has a...I've had this Bill in before. They opposed this Legislation. I have not heard from them at this time. I do, I am familiar with the comments in the Republican analysis which is indicated that DCCA had not taken a position on the Bill. They have not contacted me. They should be for it. It provides funding to them and provides mechanism within the Department of Commerce and Community Affairs to enable them to be aggressive down in Washington, and we have set up, we've spent taxpayer dollars to set up offices of the State of Illinois in China and Brussels, South America and now in Moscow and the reason we do that is because we feel there's business out there, that we can obtain for our good citizens in the State of Illinois. There's plenty of business out in Washington. Tax dollars are being used, our tax dollars for defense purposes and if I recall correctly we are 45th among the 50 states in return of tax dollar for defense purposes and we are among the top of the industrialized States in the United States of America and we should have a better return on our money." 55 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989
"Do you have a price tag for this program?"
"The price tag, there is a fiscal note which I think says, the price will be 375,000 dollars. This will take a companion appropriation. In the past I've had this appropriation in at 100,000 dollars and I have an Appropriation Bill in at 100,000 dollar at the present time. This is in the nature of a pilot program. I don't think we should go off the deep end in this program until we see if it works, but my point to the Members of the General Assembly is that to date whatever else we've been doing hasn't worked. It's time to try something new and different and the price tag on this is very modest."
"No further questions."
"I'd like to remind Representative Dunn and the rest of the Body, these Bills are on Short Debate. Representative Black, do you have a question?"
"No question, Mr. Speaker, I just simply rise to support the Gentlemans Bill. I can testify that the people, I had joined a Air Force Base. I can tell you that the small businessmen and women in my district find it very difficult to wade through the regulations of doing business with the defense Department. I think the Gentlemen has an outstanding Bill."
"Representative Dunn to close."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I ask for a favorable vote on this Bill. Thank you."
"The question is, 'Shall House Bill 322 pass?' All those in favor vote 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 113 'aye', i 'nay', zero voting 'present'. This Bill having received the required Constitutional Majority is hereby declared passed. House Bill 326, Representative John Dunn. 56 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 Mr. Clerk, read the Bill."
"House Bill 326, a Bill for an Act in relation to verification of statements. Third Reading of the Bill."
"Representative Dunn."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The purpose of House Bill 326 is to in effect bring the State of Illinois into the twentieth century before it comes to a close. We have from time in Memorial used the notary public process for affidavits, but we've moved away from that with regard to our tax returns. We sign them under penalty of perjury, we apply for our license plates and our car titles without having to have a notary public on those forms any more. We swear to them under penalty of perjury. So, the purpose of this legislation is to get about the business of repealing the Notary Act. It does not repeal the Notary Act, at every instance, because that would place a terribly large burden upon the Reference Bureau, because it would take a large, large Bill. This Bill is what I would call a sample Bill to repeal a Notary Act in certain places and if we have an indication that this is to be the policy of the State of Illinois, be followed with a cleanup Bill. So, the purpose of this Legislation is to get about the business of repealing the Illinois Notary Public Act. I ask for your favorable vote."
"Representative Giglio, do you have a question?"
"No, I just. Do I have to ask a question? I just want to talk against the Bill."
"Is there anyone else seeking recognition that has a question? Representative Preston."
"Would the Gentleman yield for a question?"
"He indicates he will."
"Representative Dunn, if this repeals the Notary Act, in 57 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 Illinois, have you given any thought to the affect that that would have on documents that have to be submitted to other foreign countries...or to other countries that require documents to be rotarized?"
"There will, in answer to the Gentlemans question. There will have to be some exceptions to the general statement of policy in this legislation. That is one of them, and in the Hispanic community, a notary public enjoys the special status and I think we will have to address that concern as well. As I said this is what you might call a sampler at this point in time to see if, if the general public and the Members of this Body are willing to do this. What happens, I'll, I'll...that answers the question."
"Mr. Speaker, I have the highest regard not with standing my many comments concerning my good friend, Representative Dunn, but I am concerned about this Bill only because I have spent some time earlier in my life in another country and there are documents not just in the South American and Central American countries, but in Europe as well that rely on notary publics to verify documents. And, while I agree with Representative Dunn 100% that ought not be necessary and certainly it ought not be necessary within this country. It is because anyone who has to send a copy of a birth certificate, a death certificate, a marriage certificate, or a whole variety of other documents to prove status in another country, those other countries absolutely require those documents to be notarized. And if we don't have notaries in Illinois, that would put our citizens at tremendous jeopardy when they do go traveling. So, for that reason with all again due to respect, Representative Dunn, I'm going to be voting 'no'."
"The Gentleman from Dekalb, Representative Countryman." 58 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 38th Legislative Day
"Thank you, Mr. Speaker. Will the gentleman yield?"
"He indicates he will."
"Representative Dunn, could you tell me what the current law is in Illinois? I mean at the present time can't we use this verification procedure in certain instances?"
"At the present time I haven't discussed this this week or this month or even this year with the Reference Bureau. When I first went to them with this concept they told me that to repeal the requirements for notarization every place in the statutes, will require 1500 to 2000 pages long, because it's every place. And, it's an acronistic. So, maybe that answers your question. It is throughout our statutes, every place and in many regards, most regards it is an acronistic. It's another perfunctory step in the process of processing documents. The previous speaker raises a valid point which would need to be addressed and an obvious answer to that is to leave the nortaey public in operation and just abolish the requirement for...in more and more places and maybe we will get at it please feel that way."
"Well, deeds to transfer real estate still required a notary on them."
"That is correct."
"So, if we pass this Bill, people could be more prone to forge deeds and sign other peoples names, because they don't have to appear before a Notary. Is that right?"
"That, that's a fair argument, but I would answer your question this way, in your memory and mine. It used to be that you had to apply for a title to a motor vehicle with an affidavit notarized by a notary public. The State of Illinois and of course any time a notary is used the purpose is to avoid fraud and forgeries and the state of 59. STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 Illinois saw fit in their hundreds and thousands, and millions of car titles changing hands, saw fit to abolish the notary requirement because it's just an acronistic. It really doesn't solve the intent and purpose and it places a very serious burden upon the notary, who is a functionary and really has little responsibility and by statute can receive very little remuneration for his or her services, but yet they're exposed to tremendous liability if something goes wrong. The mechanism of the statute puts notaries on the horns of a dilemma, quite often. They're asked to notarize something if someone says, my spouse signed this at home last night, I'm signing it in front of you, please notarize it and of course that's a violation of the Act."
"All that's fair argument I think and fair rebuttal, but isn't there a responsibility in the notary, the notary is bonded and liable if the notary does something in violation of the Act so that if a forgery did occur the notary could be liable to the people who might be injured?"
"If the notaries of the world, understood that, but I, perhaps the notaries who are attorneys understand that. But, the great majority of people who have the old mechanical seal or the new rubber seal in their drawer and pull it out and notarize documents, have no concept about the exposure to which they subject themselves by providing this service. And, there is pressure upon them to do it, because without the notary, the deal doesn't go forward and with the notary they're taking an Act that exposes them to serious liability, including criminal penalties and about which most of them know about nothing. And so, my argument is that if we can do some of the most significant things, like sign our tax returns, vote the State of Illinois level and the Federal level and sign car title applications and 60 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 license applications without the need for a notary public, we can execute deeds and other important documents."
"Well, at the risk of dragging this out longer. How many states have done this?"
"I don't know, but they all should."
"Thank you."
"Is there any opposition to this Bill? Representative Giglio."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in opposition to this Bill. I don't, I think the intention of the Sponsor is well, but I don't think it's going to work. I think there are a lot of people out there that have this seal, that's necessary. I think there's a lot of transactions that have to be looked at by somebody who has the qualifications to be a notary and I would urge my colleagues to not be the only state in the country to have this law, to vote 'no'. Thank you."
"Representative Dunn, you have one minute to close."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. On behalf of all those notary publics out there who expose themselves to liability every day and don't understand what they're doing. I wish you would vote green for this Bill and to make a step forward in, for progress in the State of Illinois. The notary public situation as we know it now is an acronistic and this Bill is not all inclusive and will, if it passes set policy in the State of Illinois and of course there will have to be some exceptions to it, as I indicated for foreign documents and especially in the Hispanic community. So, I ask for your green vote."
"The question is, 'Shall House Bill 326 pass? All those in favor vote 'aye', those opposed, vote 'no'. 61 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. This Bill having received 15 'ayes', 94 'nays', 3 voting 'present', fails. House Bill 333, Representative Mays. Out of the record. House Bill 346, Representative Wennlund. Out of the record. House Bill 353, excuse me, Mr. Clerk. House Bill 346, Representative Wennlund. Mr. Clerk, read the Bill."
"House Bill 346, a Bill for an Act designating a state fossil. Third Reading of the Bill."
"Representative Wennlund."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Bill passed in the last Session of the General Assembly and was vetoed by the Governor, because of the cost of a school election. This Bill is the same Bill designating the state fossil as the Tulli monstrum gregarium, but does not add with it any costly elections to do it. The Bill, I believe, has by bipartisan support, sailed unanimously out of committee. It designates the three hundred million year old Tully monster, if you have never seen one, I have one here on my desk. On loan from the Illinois State Museum the Field Museum of Natural History. It's a valuable educational tool in Illinois, to teach students and young people about the rich cultural heritage and the rich geological past of Illinois. Particularly it's economic foundations in the coal and the coal industry. Many paleonthologists and geologists are attracted to Illinois, because this monster, this Tully monster fossil is only found in Illinois. It would be the only state symbol that was indigenous to Illinois, unlike the violet or the cardinal, or the state bird, or the state animal, the white tailed deer. This would be the only state symbol."
"Are there any questions? Representative 62 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day Cullerton."
"Yes, will the Sponsor yield?"
"He indicates he will." May 10, 1989
"Now the Governor vetoed a Bill last year calling for a state wide referendum of elementary students to determine if the Tully monster should be the state fossil. Did the Governor indicate how much he thought that would cost to have the children vote on this?"
"Well, I believe at the time he indicated it was 60,000 dollars."
"Sixteen thousand...
"Sixty..."
"Sixty? Didn't we have an election among the elementary schools for the state fish?"
"Well, we did, Representative Cullerton, but that state fish as you know is found in about 30 or 40 states. It is not symbol that is only found in Illinois such as the Tully monster."
"Well what you're doing here with this Bill then is we're basically disinfranchising all those elementary children who would have normally have an opportunity to vote."
"No, Representative Cullerton. We're not disinfranchising them at all. They do not have a right to vote, they have no Constitutional right to designate state symbols whatsoever. So, we're not disinfranchising anybody."
"Okay, now we...what would the other candidates be for a state fossil, if we were to have an election?"
"The ballot, the ballot that was on the original Bill, sponsored by Representative Satterthwaite only said, 'shall the Tully monster be designated a state fossil?' There were no other candidates and there are no other candidates. 63 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 If there's one thing about the Tully monster that's important and that is that it's a biological orphan. Number 1 it has no known kingdom, fillium, or species. Number 2, it has no known relatives and number, 3, it is only found in the State of Illinois. So, there is really no other candidate."
"Are you saying that there is no other candidates?"
"No, no other candidates have come forward. None have filed in the primary."
"Have you thought about for example, Fred Turk?"
"Well, Representative Cullerton, at this point and time I want you to know that Representative Churchill threatened to file an Amendment naming Adeline Geo Karis as a State fossil. But, at my request he...he withdrew."
"Maybe we better pass it before you change your mind."
"Thank you, Representative Cullerton."
"The question is, 'Shall House Bill 346 pass?' All those in favor vote 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. This Bill having received 105 'aye' votes, 7 'nay', 4 voting 'present'. This Bill having received the required Constitutional Majority is hereby declared passed. The Gentleman from DuPage, the Minority Leader, Representative Daniels in the Chair for an introduction."
"House Resolution 412."
"House Resolution 412, offered by Representative Daniels. Whereas, the Fenton High School District 100 in Bensenville has been an excellent center of learning for students from Bensenville and Wooddale for many years. And Whereas, Fenton High School has contributed to the academic and extracurricular environment of the State of Illinois with outstanding scholars and athletes. And whereas, this 64 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 standard of excellence has been upheld by the Fenton High School Girls Varsity Bowling Team, which has won consistently championships at invitational, sectional and state competition. And whereas, the Varsity Bowling Team won the Sectional Championship title for four years in a row form 1985 to '88. And whereas, the Bowling Team extended its level of outstanding performance to the state level where it won the State Championship in 1985 and 1988. And whereas, this year's team captured second place, in the North Suburban Conference and finished 3rd place in the Palatine Invitation. And Whereas, the Fenton High School Girls Varsity Bowling Team successfully defended it's 1988 State title by winning the State Championship this year. Now, therefore, be it resolved by the House of Representatives of the State of Illinois. That we do hereby congratulate Fenton High School and it's championship Bowling team. And be it further resolved that we wish next years team much luck in it's quest for another state title, and that suitable copies of this Resolution be presented to the coaches, the championship team of Fenton High School."
"Thank you, Ladies and Gentlemen of the House, before you is the 1989 State Championship Bowling Team. Would you join me in congratulating them and welcoming them to the Illinois House of Representatives? This is from a School, Fenton High School, in Bensenville Illinois, that Representative Gene Hoffman taught at for thirty years. And a as he just said he probably taught most of their parents. Now, can you imagine, the handicap that these people had to operate under? However, they over came it and obviously in a pursuit of excellence have set standards for themselves which I'm sure will carry through. As a matter of fact, on my left is Amy Cameron and Amy is going 65 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 to be a student next year at the University of Iowa in Iowa city. Yeah. Okay, let me just tell you they were state champions. Fenton High School has been state champions in bowling in 1985, 1988 and 1989. Sectional champions 85, 86, 87 and 88. Their 1988-1989 record was 11 wins and two losses and they placed 3rd in the Palatine Invitational, 6th place Round Lake Tournament, 2nd place North Suburban Conference and obviously went on to win the state championship. Let me introduce to you the Head Coach Alfred J. Ostrowski, Al will introduce the other coach and then turn it over to the captain of the team. Coach."
"I would like to thank the House Minority Leader, Lee Daniels for this privilege of speaking in front of you and I would like to thank publicly my assistant coach Fred Green and introduce him to you, without this it wouldn't be possible. Now our Captain, Amy Cameron, will introduce the team members."
"Thank you. On my right Amy Arrigoni, we have Sue Christiansen, Stacey Arrigoni, Ann Walle, Chrissy Elgersma, Marta Schweikert, Joelle Charbonneau, Elly Giltner and Christy Andrews. Thank you very much Lee Daniels and I hope you don't get too tired of seeing us down here, because we'll be looking forward to next year. Thank you."
"Third Reading on all Republican Bills."
"For what reason does the Gentleman from Lee, Representative Myron Olson, seek recongnition?"
"Thank you very much, Mr. Speaker. You're doing a wonderful job, I'm happy to report that the Republicans will be going to conference in Room 118, for approximately one hour."
"House will recess for approximately one hour, 1:40, for a Republican Conference, one hour, in Room 118."
"House will come to order. Page 47 of the 66 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 calendar, Third Reading, Short Debate. The last Bill was House Bill 346. We're on House Bill 353, Representative Countryman. Read the Bill, Mr. Clerk."
"House Bill 353, a Bill for an Act to amend certain Acts in relation to Jurors. Third Reading of the Bill."
"Representative Countryman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This amends various Acts dealing in the relationship to jurors, in jury lists and it's excepting Cook county, So it applies to every county except Cook county. It would provide for a combination of the list of Drivers License holders and Registered Voters. This would be done now and in the Amendment under the Bill, by the Administrative Office of the Illinois Courts and return to the Jury commissioners. It also requires counties in populations of over 60,000 to appoint jury commissioners, when such a requirement now only applies to counties over 40,000."
"The Gentlemen moves for passage of House Bill 353 and on that Representative Preston."
"Would the Gentlemen yield for a question?"
"He indicates he will."
"Representative Countryman, if this is a good proposal for all of Illinois other than Cook County, why is it not also good a proposal for Cook County?"
"Well, there was opposition from the County of Cook to it. They indicated to me that their lists are sufficiently large because of the size and population, that they get a diversity and good mix, and that they've extended a great deal of time and effort in a new program called, I believe it's a one day, one trial. And, because they're doing that, that they don't need the diversity that 67 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 we need down state. One of the problems downstate in the smaller counties, is that the people are consistently being called back, because the pools are not large enough to get, to let people take a rest, but from Jury service, and I think as you know in some a downstate counties, its, you know they've had juries that have gone on more than a year and then all of a sudden these people end up in the pool again. In Cook County it's large enough that there is enough diversity that using these lists are apparently okay, I'd be glad to include them if they would withdraw their objections."
"Do you buy that answer from them? I mean, does that make sense to you?"
"I believe that there is a sufficient reason to exempt Cook County, because they have a substantial computer program of their own, and they don't need the assistance of the office, the Administrative Courts. I would like to have them under the Bill, but I would rather have the Bill, than have it without them than to lose the Bill."
"Thank you."
"Further discussion? Being none, the question is, 'Shall this Bill 353 pass?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 102 'ayes', 2 'nos', 5 voting 'present'. House Bill 353 having received the Constitutional Majority is hereby declared passed. House Bill 368, Representative Hasara. Read the Bill, Mr. Clerk."
"House Bill 368, a Bill for an Act to amend an Act in relation to the adoption of persons. Third Reading of the Bill."
"Representative Hasara." 68 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day
May 10, 1989 "Thank you, Mr. Speaker. House Bill 368, provides that the registry that we passed in the law several years ago that's maintained by the Department of Public Health, shall be extended to include not only children who have been adopted, but children who possibly went from foster home to foster home and for no reason of their own, we're ever adopted. Legally these people are called surrender children, so this Act simply opens up the adoption registry to include children who are not legally adopted, but could have been and who are now looking for their parents, or whose parents may be looking for them."
"The Lady moves for the passage of House Bill 368, any one stand in opposition? Representative Piel."
"Thank you, Mr. Speaker, to deviate in the rules a little bit, she did make a closing comment, I would... I ask the chair if I could ask a question on that."
"Proceed. The Lady will yield."
"Representative Hasara you asked, you made a comment that, at your closing of the Bill that would allow adoptees to get more information on locating their parents, their biological parents, is that correct?"
"I, actually I was not closing Representative, I was just explaining the Bill. As you probably know several years ago, we passed a law which created a central registry under the Department of Public Health. Which allows either parents, natural biological parents, or people who have been adopted to simply submit their name into this registry. What this Bill does is simply also include children who were up for adoption, but for some reason no fault of their own, were never legally adopted to also register with the registry. The way the law is written now, if you were a foster child and not adopted, you are not eligible under the registry." 69 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day
"Okay. Thank you, very much."
"Thank you."
May 10, 1989 "The question is, 'Shall House Bill 368 pass?' All in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 114 'ayes', no 'nays', none voting 'present'. House Bill 368 having received the Constitutional Majority is hereby declared passed. House Bill 370, Representative Hasara. Read the Bill, Mr. Clerk."
"House Bill 370, a Bill for an Act in relation to the adoption of persons. Third Reading of the Bill."
"Representative Hasara."
"Thank you, Mr. Speaker. House Bill 370 as amended simply makes it very clear that all adoption records maintained by each Circuit Clerk shall be impounded in accordance with the Illinois Supreme Courts General Administrative Order on record keeping. This Bill is the result of some misunderstanding about the law as it is written, which provided that there had to have been a motion by the court to impound an adoption record. There has been some questions raised. It does nothing to change the current practice. It simply eliminates a possible problem of someone not understanding that adoption records at the current time are impounded. I move for it's passage."
"The Lady moves for passage of House Bill 370. Does anyone stand in opposition? The question is, 'Shall House Bill 370 pass?' All those in favor vote 'aye', opposed vote 'no'. Have all voted. Have all voted who wish? Clerk will take the record. On this Bill there are 113 'ayes', no 'nays', none voting 'present'. House Bill 370 having received the Constitutional Majority is hereby 70 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 declared passed. House Bill 374, Representative Hultgren. Read the Bill, Mr. Clerk."
"House Bill 374, a Bill for an Act to amend the Senior Citizens Real Estate Tax Deferral Act. Third Reading of the Bill."
"Representative Hultgren."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This amends the Senior Citizens Real Estate Tax Deferral Act and provides that real property may still qualify for a Tax Deferral even if the property is temporarily unoccupied by the taxpayer, if that taxpayer is in a licensed nursing care facility, as defined in the Nursing Care Home Act. I would be glad to answer any questions and if there are none, would ask for a favorable Roll Call."
"Heard the Gentlemens Motion, does anyone rise in opposition? Representative Countryman."
"Will the Gentleman yield?"
"He indicates he will."
"Can the home be rented then, or does it just have to remain vacant?"
"No, it provides that the home is unoccupied."
"Thank you."
"The question is, 'Shall House Bill 374 pass?' All in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill there are 113 'ayes', no 'nays', none voting 'present'. House Bill 374 having received the Constitutional Majority is hereby declared passed. House Bill 386, Representative Wennlund. Read the Bill, Mr. Clerk."
"House Bill 386, a Bill for an Act to amend the Park District Code. Third Reading of the Bill." 71 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day
"Representative Wennlund." May 10, 1989
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This merely amends the existing provision of the Park District Code, which describes the maximum authorized indebtedness. The current terms are aggregate indebtedness it inserts one word, and that's the word principle, to make sure that when a Park District computes it's aggregate indebtedness it does not include interest on long term debt. This is the way that everybody's been interpreting it including Chapman and Cutler for many years. However, the concern is, by the Illinois Association of Park Districts who is in favor of this Bill, is that a court may some day overturn that and put every bond issue, from every park district in the State of Illinois in jeopardy."
"The Gentleman moves for passage of House Bill 386. Does anyone stand in opposition? The question is, 'Shall House Bill 386 pass?' All in favor vote 'aye', opposed vote 'no'. Take the record, Mr. Clerk. On this Bill there are lll 'ayes', 1 'no', none voting 'present'. House Bill 386 having received the Constitutional Majority is hereby declared passed. Representative Laurino in the Chair."
"House Bill1 387, Representative Wennlund. Read the Bill, Mr. Clerk."
"House Bill 387, a Bill for an Act in relation to past due personal property taxes. Third Reading of the Bill."
"Mr. Wennlund."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. What this Bill applies only to counties under 400,000, such as Will County, my home county, which is still collecting old levy personal property taxes prior to the 1970 Constitution from people who are now in their 60's 72 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 and 70's and 80's. It waives the interest and penalties. This passed out of Revenue Committee unanimously. It's designed to help Senior Citizens to give them some break. It may be a 200.00 Personal Property Tax Bill from 1968, But, when you start accumulating penalties and interest it could be a devistating burden to Senior Citizens on fixed income."
"The Gentlemen from Cook, Representative Cullerton."
"Yes, Representative Wennlund, you referred to the fact that this is for Senior Citizens. Is there any, is there anything in the Bill that limits it to property owned, property tax, personal property tax that's owed by senior citizens?"
"By it's very nature Representative Cullerton, that would be the affect by the very nature of the way it's drawn. It was felt that there might be Constitutional infirmities, if it referred to age. So the House Revenue Committee, and their staff suggested that the method of doing it was, as the Bill was filed."
"But, personal property tax is not just paid by Senior Citizens. Right?"
"Well, it was, Personal property taxes were done away with by the 1970 Constitution. So, they were no longer levied after 1972. So any tax that was levied in the late 60's which has never been collected."
"Well, it wasn't the 1970's. It was, it went out of existence in '79. So, or '80, or '81, about ten, less than ten years ago. So, what you're saying here is that taxing bodies which are taking some time to go back and collect the tax, maybe they couldn't, for some reason couldn't get jurisdiction or whatever, are now, you know you're, you're putting a basically a Statute of Limitations on it, is that 73 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 right?"
"That's correct. This was respect to interest and penalties alone, Representative Cullerton. The problem is, the only people it's affecting now, are Senior Citizens. Not all counties, Sangamon County does not do it, unfortunately Will County does do it and it puts a horrendous burden on Senior Citizens who twenty years later have no records. They can't...they don't even have their checks from twenty years ago and the accumulation of interest and penalties puts a severe burden on them."
"Well all I can tell you is that the Bill does not limit it to Senior Citizens and the Department of Revenues says that there's some 500 million dollars in personal property taxes uncollected, for the period of '76 to '78. Now a lot of that is in Cook County. You say this Bill doesn't apply to Cook County?"
"That is correct. It does not apply to Cook County only counties of 400,000 or under. That fiscal note from the Department of Revenue was applicable if the Bill had applied to the entire State of Illinois. So, that figure. is not correct Representative."
"Okay, well that figure might be correct for this whole state. Okay, and your Bill is amending the section that's are less than 400,000 inhabitants?"
"That is correct."
"Is that, which counties does that exclude? Does that exclude DuPage."
"Yes. Dupage, Cook...Cook, and Lake are excluded. Most of the downstate counties are no longer..."
"Have you talked to the people in Will County? Are they in favor of this? Are the local officials. Okay, thank you."
"Absolutely. They don't want to, it creates a problem 74 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 for them, a public relations problem for them."
"Is there any opposition to House Bill 387? If not, the question is, 'Shall House Bill 387 pass?' All those in favor vote 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. House Bill 387 receiving 81 'ayes', 19 'nays', and 8 voting 'present'. This Bill having received the required Constitutional Majority is hereby declared passed. House Bill 395, Representative Hensel."
"Thank you, Mr. Speaker, Members of the House."
"Read the Bill, Mr. Clerk."
"House Bill 395, a Bill for an Act to amend the Revenue Act. Third Reading of the Bill."
"Proceed Representative."
"Thank you, Mr. Speaker, Members of the House. House Bill 395 was amended in committee, and as amended, this Bill amends the Revenue Act to provide that the assessed value of a subdivided lot shall be prorated for the remainder of the year after it is sold by the developer. What this does is clarifies the statutes that are already on the books. There are times when assessors would say that they could do it some said they couldn't do it. All this Bill does is clarify it and we have the approval of the Assessors, the Assessors Association and as the Bill is amended we have the Illinois Home Builders Association and Developers in approval also. And, I ask for a favorable vote."
"Is there any opposition to House Bill 395? The question is, 'Shall House Bill 395 pass?' All those in favor vote 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. House Bill 395 receiving 112 'ayes', 0 'nays' and 1 voting 'present'. This Bill having received the required 75 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 Constitutional Majority is hereby declared passed. House Bill 397, Representative Hensel. Read the Bill, Mr. Clerk."
"House Bill 397, a Bill for an Act to amend an Act concerning county stormwater and waste management. Third Reading of the Bill."
"Representative Hensel."
"Thank you, Mr. Speaker, Members of the House. I have turned in a Motion to withdraw Amendment #1 and go with the Bill as it was orginally drafted."
"Then you have to ask for permission to have the Bill brought back to Second Reading. The Gentleman requests that House Bill 395, be moved back to Second Reading. Does he have leave? Leave is granted, Representative Hensel."
"Thank you, Mr. Speaker, Members. I'd like to have a Motion, make a Motion to withdraw Amendment #1, return the Bill to Third Reading and proceed as drafted."
"The Gentlemen moves to table Amendment #1. All those in favor indicate by saying 'aye', those opposed 'no'. The 'ayes' have it. Amendment #1 is tabled. Proceed. Any further Amendments?"
"No further Amendments or Motions."
"Third Reading. Read the Bill, Mr. Clerk."
"House Bill 397, a Bill for an Act concerning county stormwater and waste management. Third Reading of the Bill."
"Representative Hensel."
"Thank you, Mr. Speaker, Members of the House. Having taken Amendment #1 off which was a technical correction which did not make the corrections that we had hoped for, we feel the Bill as presented is in good shape, it amends the County's Act and the County Flood Control Act. It 76 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 requires all preliminary and final recommendations by counties. Stormwater Management Planning Committee and Solid Waste Committee to be reported to the county board as a whole, and not to a committee of the county board. I would just ask for a favorable vote."
"Is there any opposition to House Bill 397? The question is, 'Shall House Bill 397 pass?' All those in favor vote 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. This Bill having received 110 'ayes, 0 'nays', 0 voting 'present'. House Bill 397 having received the required Constitutional Majority is hereby declared passed. Representative Parke what purpose do you seek recognition?"
"Thank you, Mr. Speaker I'm having trouble with my 'yes' button. Could the electrician come over and look at this please."
"Absolutely we'll check that out Representative Parke. House Bill 414, Representative Breslin. Read the Bill, Mr. Clerk."
"House Bill 414, a Bill for an Act to amend an Act creating the Children and Family Services. Third Reading of the Bill."
"Representative Breslin."
"Thank you, Mr. Speaker. I would ask leave to return this Bill to the order of Second Reading for the purposes of an Amendment. Mr. Speaker, Mr. Speaker, I ask leave to return this Bill to the order of Second Reading for the purposes of an Amendment."
"Does the Sponsor have leave? Leave is granted. Proceed Representative Breslin."
"Ladies and Gentlemen, floor Amendment #2 rather 1, is a suggestion of the Department of Children and Family Services. It changes the reference to capable care givers, 77 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 from capable care givers to qualified care givers. The second thing it does is it establishes the low interest loan program, to be administered by the Department of Commerce and Community Affairs, instead of the Department of Children and Family Services. The Department of Commerce and Community Affairs agrees to this, assuming this responsibility and DCFS agrees as well. So I would ask for the adoption of the Amendment."
"The Lady moves for adoption of Amendment #1 to House Bill 414. Is there any discussion? Representative Black."
"Excuse me, Mr. Speaker on inquire of the Chair, is this Amendment #1 or Amendment #2? I've heard it referred to as both."
"Mr. Clerk."
"Floor Amendment #1 is offered by Representative Breslin."
"Thank you."
"All those in favor of Amendment #1 excuse me Representative McCracken."
"Is this...can you tell us what is does? This eliminates the low interest loan program?"
"No sir, I just told you what it did. It changes..."
"I'm sorry, I wasn't listening."
"It changes capable care givers to qualified care givers and it changes the responsibility for the loan program from DCFS to DCCA."
"Okay."
"DCCA agrees and DCFS agrees."
"Does the implication of the change from capable to qualified mean that there will be a formalized standard set to meet these qualifications?"
"The qualifications are already set and DCFS said that 78 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 this reference would be easier for them to administer under current law."
"Okay, Thank you."
"Any other discussion? All those in favor of adopting Amendment #1 to House Bill 414, indicate by saying 'aye', 'nays'. The 'ayes' have it. Amendment #1 is adopted. Any other Amendments?
"No further Amendments."
"Third Reading. Read the Bill, Mr. Clerk. Representative McCracken."
"An Amendment's been adopted. I object to hearing it on Third Reading today."
"Well, it should be moved to Third Reading, we can hold for a...Representative Breslin."
": Mr. Speaker, I was under the impression that DCFS wanted this Amendment and would not object to consideration of the Bill on Third Reading."
"Representative McCracken."
"This has nothing to do with DCFS, an Amendment has been put on. I acknowledge it's technical, but it's a very serious subject and I have a right to ask that it be held for a day since the Amendment has been adopted. There's always tomorrow."
"Fine."
"The Bill will be held on Third Reading in proper due course. House Bill 435, Representative Giorgi. Read the Bill, Mr. Clerk."
"House Bill 435, a Bill for an Act to amend the Civil Administrative Code. Third Reading of the Bill."
"Representative Giorgi."
"Mr. Speaker, this Bill is different than what it says in your Legislative synopsis. This Bill first provided that DCCA should not use State or Federal Funds for the payment 79 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 of employer's training or retraining program. If the employer's reopening of a facility which has been closed less than two years. That has been amended out and now all it provides is that DCCA should assist and encourage employees to re-employ people previously employed at such facility. And DCCA will provide a list of former employees or report the results of the job training coordinating council. I know of objections to this Bill."
"Is there any opposition to House Bill 435? The question is, 'Shall... Representative McCracken."
"Does this have any fiscal impact Representative?"
"Not to my knowledge."
"How do they assist in retraining without spending any money?"
"No, that's been amended out."
"Amendment #1?"
"Yes."
"So this would apply when they got money otherwise available for this purpose?"
"What would happen is that the DCCA insist on giving the same plant that has been closed less than two years, money for retraining or re-employment. All we're suggesting is that DCCA make a list of employees that were formerly employed at that plant available, so they can get preference in employment that's all."
"Okay, Thank you."
"Question is, 'Shall House Bill 435 pass?' All those in favor vote 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. This Bill having received 62 'ayes', 50 'nays', 2 voting 'present,' receiving the required Constitutional Majority is hereby declared passed. House Bill 440, Representative Hallock. 80 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day Read the Bill, Mr. Clerk."
May 10, 1989 "House Bill 440, a Bill for an Act to amend an Act in relationship to juveniles and adults. Third Reading of the Bill."
"Representative Hallock."
"Thank you, Mr. Speaker, Members of the House. House Bill 440, amends Juvenile Court Act and also the Unified Code of Corrections. Provides certain additional conditions the court may impose with regard to certain people on regarding probation and conditional discharge and supervision. It said in essence the court can also say that these people are prohibited from going to certain locations and also having certain contacts within the community. It's a good Bill it passed the Judiciary II Committee, I would ask for your support."
"Representative Dunn for what reason you rise?"
"Sponsor yield for a question?"
"He indicates he will."
"What new conditions will there be on probationers and to what probationers would these conditions apply?"
"The court would have the power to say that these individuals would be not allowed to go to certain places in the community and also to refrain from having certain contacts within the community. The intent of the Bill of course is to give the court further powers to try to deal with our gangs and our drug problems, by prohibiting individuals from having contacts with certain people. We deal with both of those problems, by saying they can't go to certain parts of the community and we also help resolve those issues. You know in this situation the court course has a lot of options. I think it's imperative that we also give the court the option of these types in order make sure we can further combat on at least help combat to of 81 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 our drug problems and our gang problems in our urban areas, like Decatur and Rockford and Chicago and other places like that."
"I don't know about Rockford and Chicago. But I do know about Decatur and we're a clean community and in all regards. My question relates to at least in one respect to the aspect. Well the Bill's been amended, did it take out the part about refraining from entering into a designated geographic area? Or is that still in the Bill?"
"No, the part we took out was the part about the apology."
"Part about what?"
"The apology."
"Oh, oh the apology. The, my analysis indicates that a...that if this becomes law, a judge could say for example, if someone is convicted of shoplifting that they could be prohibited from going into any shopping mall in the territory. Is that your understanding?"
"Not at all. I think the judge would have the power to say that a person could not perhaps hang out, so to speak in a certain part of town. But, you know, this would not at all apply to that situation."
"But it does. It just says geographic area and I think for example, in my community there is one large shopping mall and I certainly don't approve of shoplifting, but if you were to say that someone on probation could not go ever to that mall, that would be a very difficult condition, because on the weekends the youngsters in my area are out there in droves. And most of them behave themselves but and make purchases, but to say you couldn't go to a place like that, would just be a harsh condition that a lot of young people couldn't and wouldn't live up to and wind up in more trouble because of an artificial set of 82 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 circumstances. So I, I'd like to know more about this geographical aspect and unless its geography is geography it doesn't say what, what is within the confines of a geographical area that makes it such that the probationer should be forbidden to go there. It just says geography so I think you could keep certainly keep...could keep them out of a neighborhood and I know what the intent is, but the language needs further refinement."
"I would just say in response to that, as you are aware the court has certain powers now with regard to conditions that can oppose upon supervision and conditional discharge. I think the more we can do to give the courts other powers the better off we are to try to really stop further crime from being committed. I think the courts have to have those options. Clearly the court has another option that is they can actually not give these conditions and send somebody to jail. What were trying to do here is give options so they can infact help curb crime, at the same time hopefully get some of these people to change their styleand avoid crime in the furure."
"I won't prolong, I won't prolong this but our analysis does say that this Bill was suggested by Judge Steigmann, who views the proposal as being broad enough to allow judges to prohibit persons from entering shopping malls while on a conditional sentence, if they're convicted of shoplifting. And I think that is something that we shouldn't rush to judgment about. I think we ought think a little more carefully about that. I urge the Members to withhold their vote on this Legislation if possible at this time until we take another look at this Bill."
"Representative Hallock to close."
"Well Thank you Mr. Speaker, Ladies and Gentlemen of the House. This Bill passed the Judiciary Committee with 83 38th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 unanimous vote. I think in all our urban areas and actually statewide, but especially in our big cities we have tremendous problems with gangs and drugs. Unless we give the courts one more tool to help deal with those problems we're not going to resolve them. Now this Bill isn't a solution nor is it a panacea, but it is a good start it gives the judges one more effective tool to help combat crime. It's a good idea and I would ask for your support."
"The question is, 'Shall House Bill 440 pass?' All those if favor vote 'aye', those opposed vote 'no'. Representative Cowlishaw."
"Mr. Speaker, I would ask when you have taken the roll on this vote that you would please recognize me on a point of personal privilege."
"Certainly. All those in favor...have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. House Bill 440 receiving 104 vote 'ayes', 7 votrs 'nay' and 1 'present'. Having received the required Constitutional Majority is hereby declared passed. Representative Cowlishaw."
"Thank you, Mr. Speaker. I rise on a point of privilege to give my colleagues an opportunity to recognize two excellent public servants who have joined us on the floor today. First, sitting in Representative Churchill's chair is a dear friend of mine, Susan Loving-Gravenhorst, who is a member of the University of Illinois Board of Trustees and with her is Don Grabowski, who is the newest member of the University of Illinois Board of Trustees. I think the Fighting Illini ought to give them around of applause. Thank You."
"House Bill 444, Representative Doederlein. Out of the record. House Bill 447, Representative Weaver. 84 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day Read the Bill, Mr. Clerk."
May 10, 1989 "House Bill 447, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of the Bill."
"Proceed Representative Weaver."
"Thank you very much, Mr. Speaker. House Bill 447, deals with the monster trucks that we find increasing numbers on our highways, and due to the horrible accidents that are caused often by these modifications made on the trucks beyond the manufacturers specifications, we have changed the law to read not only that the bumber height requirements are still adhered to but, that the height of the vehicle be measured from the frame in addition to the bumper. It will effectively bring the height of the vehicle down to normal levels and preclude some of the problems that we've had with shade tree mechanics and some of the modifications made that are well beyond engineering specifications. I'll be more than happy to answer any questions about the Bill."
"Is there any opposition? Question is, 'Shall House Bill 447 pass?' All those in favor vote 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Take the record Mr. Clerk. This Bill having received 114 votes 'aye', 0 'nay' and 0 'present'. Having received the required Constitutional Majority is hereby declared passed. House Bill 460, Representative Read the Bill, Mr. Clerk."
Weaver. Clerk Leone: "House Bill 460, a Bill for an Act to amend the Revenue Act. Third Reading of the Bill."
"Thank you very much, Mr. Speaker. House Bill 460, simply makes a small change in the Revenue Act in the case of a mistake made by an assessor, on someone who is essentially paying property tax on property that they do not own. It would provide a mechanism of refund to that 85 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 property tax payer who made the error in payment, up to a limit of five years. And I'll be happy to answer any questions on the Bill."
"Is there any opposition? If not, the question is, 'Shall House Bill 460, pass?' All those in favor vote 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? House Bill 460, having received 110 'aye' votes, 0 'nay' and 1 voting 'present'. Having received the required Constitutional Majority is hereby declared passed. House Bill 489, Representative Cullerton. Read the Bill, Mr. Clerk."
"House Bill 489, a Bill for an Act to amend an Act concerning charitable exemptions from real estate property taxation. Third Reading of the Bill."
"Representative Cullerton."
"Yes thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill arises from a situation involving a community mental health clinic, and this is the case throughout the state community Mental Health clinics. They receive funding from the Department of Mental Health and Developmental Disabilities. And what the Bill does is to authorize the property tax exemption for property used by a charitable organization when that property is held by another entity organized solely to hold its property. So right now they if they own the property they obtain a tax, they're entitled to a tax exemption. Because it's used for charitable purposes, but many times they in effort to obtain federal and state money they set up a property which is held by another entity and then leases it back to the mental health clinic. And so what this Bill does is to make it clear that tax exemption for the property as long its used by a charitable organization, even though it's held by another will still apply. Appreciate your support, 86 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 10, 1989 38th Legislative Day be happy to answer any question?"
"Representative McCracken."
"I have no objection to the Bill. I just wanted to make it clear that no body should read into this Bill. Any requirement in the case of property leased between different charitable organizations, that this Bill effects that situation in any way. This relates only to a limited case as I understand it, where the title holder is organized exclusively for that purpose, and does not apply to anything else. Is that correct?"
"That's correct."
"Thank you, Thank you."
"Is there any opposition? If not, the question is, 'Shall House Bill 489 pass?' All those in favor vote 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. House Bill 489 having received 113 'aye' votes, 0 'nay' votes, 0 'present,' having received the required Constitutional Majority is hereby declared passed. House Bill 497, Representative Levin. Read the Bill, Mr. Clerk."
"House Bill 497, a Bill for an Act to amend the Public Utilities Act. Third Reading of the Bill."
"Representative Levin."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 497, would amend the Public Utilities Act to provide that winter heating reconnections under deferred payment agreements, begin on November 1st rather than November 15th of the year, and on the other side it moves the ending date from April 15th to April 1st. So that the period of time for deferred payment proposals would remain the same number of days. This is done so that the time period coincides with the period of payments under the Energy Assistance Program. I know of no opposition to 87 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day May 10, 1989 this Legislation. If there are any questions, I'll be happy to answer them."
"Is there any opposition to House Bill 497? If not the question is, 'Shall House Bill 497 pass?' All those in favor vote 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. House Bill 497 having received 115 'aye' votes, 0 'nay', 0 'present'. Having received the required Constitutional Majority is hereby declared passed. Chair recognizes Representative Bowman for an announcement."
"Thank you, Mr. Speaker. When the House adjourns today we will go to Appropriation Committees. Appropriation II, will be delayed by an hour. So we will not convene Appropriations II, until 4:00 o'clock. But we will begin promptly and we will conclude all of the Bills before us today. So I urge all the Members to be there at 4:00 o'clock promptly."
"Representative Weaver."
"Thank you, Mr. Speaker. I'd like to announce to the Republican Members the Appropriation II Committee, that we will have pre meeting starting immediately after adjournment in Room 122B."
"Representative Leverenz."
"Thank you, Mr. Speaker. I just want to remind the Members of the Appropriations Committee that we're going to meet at 3:00, I guess there's a little pre meeting in there maybe for 5 minutes prior. But today is the day were going to vote. And we need the attendance of the Members, appreciate that. Thank you."
"Agreed Resolutions, Representative Matijevich. Danrea...stand at a ease for a minute. Agreed Resolutions." 88 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day
Clerk O'Brien: "House May 10, 1989 offered Joint Resolution 43, by Representative Ewing. House Resolution 426, Black. 427, Balanoff. 429, Morrow. 430, Ropp. 431, Leverenz and 432, Keane,"
"Representative Matijevich."
"Yes, Mr. Speaker, I first want to congratulate you, you've done real well on your maiden voyage. We all appreciate that. The both sides of the aisle have looked at the Resolutions, examined them and they are agreed. We move the adoption of the Agreed Resolutions."
"You heard the Gentlemen's Motion. All those in favor say 'aye', opposed 'no'. The 'ayes' have it, the Resolutions are adopted. Further Resolutions? Death Resolution."
"House Resolution 433, offered by Representative Black, with the respect to the memory of George A. Stevenson."
"Representative Matijevich. Gentlemen from... Representative Matijevich moves that the Resolution be adopted. All those in favor indicate by saying 'aye', 'nay'. The 'ayes' have it, the Resolution is adopted. Further Resolutions? Representative Matijevich moves now that the House stand adjourn until 12:00 o'clock tomorrow. All those in favor indicate by saying in 'aye', opposed 'nay'. The 'ayes' have it, Resolution is adopted. The House is now adjourned." 89 REPORT: TIFLDAY 15:59 STATE OF ILLINOIS 86TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 10, 1989 PAGE 1 05/02/90 HB-0041 THIRD READING PAGE 45 HB-0110 THIRD READING PAGE 47 HB-0115 THIRD READING PAGE 49 HB-0115 OUT OF RECORD PAGE 49 HB-0126 THIRD READING PAGE 49 HB-0154 SECOND READING PAGE 14 HB-0273 THIRD READING PAGE 50 HB-0274 THIRD READING PAGE 50 HB-0274 OUT OF RECORD PAGE 52 HB-0321 THIRD READING PAGE 52 HB-0326 THIRD READING PAGE 56 HB-0346 THIRD READING PAGE 62 HB-0353 THIRD READING PAGE 66 HB-0368 THIRD READING PAGE 68 HB-0370 THIRD READING PAGE 70 HB-0374 THIRD READING PAGE 71 HB-0386 THIRD READING PAGE 71 HB-0387 THIRD READING PAGE 72 HB-0395 SECOND READING PAGE 76 HB-0395 THIRD READING PAGE 75 HB-0397 THIRD READING PAGE 76 HB-0414 THIRD READING PAGE 77 HB-0435 THIRD READING PAGE 79 HB-0440 THIRD READING PAGE 81 HB-0447 THIRD READING PAGE 85 HB-0460 THIRD READING PAGE 85 HB-0489 THIRD READING PAGE 86 HB-0497 THIRD READING PAGE 87 HB-0507 SECOND READING PAGE 3 HB-0580 SECOND READING PAGE 4 HB-0580 SECOND READING PAGE 4 HB-0580 OUT OF RECORD PAGE 4 HB-0642 SECOND READING PAGE 4 HB-0642 SECOND READING PAGE 7 HB-0642 OUT OF RECORD PAGE 4 HB-0702 SECOND READING PAGE 4 HB-0702 HELD ON SECOND PAGE 6 HB-0702 OUT OF RECORD PAGE 5 HB-0753 SECOND READING PAGE 5 HB-0753 OUT OF RECORD PAGE 6 HB-0854 OUT OF RECORD PAGE 7 HB-0870 SECOND READING PAGE 7 HB-0901 SECOND READING PAGE 9 HB-1032 SECOND READING PAGE 10 HB-1075 SECOND READING PAGE 43 HB-1108 OUT OF RECORD PAGE 11 HB-1110 SECOND READING PAGE 11 HB-1111 SECOND READING PAGE 42 HB-1153 SECOND READING PAGE 11 HB-1164 SECOND READING PAGE 11 HB-1198 SECOND READING PAGE 12 HB-1251 SECOND READING PAGE 12 HB-1252 SECOND READING PAGE 12 HB-1305 SECOND READING PAGE 13 HB-1342 SECOND READING PAGE 45 HB-1389 SECOND READING PAGE 13 HB-1416 SECOND READING PAGE 13 HB-1431 SECOND READING PAGE 45 HB-1505 SECOND READING PAGE 13 HB-1530 SECOND READING PAGE 14 H8-1553 SECOND READING PAGE 15 HB-1635 SECOND READING PAGE 45 HB-1667 SECOND READING PAGE 15 HB-1674 SECOND READING PAGE 15 REPORT: TIFLDAY 15:59 STATE OF ILLINOIS 86TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 10, 1989 PAGE 2 05/02/90 HB-1690 SECOND READING PAGE 18 HB-1699 SECOND READING PAGE 15 HB-1754 SECOND READING PAGE 18 HB-1757 SECOND READING PAGE 18 HB-1764 SECOND READING PAGE 19 HB-1777 SECOND READING PAGE 19 HB-1778 SECOND READING PAGE 19 HB-1789 SECOND READING PAGE 21 HB-1831 SECOND READING PAGE 19 HB-1842 SECOND READING PAGE 21 HB-1865 SECOND READING PAGE 21 HB-1875 SECOND READING PAGE 21 HB-1877 SECOND READING PAGE 24 HB-1878 SECOND READING PAGE 31 HB-1881 SECOND READING PAGE 32 HB-1885 SECOND READING PAGE 33 HB-1888 SECOND READING PAGE 33 HB-1897 SECOND READING PAGE 34 HB-1904 SECOND READING PAGE 34 HB-1958 SECOND READING PAGE 34 HB-1966 SECOND READING PAGE 35 HB-1978 SECOND READING PAGE 35 HB-1995 SECOND READING PAGE 35 HB-1999 SECOND READING PAGE 35 HB-2003 SECOND READING PAGE 36 H8-2004 SECOND READING PAGE 36 HB-2014 SECOND READING PAGE 36 HB-2029 SECOND READING PAGE 36 HB-2032 OUT OF RECORD PAGE 37 HB-2035 SECOND READING PAGE 37 HB-2042 SECOND READING PAGE 37 HB-2045 SECOND READING PAGE 38 HB-2052 SECOND READING PAGE 38 HB-2053 SECOND READING PAGE 38 HB-2059 SECOND READING PAGE 39 HB-2073 SECOND READING PAGE 39 HB-2076 SECOND READING PAGE 39 HB-2081 SECOND READING PAGE 39 HB-2098 SECOND READING PAGE 40 HB-2108 SECOND READING PAGE 40 HB-2114 SECOND READING PAGE 41 HB-2123 SECOND READING PAGE 42 HB-2125 SECOND READING PAGE 41 HB-2139 SECOND READING PAGE 41 HB-2140 SECOND READING PAGE 44 HB-2195 SECOND READING PAGE 42 SUBJECT MATTER HOUSE TO ORDER REPRESENTATIVE MCPIKE PAGE 1 PRAYER FATHER O'HARA PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 1 REPRESENTATIVE GIGLIO IN THE CHAIR PAGE 1 CONSENT CALENDAR PAGE 1 REPRESENTATIVE KEANE IN THE CHAIR PAGE 23 REPRESENTATIVE LAURINO IN THE CHAIR PAGE 52 RECESS PAGE 66 REPRESENTATIVE MCPIKE IN THE CHAIR PAGE 66 REPRESENTATIVE LAURINO IN THE CHAIR PAGE 72 INTRODUCTION U OF I BOARD OF TRUSTEES PAGE 84 AGREE RESOLUTIONS PAGE 88 DEATH RESOLUTION PAGE 89 ADJOURNMENT PAGE 89