"The hour of twelve o'clock having arrived, the house will come to order...eleven o'clock having arrived. You're right, it's after eleven o'clock. Members, we'd ask you to come to order. The chaplain for today is Doctor Reverend Jaun Morrison from the Emmanuel Temple Church of God in Christ in Springfield. Reverend Morrison is a guest of Representative Curran. We invite our guests in the gallery to rise and join us for the invocation."
"Oh, Lord, our Lord, how excellent is Thy name, who has set Thy glory above the Heavens. We thank You for Your loving kindness and Your tender mercies. We praise You for Your marvelous works. Preserve us, we put our trust and confidence in You. Direct our paths as we acknowledge You. As we seek to know the truth, give us to know that You are the source of all truth and Your word is true. We pray for mankind everywhere, governments, heads of state. Give us peace, eternal peace and peace among men. Supply our needs according to Your riches in Heaven. We thank You for this Body of Legislators. Bless them with knowledge, wisdom and understanding. Guide the thoughts and be present in every decision. We ask these favors and give these thanks in Your holy name. Amen."
"Thank you, Doctor. Representative Frederick, would you lead us in the Pledge please."
"I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Representative Matijevich, do we have any excused absences on the Democratic side?"
"There are none, Madam Speaker." 1 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day Speaker Breslin: side?" November 1, 1989 "Representative Piel, how about the Republican
"Yes, Madam Speaker. Would the record show that Representative Kubik is excused today."
"Thank you. Mr. Clerk, take the record. One hundred and sixteen people answering the Roll Call, a quorum is present. ... Reports."
"The Committee on Rules has met and pursuant to Rule 29(c)3 the following Bills have been ruled exempt on October 31, 1989: House Bills 2079 and 2798. Signed, John Matijevich, Chairman."
"Supplemental Calendar Announcement." "Supplemental Calendar #1 is being distributed."
"Ladies and Gentlemen, we are prepared to go to the Order of Amendatory Veto Motions, Gubernatorial Compliance on page six. The Sponsors are Keane, Hannig, Flowers and Lang. We'd ask those Members to come to the floor and be prepared to present their Motions, please. If Members are ready, is Representative Keane in the chamber? Jim Keane. If Representative Keane would come to the floor that would be appreciated. We'll begin, Ladies and Gentlemen, Amendatory Veto Motions, Gubernatorial Compliance. Senate Bill 237 is out of the record. Senate Bill 389, Representative Hannig."
"Okay, thank you, Madam Speaker, Members of the House. This is a rewrite of the Illinois Professional Land Surveyor's Act of 1989, and during the process of negotiation that went on in the House and the Senate, an agreed Bill was reached that was passed by both Bodies. And the Governor in his Amendatory Veto really didn't make any significant changes. He...he corrected a few little spelling errors and things of that nature, polished up the Bill. In effect, the Bill as we passed it stand...it's an 2 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 agreed Bill. These changes are not significant and I would ask that we adopt them and accept the Governor's Amendatory Veto."
"The Gentleman has moved to accept the Amendatory Veto of Senate Bill 389. And on that question, is there any discussion? There being no discussion, the question is, 'Shall Senate Bill 389 pass...the question restated is, 'Shall the House accept the specific recommendations for change with respect to Senate Bill 389?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 106 voting 'aye', none voting 'no' and none voting 'present'. This Motion has received the required Constitutional Majority, so the Motion is adopted and the House accepts the Governor's specific recommendations for change. Senate Bill 588, Representative Keane, out of the record. Senate Bill 692, out of the record. Senate Bill 707, Representative Flowers. This is an Amend...the acceptance of an Amendatory Veto."
"Mr Speaker, Lad... Madam Speaker, Ladies and Gentlemen of the House, I will accept the Governor's Veto of Senate Bill 707."
"Representative Flowers, can you give us a little bit more information about the Amendatory Veto message."
"Madam Speaker, Senate Bill 707 had required the hospital to report in regards to the health care cost containment, in regards to Caesarean section. And what the Veto does in cooperation with the State Department of Public Aid, the Insurance and the Public Health Department, to establish a system for collecting the various 3 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day information November 1, 1989 from the hospitals. And I'm in agreement with the Governor's Veto."
"The Lady has moved to accept the Governor's specific recommendations for change on Senate Bill 707. Is there any discussion? Hearing...the Gentleman from DuPage, Representative McCracken."
"Thank you. The acceptance, how does it change the Bill? Is it a...I've got the message here. What is the... what is the gist of the change? Could you tell us?" Flowers:
"Basically..." "Alright, I..."
"It has the...it has the cost containment council to prepare the reports as opposed to the hospital, because of the amount of expenditures it would cost each hospital."
"Okay, thank you."
"The question is, 'Shall the House accept the specific recommendations for change with respect to Senate Bill 707?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Sixty votes are required for the acceptance of this Motion. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 113 voting 'aye'. So this Motion has received the required Constitutional Majority, and the Motion is adopted and the House accepts the Governor's specific recommendations for change. Senate Bill 746, Representative Lang. Lou Lang. Out of the record. Representative Parke, for what reason do you seek recognition?"
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I happen to have some speeches for the Veterans' Day, so if anybody's interested in having a Veterans' Day speech made up from the American Legion, I'll be happy to distribute them to you. So, I'll be coming around." 4 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 75th Legislative Day
"Very good. Ladies and Gentlemen, the Chair is prepared to go to page five on the Calendar under the Order of Amendatory Vetoes, Gubernatorial Compliance. While the Motions are not on file on the Calendar, they have been filed with the Clerk and with agreement of both sides of the aisle, we will go to that Order if Members wish to call their Motions. So look down that Calendar. It's on page five and if you have a Bill there, please be prepared to indicate to the Chair whether or not you wish to proceed. Okay, the first Sponsors are McNamara, Keane, Williams, Hannig, Flowers, Saltsman, Sutker, Lang, et cetera. This is page five of the Calendar under Amendatory Vetoes, Gubernatorial Compliance. The first Bill is Senate Bill 176, Representative McNamara."
"Thank you, Madam Speaker. I move to accept the Amendatory Veto on Senate Bill 176, which is a flag Bill; in which the Governor improved by taking out some of the language regarding to freedom of speech, et cetera. I believe it's an improvement to the Bill. We move to accept the Amendatory Veto."
"The Gentleman has moved to accept the Governor's specific recommendations for change with respect to Senate Bill 176. On the question, is there any discussion? Hearing none, the question is, 'Shall the House accept the specific recommendations for change with respect to Senate Bill 176?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. 71 votes are required. You should note that the printout on the board is incorrect, Ladies and Gentlemen. This Bill deals with improper use of the flag. Okay, so this is Senate Bill 176, Representative McNamara's Bill on improper use of the flag. He's moving to accept the Governor's Amendatory Veto. 71 votes are required. Have all voted who wish? 5 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 The Gentleman from Cook, Representative Preston."
"Madam Speaker, could the...the Sponsor of this Motion just indicate what the Bill did and what the Governor's Amendatory Veto does?"
"Surely. Representative McNamara, because the board incorrectly stated this Bill, there is some confusion about what the Bill does. Would you restate what the Governor...what the Governor's changes were to this Bill?"
"Okay. I will restate what I stated before when the people were listening, the other people, the hundred and eleven who were listening. I'll be happy to. What the Governor did in this Bill, is he took out the language that speaks to desecration of the...of the flag by word. And he took out language in that regard out of the Bill, which I believe was absolutely correct, because in a court of law you can't deem it and according to the Supreme Court that was the offensive language when it went to the Supreme Court before."
"And...and what does the Bill now prohibit as amended by the Governor?"
"Precisely the same things as far as even including laying the flag on the floor. It prohibits the...the burning, the laying the flag on the floor. Those types of things. Physical types of desecration."
"Thank you."
"Is there any further discussion? All...Have all voted who wish? The Clerk will take...excuse me, Representative Johnson."
"Is this..."
"This is the acceptance of the Governor's Amendatory Veto on the flag burning Bill."
"...I know, I know. ... I know. I just want to ask the Sponsor something when he's done talking here." 6 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989
"Representative McNamara, would you listen to Representative Johnson."
"I...I...I..."
"... I'll try..."
"What...what is this do to the...this creates criminal penalties and if so, does it enhance them or what does it do? I didn't understand the explanation."
"It has nothing...it does not create new penalties nor does it enhance it. What it did was, the original Bill as it was written, added to the language to the Section which said that laying the flag on the floor was also a form of desecration. What the Governor did in order to improve the Bill and I agree with him in this case, was he took out the Section that had by word or action. In other words, the words by saying, 'that damn flag', you could have been guilty. He took that out of it. And I think he improved the Bill."
"Representative Williams...one minute to explain your vote."
"Yes...Well, I just wanted to make sure, because I have looked up and saw this thing flying out of here. I want everyone to please understand this is the flag burning Amendment. For those of you who believe in the constitution, for those of you who honestly believe that this is worth more than...than...than speech, be sure that you vote right. The right vote on this, for people who believe in the constitution is 'no'. Believing in it always and not sometimes. Sometimes belief in the constitution which says, free speech means nothing when we talk about this flag. So please, if you believe in the constitution, vote 'no'."
"Representative Stephens, one minute to explain your vote." 7 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989
"Well, the previous speaker, nothing could be further from the truth. This totally appropriate Bill grants as many...as many protections and rights to the flag as we grant to the American bald eagle, and it's appropriate to have a 'green' vote. Everything else is absolutely ridiculous vote."
"Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 98 voting 'aye', 8 voting 'no', 8 voting 'present'. This Motion has received the required Three-Fifths Majority, and the Motion to...and so the Motion is adopted and the House accepts the Governor's specific recommendations for change. Senate Bill 237, Representative Keane. Jim Keane. Out of the record. Senate Bill 335, Representative Williams. Paul Williams."
"I move to accept the Governor's Veto in House Bill (sic - Senate Bill) 335. I'm looking for the Bill right now."
"While Representative Williams is looking for his Bill, I would remind other Members to go down this Order and not...and be prepared to present your Bills. The next Bill that will be called will be Representative Hannig's Bill, and then Representative Keane's Bills, then Representative Flowers has a Bill, then Representative Saltsman, Sutker, Lang, Representative Hicks, Mr. Capparelli, Representative White and Representative Trotter. Now that's given Representative Williams enough time to find his Bill. Representative Williams..."
"...Okay. I found the Bill... What the Amendatory Veto does is it states that the State Board of Elections shall adopt...shall develop procedures for determining and certifying that all school districts in this state maintain in any grades of nine through twelve, offering courses 8 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 required to permit students who enter ninth grade during the 1989-90 school year and who take the courses made available to them at appropriate time by the school district in which they are enrolled students during that... succeeding three years to satisfy the statewide minimum admission requirements for entry into college. That's..."
"The Gentleman has moved to accept the Governor's Amendments to Senate Bill 335. On that question, is there any discussion? Hearing none, the question is, 'Shall the House accept the specific recommendations for change with respect to Senate Bill 335?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. 71 votes are required to accept these Amendments. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 110 voting 'aye'. So the Motion has received the required Constitutional Majority, and the Motion is adopted and the House accepts the Governor's specific recommendations for change. Senate Bill 389, Representative Hannig. Oh, we just passed it. Thank you very much. Senate Bill 588, Representative Keane, out of the record. Senate Bill 692, out of the record. Senate Bill 707, we just passed it also. Senate Bill 729, Representative Saltsman."
"Thank you, Madam Speaker. I move to concur with the Senate to accept the Amendatory Veto. And what the Governor did was with the probationary period for firefighters to be one year at the lowest rank. In this case, paramedics, which is a very stringent training program, before they can be accepted in many cases, they can't always get this period over with in one year and therefore, I think it's a very good Amendatory Veto. And I ask that the Membership accept it." 9 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989
"The Gentleman has moved to accept the Governor's Amendments on Senate Bill 729. On this question, is there any discussion? Hearing none, the question is...Representative McCracken."
"Thank you. Will the Sponsor yield?"
"He will."
"Is the Municipal League still opposed to this Bill with the Amendment, do you know?"
"They haven't approached me on this Bill from day one, Representative McCracken. I don't know where they stand on this."
"How about the Fire Protection Districts Association?"
"They haven't approached me on it either."
"The Association of Fire Chiefs?"
"They haven't approached me on it either. They must not care."
"Were they opposed to the Bill the first time around?"
"They didn't show me any opposition in committee or anything."
"Okay. Well, I think they were opposed the first time around, and I rise...I rise in opposition to the acceptance Motion. And I don't rise because I disagree with the Governor's proposal for making a bad Bill a little better, but it's still a bad Bill. I rise in opposition."
"Any further discussion? Representative Saltsman to close."
"Well, within this legislation, it was a good Bill to start with. because if a person cannot complete his probationary time in one year as a firefighter, he should be fired. They shouldn't string these probationary periods out for two, three, four and five years just to stop from having a twenty-five man force, so they can't be unionized. This Bill here is just...if anyone is opposed to it, 10 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 they're opposed to people having a right to collectively bargain. That's what the main concept of this program is. And in most cases, the probationary period setup is only six months. So they compromised at a year instead of going with the three, four year or anything, just to say that this man is not a full-fledged firefighter. This is a good piece of legislation. It's a fair piece of legislation. It's doesn't hurt anyone. Its just puts the whole state on an even kilter. This Bill should receive every vote in the General Assembly. Thank you."
"The Gentleman has already closed on the issue, but you'll be recognized to explain your vote if you like. The question is, 'Shall the House accept the specific recommendations for change with respect to Senate Bill 729?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Representative Klemm, one minute to...okay. Representative Harris, for what reason do you rise? To explain your vote?"
"Yes."
"One minute to explain your vote."
"Thank you, Madam Speaker. Ladies and Gentlemen of the House, I'd simply like to call this Bill to your attention if you represent a home rule community. This Bill preempts home rule. I understand the Gentleman's logic in presenting the Bill, but it preempts home rule. It takes the power away from those locally elected authorities, except in one instance. That one instance, can you believe it, is Chicago. Once again, we are legislating for the entire state except for Chicago. That's unfair in and of itself. Secondly, it's wrong to take the power away from the locally elected authorities. This Bill preempts home rule. The right vote on this Amendatory Veto Motion is a 'no' vote." 11 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day Speaker Breslin: your vote." November 1, 1989 "Representative Terzich, one minute to explain
"Yes, as a brief explanation of that, being a Chicago firefighter and being that Chicago is exempt from this, I'd like to remind the Memb..."
"Proceed, Representative Terzich."
"That the probationary period with the Chicago Fire Department is one year. So they already have it. It...it's a one year probationary period. Fortunately, I passed a one year period, so I am in."
"Okay. Sixty votes are required for the acceptance of this Motion. Representative McCracken, one minute to...oh, you can't explain your vote..."
"...No, no...I know, I just have a question. Now, are you calling this a concurrent exercise of home rule authority with the state, is that why it's a 60 vote Bill? What about the effective date issue? It seems to me, this should require 71 votes. It says in the Bill itself that it is an exclusive power and function of the state, which causes them to preempt and is a denial and limitation of home rule powers. It should be 71 votes."
"Well...we have to bring the Bill down again. They were already checked once and it was on the list for 60 votes, but we'll bring the Bill down again..."
"...Okay..."
"...And look at it. It's coming down..."
"...Alright."
"...Representative McCracken's question, this Bill was originally a 60 vote preemption Bill and the Governor's Amendment has not changed that. Was a subsection (h) preemption and that requires only 60 votes under the constitution. So that 60 votes remains a requirement. Representative McCracken." 12 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 75th Legislative Day
"Yes, I think all Rule 42 says, is that when a particular subsection preempts, it has to have language which would require the extraordinary majority, which is...which is our case. There's no magic just because of the particular subsection that is...that is at issue. What...what is at issue, is a requirement in the Bill that it specifically limit home rule, and that it explain how it is a limitation on home rule. It's not a question of concurrent authority. It's not a question of municipalities not being allowed anything less restrictive. It is in fact a complete preemption. It...it...it is described in the Bill as an exclusive function of the state. It is described as a limitation. And for that reason, the mere fact of the subsection at issue, does not determine the 60 or 71 vote requirement. In fact, the requirement is dictated by the language I've referred to. It's always been a 71 vote Bill."
"Representative McCracken, the Chair and the Parliamentarian disagree with your assessment of home rule powers here. The...the constitution requires that the law provide which subsection be used that preempts home rule units, certain powers. That has been done in this Bill. It was subsection (h). That rule provides for 60 votes and that was the...the ruling earlier in the Spring and will be the ruling today. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 69 voting 'aye', 45 voting 'no', 2 voting 'present'. This Motion has received the required Constitutional Majority, so the Motion is adopted and the House accepts the Governor's specific recommendations for change. Senate Bill 742, Representative Sutker."
"Thank you, Madam Speaker. Senate Bill 742, which is not yet on the board...oh, it is on the board. I move at this 13 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 time to accept the Governor's Amendatory Veto. What he did was add provisions to the Bill, which I think enhance the Bill, clarify the Bill and makes it more flexible. His additional language referred to reserve accounts held by management companies on behalf of condominium associations. And provides that for investment purposes that those accounts may be commingled, but only for investment purposes. He additionally provides language that will make certain that the management companies must make sure that their books separate the accounts even when there's commingling for investment purposes. Additionally, the Governor provided that condominium accounts may not be attached by creditors of management companies. I think both of those provisions are important provisions. They're acceptable to me and I think they enhance the Bill. I urge an acceptance of the Amendatory Veto."
"The Gentleman has moved to accept the Governor's Amendatory Veto of Senate Bill 742. And on that question, is there any discussion? There being none, the question is, 'Shall the House accept the Governor's specific recommendations for change with respect to Senate Bill 742?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Representative McCracken, for what reason do you seek recognition?"
"While there's a lull in the action, I want to introduce some Maine East High School students, with the Social Sciences Department Chairman, Al Rolla, in the visitors gallery. Welcome."
"Mr. Clerk, take the record. On this question there are 112 voting 'aye', none voting 'no', 1 voting 'present'. This Motion has received the required Constitutional Majority, so the Motion is adopted and the House accepts the Governor's specific recommendations for 14 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 change. Now we would like to recognize Representative Hultgren for a special introduction. Representative Hultgren in the Chair."
"Thank you. Ladies and Gentlemen of the House, this may seem like deja vu because in fact, the group that you see behind you has been here before. This is the 1989 Class A Illinois Golf Champion high school team, but they've been here before in Springfield, because they are state champions now for the fifth consecutive year. In honor of their 1989 championship indeed in honor of their half decade of championships, I would like to call upon the Clerk to read a Resolution."
"House Resolution 1050, offered by Representative Hultgren. WHEREAS, It has come to the attention of this body that the Monmouth High School golf team has captured their fifth consecutive Class A State Golf Tournament; and WHEREAS, Led and inspired by Coach Bill Pieper, the 1989 Monmouth Zipper golf team consists of: State medalist Randy Briggs, Erik Pieper, Aaron Pieper, Cardie Carnes, Mike VanKirk, and Scott Pieper; and WHEREAS, The Zippers beat Princeton by 33 strokes in the Monmouth Sectional at Gibson Woods, and six of the team members qualified for the State Tournament; and WHEREAS, During the State tournament, the Monmouth golf team beat Bishop McNamara of Kankakee 640-641, and University High in Normal took third at 653; and WHEREAS, The numerous achievements of the Monmouth High School golf team confirm our belief that hard work and dedication are effective when you set goals and strive to achieve them; 15 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day therefore, be it November 1, 1989 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Monmouth High School golf team on winning their fifth consecutive Class A State Golf Tournament; that we commend the members of the team for their hard work and dedication; and that we extend our best wishes to them for continued health and happiness in the future; and be it further RESOLVED, That a suitable copy of this preamble and resolution be presented to the Monmouth High School golf team and Coach Pieper."
"Thank you, Mr. Clerk. Just prior to voting on the Resolution, I would like to call upon the coach of the State Championship Zippers to introduce the team. Coach Bill Pieper."
"Thank you very much, Representative Hultgren and Members of the House. It gives me a great deal of pleasure to start at my left, the Class A State Medalist for 1989, Senior Randy Briggs; to his right and preceding to my right, my son, junior member, Erik Pieper; my son, freshman member, Aaron Pieper; junior member, Mike VanKirk; my son, senior member, Scott Pieper; and senior member captain, Cardie Carnes."
"Thank you, Coach Pieper. I'd like to call now a vote on the... on the Resolution as read by the Clerk. All in favor signify by saying 'aye', opposed. Motion carries. Thank you very much, Members of the House."
"Back on the Order of Amendatory Vetoes, Gubernatorial Compliance on page five on the Calendar, appears Senate Bill 746, Representative Lang."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I move to accept the Governor's Amendatory Veto to 16 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 Senate Bill 746. The Bill deals with the Voluntary Payroll Deductions Act and indicates certain requirements. The changes made by the Governor were strictly grammatical and technical and I ask for your 'green' votes."
"The Gentleman has moved to accept the Governor's Amendments to Senate Bill 746. On the question, is there any discussion? There being none, the question is, 'Shall the House accept the specific recommendations for change with respect to Senate Bill 746?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Sixty votes are required for the acceptance of this Motion. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 113 voting 'aye'. So this Motion has received the required Constitutional Majority, the Motion is adopted and the House accepts the Governor's specific recommendations for change. Senate Bill 976, Representative Hicks. Proceed, Sir."
"Thank you very much, Madam Speaker. I would move to accept the Governor's Amendatory Veto on Senate Bill 976. This Bill deals with testing of school children in the years 1991 and '92. Passed the House 116 to nothing. The Governor's changes simply strengthens the Bill dealing with the testing requirements on those kids. Be happy to answer any questions."
"The Gentleman has moved to accept the Governor's Amendments to Senate Bill 976. On that question, is there any discussion? There being none, the question is, 'Shall the House accept the specific recommendations for change with respect to Senate Bill 976?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. 71 votes are required for the adoption of this Motion. Have all voted who wish? Have 17 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 all voted who wish? The Clerk will take the record. On this question there are 114 voting 'aye'. So this Motion has received the required Constitutional Majority, the Motion is adopted and the House accepts the Governor's specific recommendations for change. Senate Bill 984, Representative Capparelli."
"I move to accept the Amendatory Veto. He created an Act for Asbestos Abatement Act, and the Governor in doing so, avoids a potential conflicting regulation. He proposed that the language in Section 3 be modified to clarify the abatements projects undertaken by schools, will be governed by a hair in the Asbestos Abatement Act. I move to accept the Amendatory Veto."
"The Gentleman has moved to accept the Governor's Amendments on Senate Bill 984. On that question, is there any discussion? Any discussion? There being none, the question is, 'Shall the House accept the specific recommendations for change with respect to Senate Bill 984?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. 71 votes are required for the adoption of this Motion. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 114 voting 'aye'. This Motion has received the required Constitutional Majority, so the Motion is adopted and the House accepts the Governor's specific recommendations for change. Senate Bill 1050, Representative White."
"Mr (sic Madam). Speaker, Ladies and Gentlemen of the House, I move to accept the Governor's Amendatory Veto on Senate Bill 1050. I would authorize the Department of Children and Family Services to establish child...child care expansion program. Will provide a one-time grant of ten thousand dollars. The Governor's change, which I'm 18 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 accepting, will leave...eliminate the ten dollar cap and leave it, and make it from one dollar to an unlimited amount for this meaningful program. I move for its adoption."
"The Gentleman has moved to accept the Governor's specific recommendations for change on Senate Bill 1050. And on that question, is there any discussion? There being no discussion, the question is, 'Shall the House accept the specific recommendations for change with respect to Senate Bill 1050?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Representative McCracken, to explain your vote."
"Yes...I'm sorry. I was...I would just ask the Sponsor. Have you ironed out whatever difficulties were referred to? Does this represent a consensus view now?"
"...Could you...could you re...Madam Speaker, could the...could he repeat his question?"
"Does this Bill as amended now, represent a consensus on the subject? I know there was some controversy in the original Bill."
"Again, I could not hear the question."
"The question is, have you worked out the controversial provisions that...that originally surrounded the Bill? Has there been an agreement with regard to the Bill?"
"I'm accepting the Governor's Amendatory Veto, and with that I think I have resolved all of the questions that he may have and the controversy, I think, has been resolved."
"Okay."
"Okay? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 112 voting 'aye'. So this Motion has received the required Constitutional Majority, the Motion 19 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 is adopted and the House accepts the Governor's specific recommendations for change. The Chair would like to recognize that the Vice-Chair of the Illinois Democratic Party is in...is with us today. Iola McGowan. Welcome, Rep...Senate Bill 1305, Representative Trotter."
"Good morning, Madam Chairman."
"Good morning."
"Madam Speaker. I always get that wrong. Right, there you go. Yes, Senate Bill 1305, if we recall, sailed out of the House with a vote, partisan vote...to check...a tax refund checkoff. Okay, and it will be called a community health center care fund. And I ask that we accept it."
"The Gentleman has moved to accept the Governor's specific recommendations for change on Senate Bill 1305. On that question, is there any discussion? Any discussion? There being none, the question is, 'Shall the House accept the specific recommendations for change with respect to Senate Bill 1305?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. 71 votes are required for the acceptance of this Motion. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 110 voting 'aye'. So this Motion has received the required Constitutional Majority, the Motion is adopted and the House accepts the Governor's specific recommendations for change. Ladies and Gentlemen, we have covered a lot of business already. We are waiting to do others and in...an effort to get that paperwork done and to conserve your time, this House is going to stand in recess until the hour of 2:00 o'clock. So that you can have lunch, be back at 2:00 o'clock and be prepared to work. So the House is in recess until 2:00 o'clock for lunch. Excuse me, Representative White, what Bill do you have on this Order? 20 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 Representative White is recognized."
"Mr. (sic Madam) Speaker and Ladies and Gentlemen of the House, I move to acc..."
"...Wait a minute. Tell me the Bill and where is it?"
"1413. Page six..."
"...I'm sorry. I did not turn the page to page six. Ladies and Gentlemen, let's do Representative White's Bill first and then we'll adjourn for lunch, okay? This is page six of your Calendar at the top of the page under Amendatory Vetoes, Gubernatorial Compliance, Senate Bill 1413. Representative White is recognized."
"Madam Speaker, Ladies and Gentlemen of the House, this is a simple piece of legislation. This Bill would make it mandatory for a medicaid recipient who is pregnant to be referred to a hospital or a medicaid provider for treatment. And the Governor's Amendatory Veto made it mandatory for...well, they...they...he primarily wanted to make sure that we did not expand the program and he wanted to limit it just to medicaid recipients only. So I move to accept the Governor's Amendatory Veto on this piece of legislation."
"The Gentleman has moved to accept the Governor's Amendments on Senate Bill 1413. On that question, the Gentleman from DuPage, Representative McCracken."
"I didn't hear a thing the Gentleman said. Could you just tell me briefly what the Bill does and how the Amendatory Veto changes it?"
"I chance...if by chance a medicaid provider is made aware of the fact that a pregnant woman is a drug abuser, then she would be referred by..."
"...Alright. So the point was to make it clear that 21 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 DPA would not..."
"...That particular agency to a hospital or to a doctor for treatment."
"Okay. Thank you."
"And..."
"...Okay. He's got it...he's got it clear, Representative White."
"...He's got it? Okay..."
"The question is, 'Shall the House accept the specific recommendations for change with respect to Senate Bill 1413?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. 71 votes are required for the adoption of this Motion. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 111...112 voting 'aye'. This Motion has received the required Constitutional Majority, so the Motion is adopted and the House accepts the Governor's specific recommendations for change. Now, Ladies and Gentlemen, we are going to recess for lunch until 2:00 o'clock. I would remind you however, that Conference Committee Reports are being circulated. Please notify your office where you will be and make yourself available for signature on those Conference Committee Reports. Okay? So let your office know. Let, perhaps, your Leaders know where you will be, because that is important to this process, so that we will be able to leave Springfield at a reasonable hour tomorrow. And your cooperation is very much appreciated, otherwise the House is in recess until 2:00 o'clock."
"The House will come to order. All those personnel not entitled to the House floor will please leave. On page three of the Calendar under Total Vetoes appears Senate Bill 13, Representative John Dunn. Out of 22 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day the record. Representative Hannig. in the chamber? November 1, 1989 Representative Hannig Out of the record, Mr. Clerk. Representative Edley. Senate Bill 1184."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the General Assembly. Senate Bill 1184 is a bipartisan effort to provide five hundred new scholarships for nurses. These scholarships will aid in reducing the nursing shortage and I urge your support of this legislation."
"Any discussion? The Gentleman from Vermilion, Representative Black."
"Well, thank you very much, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Thank you very much. Representative, on 1184, I think perhaps the Governor, and bear with me if you will, had a problem with...there was no companion appropriation Bill, is that your understanding?"
"That's...that's my understanding, Representative."
"Alright, now if...if we...if we join with your request and override his Veto, is there not language in the Bill that clearly states that these scholarships will be awarded? I don't think it says, 'may be awarded', doesn't it say, 'shall be' or 'will be'?"
"That's not my understanding of the legislation. The funding for it will be necessary in the next fiscal year. And we will have...it's similar to the legislation that originally started these baccalaureate scholarships. They went for a number of years without being fully funded and they aren't...they aren't presently being fully funded."
"Oh, okay. Thank...thank you very much, Representative. Mr. Speaker, Ladies and Gentlemen, to the Bill. I think you ought to take a very...very lo... strong look at...at the Gentleman's request. This Bill is very, very... 23 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day it's...it's November 1, 1989 a great Bill and it's well-intended. The bottom line is that there's no money to do this. And we're very good at doing this in this chamber. We...we encourage people and have them believe that we're going to give them scholarships or grants to continue their education, and then we don't fund it. And I don't know if the funding package will be there a year from now or not. I can tell you this. That the cost of this program will go up geometrically and at some point, I would dare say this...this chamber will not fund this program to the level that it will be necessary in order for these people continue. Another thing, and I think in all due respect to the Sponsor, that there could have perhaps been language in this Bill to encourage these people who are the recipients of these nursing education scholarships practice in medically underserved areas. And that's something that maybe we can come back next Spring and work on as well. I think in this instance, given the fact that the money clearly isn't there by the Sponsor's own edification, to to that we perhaps need to uphold the Veto of this Bill. Let's bring it back next Spring and take another look at it."
"The Gentleman from Macon, Representative Dunn."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise in support of this legislation. We need this scholarship program. There have been attempts over many years in the Illinois General Assembly to establish such a program, and the cost is modest, especially in comparison with the level of the general revenue budget of the State of Illinois. That fund has plenty of money in it. All we have to do is allocate resources, which we are willing to do if they are highly visible programs which involve brick and mortar. This is a program which involves education in the health care field. It is a program which 24 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 has merit. It is a program which will provide an investment in health care in the future and help young people who want to become professionals do so, who might otherwise not be able to take advantage of the nursing profession as a career. I would ask you to put your 'green' votes up here and send a message to the Governor to sign this legislation and get this program in place, so we can implement these scholarships and train young deserving people who want to enter the nursing profession."
"The Lady from Cook, Representative Munizzi. The Gentleman from Grundy, Representative Weller."
"Thank you, Mr. Speaker. In echoing the supportive comments from my colleagues, this is needed legislation. Everyone of us recognizes there's a shortage of nurses out there. We all have health care concerns in every part of this state and those who are in the trenches working in health care are nurses. We need more nurses. We need better nurses and we need to find ways to attract more men and women to come back in for a second career into the nursing field. These scholarships will be a real boost for that. I urge an 'aye' vote and I move...of course, urge you to vote in favor of the Gentleman's Motion."
"The Gentleman from Cook, Representative Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of the Gentleman's Motion. This...this Bill addresses a very serious problem in our state, the shortage of nurses. The Governor in his message when he vetoed this Bill, said there are a number of other Bills that attempt to address the nursing shortage in Illinois. These Bills include Senate Bill 1302, Senate Bill 1307, Senate Bill 1257 and House Bill 1395. The problem is, Ladies and Gentlemen, the Governor vetoed all of those Bills. There are no Bills left on the agenda that will 25 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 help address the nursing shortage in our state. This Bill will do it. I urge your 'green' votes."
"The Gentleman from Cook, Representative Preston."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise in support of this override Motion. If any of you have had the misfortune of having been in the hospital or having a loved one, or a friend be in a hospital, and you needed medical attention, health care while you were there, try finding a physician to provide you with that health care. The answer, unfortunately is, you can't. The person who responds, who is there to meet your needs, to meet your concerns, to put your mind at rest and to ease the pain that your body is in, are the nurses. There is absolutely no excuse for the wealthiest nation on Earth, and one of the wealthiest states in the United States, to have a shortage of nursing. We are responsible for dealing with that problem. This Bill is a step, not an answer, we need far more than this. But this is a step in the right direction. For those who are in need of hospital care and those who are in need of nurse's attention, medical attention, we need this kind of legislation to provide that kind of attention for people who are in pain and who need service. So please vote 'aye' for this override Motion."
"The Gentleman from Effingham, Representative Hartke."
"I, too, stand in support of this legislation. Today, in health care we use nurses everywhere. We use them in factories, and schools, and hospitals, nursing homes, and there is indeed a shortage. And I think that if we don't start addressing that problem, it's only going to start... start to get worse. I think if we have the will, we can 26 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 and we should fund this program and pass this piece of legislation."
"Further discussion? The Gentleman from Rock Island, Representative DeJaegher."
"It's difficult for me to believe that a Representative, representing this great state, from time to time will not visit a hospital or come into communication with a person that is in a hospital, and that person will basically say, 'Yes, if only...if only we had more people to care for us'. It's a proven fact that there are tremendous shortages in nursing profession. There's a bidding war going out, because we do not have enough competent people to fill the positions that are there. Statistics are proving that more and more people are going to be dependent upon nursing. The age is increasing quite steadily and for those particular reasons, you need nurses. I don't think it's a money factor at the present time. Most of these tuitions will not kick in for a period of time. It behooves each and every one of us to be responsive to the needs of the nursing profession. For that reason, I encourage and hope that all of you will vote 'green'."
"The Gentleman from Madison, Representative Stephens."
"Well, thank you, Mr. Speaker. Several Representatives have remarked that this is going to solve the nursing shortage problem. Nothing could be further from the truth. It's not a matter that they can't afford the education, it's a matter that we can't get enough funds in the programs to support the actual wage paying of nurses. That's what the real issue is. And if the...if the Gentleman and Ladies on the other side of the aisle are so excited about...about more money for nurses, it's not a 27 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 matter of just getting them the more...more funds for education. They can choose and afford to educate themselves, but for what reason. And that's the issue that we ought to be about. We ought to be working on both sides of the aisle for real solutions to the problem. Not just some vote-getting scheme so that a Representative who might have voted wrong in one area, can go back to another special interest group and say, 'Look, I'm on your side'. If you're on your side, let's talk about programs to...to create a better free enterprise system in Illinois where nurses can be paid what they're worth. That'll be the solution to the problem. Not some phony government program that says, promises you a scholarship and doesn't put the funds with it. What...what sort of sense is that make, Representative?"
"The Gentleman from McHenry, Representative Klemm."
"Well, thank you, Mr. Speaker. Just to ask a short question of the Sponsor if I may."
"He indicates he will."
"Representative, about the funding, I think many of us support the program and have in the past, but have we appropriated any funds to do this? Or is the Department of Health or who is supposed to come up with those dollars to meet these stipends that we would be allowing?"
"No funding would be necessary in...in this fiscal year and that the funding for it would have to be addressed in the next fiscal year. And I think when you really look at this, this is a question of priorities. This is two very important issues facing our state. Health care and providing education and...and...and upward mobility to our nursing professionals..."
"...When you say there's no funding needed, was that 28 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 because there won't be any monies spent?"
"It's...it's my understanding that there...that there will not be any funding spent in this physical (sic fiscal) year on this program."
"So the intent is to pass this legislation, however knowing that there's no money available, then the Department of Public Health would not have to grant these stipends or scholarship programs until the following year, is that correct?"
"I didn't hear all of that. There's some noise in here. I... what's the specific question on it?"
"...Your answer in response to my question was that there would be no money spent this fiscal year..."
"... That's correct."
"And I'm therefore assuming that if this program...if this Bill were to be adopted, that it would not take effect until the following year. The Department of Health would then have to come up... Public Health would come up with the money?"
"... No, I think... I think the Bill takes effect...it's going to take time for the department to do...to set up the program. And hopefully that they can get it set up and we can get the funding put together to start July 1st."
"...And if we don't give them funding, then it's your understanding and explanation to us that they wouldn't have to institute this program until they could get...or we could give them that funding?"
"If...if the...that's...that's mine...understanding. that if there isn't the funding available, they won't have the money to provide the scholarships..."
"...Right. So this Bill is tied in with adequate funding on either a supplemental or next year if we grant that money?" 29 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
"That's right."
"Alright. Thank you very much."
"The Gentleman from Saline, Phelps." November 1, 1989
Representative Phelps: "Thank you, Mr. Speaker. Will the Sponsor yield for a question please?"
"He indicates he will."
"Representative Edley, is it your intention to...with this language, at least put the enabling clause in place, that whether it be next Session or whatever successful future point, we would have to provide some or if not all the money, to provide for five hundred new scholarships, is that your intent? Right behind you, Bill."
"My intent here is to get the legislation in place, creating the program and to work to find funding for it in the next fiscal year. Similar to the present baccalaureate scholarship program. I don't think we're... we're funding that..."
"Thank you, Representative. support to To the Bill. I just rise in of... Representative's intention here is very obvious that whenever we want to...this Body is serious about creating a demand for an underserved market, such as nursing and health care. We try put incentives in place. And this is a very appropriate place and a very appropriate way to do so. Instead of dancing around the issue whether there is money in this fiscal year or next, there's not a one of us that has not tried either simultaneously have Bills moving while the appropriation's in place or at some future point, try to achieve match that enabling legislation. That's what the Sponsor's trying to do here. Let's...let's read his intention clear and be honest about it. You're either for or against improving the quality of health care and this is one way to to to 30 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 do it."
"Further discussion? The Gentleman from McDonough, Representative Edley to close."
"Thank you, Mr. Chairman. This Bill is a bipartisan Bill. It was drafted by Senator Topinka. It passed out of the Senate in the override of 43 to 12. I think this is good legislation..."
"...Excuse me, Representative Edley...excuse me. I'm sorry. Representative Black, did you want to speak?"
"No, Mr. Speaker. Just to...that I will request a verification should this get the requisite number, so perhaps everyone could vote their own switch."
"Thank you. Representative Edley."
"This is a bipartisan effort. This is Senator Topinka's Bill. It passed out of the Senate 43 to 12. And it really is a vote on what... what...what the true priorities of this House are. Are they education? Are they providing opportunities for young people to improve themselves? I think this legislation really embodies that. I urge your...your 'yes' vote. Thank you."
"The question is, 'Shall Senate Bill 1184 pass the Veto of the Governor notwithstanding?' All those in favor vote 'aye', opposed 'nay'. The voting is open. This requires 71 votes. The Gentleman from Warren, Representative Hultgren."
"Thank you, Mr. Speaker. I'll be voting 'present' because of a potential conflict on this legislation."
"Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 80 voting 'yes', 30 voting 'no', 6 voting 'present'. Representative McCracken, the Gentleman from DuPage."
"I'm confident we can knock off nine or ten 31 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 Republicans on this one. Should we verify it?"
"Representative Black."
"Yes, Mr. Speaker. I'll persist with the verification."
"Mr. Clerk, proceed with the verification."
"Balanoff. Barnes. Bowman. Breslin. Brunsvold. Bugielski. Capparelli. Cowlishaw. Cullerton. Curran. Currie. Davis. DeJaegher. Deuchler. Didrickson. Dunn. Edley. Farley. Flinn. Flowers. Giglio. Giorgi. Goforth. Granberg. Hannig. Harris. Hartke. Hasara. Hensel. Hicks. Homer. Lou Jones. Shirley Jones. Keane. Kirkland. Klemm. Krska. Kulas. Lang. Laurino. LeFlore. Leverenz. Levin. Martinez. Matijevich. Mautino. McAuliffe. McGann. McNamara. McPike. Morrow. Munizzi. Novak. Phelps. Piel. Preston. Rice. Richmond. Ronan. Saltsman. Santiago. Satterthwaite. Shaw. Stange. Steczo. Stern. Sutker. Terzich. Trotter. Turner. Van Duyne. Weller. White. Williams. Wojcik. Wolf. Woolard. Anthony Young. Wyvetter Younge. And Mr. Speaker."
"Questions of the Affirmative, Representative Black?"
"Well, thank you very much, Mr. Speaker. I think in the interest of time, the Clerk managed to read the Affirmative Roll Call so slowly and speak so distinctly, that I think most everybody has come back to the floor. I'll withdraw the request."
"On this question there are 80 voting 'yes', 30 voting 'no'. 6 voting 'present'. This Motion having received the required Three-Fifths Majority is adopted, and this Bill hereby declared passed the Veto of the Governor notwithstanding. Representative White. Jesse White, Senate Bill 1269."
"Mr. Speaker, Ladies and Gentlemen of the House, Senate 32 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 Bill 1269 was vetoed by the Governor. And I move to override the Governor's Veto on this piece of legislation. Last Wednesday, the Senate overrode the Governor's Veto 58 to nothing. And during the last Session of the General Assembly, we voted 113 to nothing and the Senate came back and voted 51 to nothing on this piece of legislation. What it seeks to do is it will exempt a person, a nurse, a technician, and other assistants who work under a podiatrist from being exempt from the accredidation procedure. And that is basically the gist of the Bill and I move for its adoption."
"Any discussion? Hearing none, the question is, 'Shall Senate Bill 1269 pass the Veto of the Governor notwithstanding?' All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Barger, 'aye'. Representative McCracken, are you voting right? Have all voted who wish? Mr. Clerk, take the record. On this question 114 voting 'yes', 2 voting 'no' and none voting 'present'. This Motion having received the required Three-Fifths Majority is adopted, and this Bill is hereby declared passed the Veto of the Governor notwithstanding. Representative Keane, page five of the Calendar, Amendatory Vetoes. Representative Jim Keane. Are you talking Italian or are you talking Irish, Representative Keane? Senate Bill 237, Mr. Clerk. Amendatory Veto. The Gentleman from Cook, Representative Keane."
"Thank you, Mr. Speaker. I move to accept the Governor's Amendatory Veto on Senate Bill 237. The Governor added a January 1, 1991 effective date. And the...it's a...it's a change that has been agreed to by the Illinois Taxpayers' Federation and others. The Governor's changes, the 33 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 effective date is consistent with the intent of the Bill to phase in the proposed changes. The Secretary of State's Corporation Division is also in accord with the effective date, and I'd ask for its adoption."
"Any discussion? Hearing none, the question is, 'Shall the House accept the specific recommendation for change with respect to Senate Bill 237?' All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Gentleman from Cook, Representative McGann. Have all voted who wish? Mr. Clerk, take the record. Representative Morrow, 'aye'. On this question there are 116 voting 'yes', none voting 'no' and none voting 'present'. This Motion having received the required Constitutional Majority, so the Motion is adopted by the House, and the House does accept the Governor's specific recommendation for change. Representative Hannig. Representative Hannig on Senate Bill 389. Amendatory Veto, page five of the Calendar. That's already finished, Mr. Clerk. Representative Keane, Senate Bill 588."
"Thank you, Mr. Speaker. I move to accept the Governor's Amendatory Veto to Senate Bill 588. The Governor had two corrections. One, because of the Bill's immediate effective date the possibility could exist that properties sold previously for delinquent taxes could be resold for the same taxes. The Governor proposes to add text clarifying that the Bill's provisions are only applicable to tax sales occurring on or after the effective date. And that is a laudable amended... Amendment. Second, the Governor indicated the Bill contains a provision requiring insurance companies to notify the state's attorney in the county where an insured structure is located of the intent to pay a fire loss claim under twenty-five thousand 34 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 dollars, at least thirty days prior to the payment. It was meant to allow the state's attorneys to do a tax search and a filing of action to collect delinquent taxes. The Governor pointed out that this provision runs directly counter to recent legislative enactments to permit insurance payments of small fire loss in a timely manner. Therefore, the Governor deleted that provision of the Bill. 588, as you may remember, is an initiative of the Campaign for Responsible Ownership and that group is in agreement with the Governor's Amendatory Vetoes. And I would ask for concurrence with the Governor's Amendatory Vetoes."
"Any discussion? Hearing none, the question is, 'Shall the House accept the specific recommendations for change with respect to Senate Bill 588?' All those in favor signify by voting 'aye', opposed 'no'. The voting is open. This requires 71 votes. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Hultgren, 'aye'. Have all voted who wish? Mr. Clerk, take the record. On this question there are 113 voting 'yes', none voting 'no' and none voting 'present'. This Motion having received the required Constitutional Majority, and the House does accept the Governor's specific recommendation for change. Representative Keane on 692. Senate Bill 692. The Gentleman from Cook, Representative Keane."
"Thank you, Mr. Speaker. I move to concur with the Governor's Amendatory Veto of Senate Bill 692. The Governor in one aspect...we had in the Bill discussed the distribution formula, the Motor Fuel Tax. The Governor took that out since that was already addressed in House Bill 17...740...714, which was signed into law as Public Act 86-0016. In regard to the creation of a new income tax for research and development credit, the Governor said that 35 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day what we should do is not make the credit November 1, 1989 payable in cash but that the deleted...to delete it and have an investment tax credit fund not apply. All current investment credits feature a five year carry forward. None... none contained refund provisions and I agree with that. And would move the acceptance of the Governor's Amendatory Veto."
"Any discussion? Hearing none, the question is, 'Shall the House accept the specific recommendation for change with respect to Senate Bill 63... 692?' All those in favor signify by voting 'aye', opposed 'no'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 111 voting 'yes', none voting 'no' and 1 voting 'present'. And this Motion having received the required Constitutional Majority, and the House does accept the Governor's specific recommendations for change. Representative Dunn. Representative John Dunn, House Bill 1695, on page three of the Calendar, Conference Committee Reports. The Gentleman from Macon, Representative Dunn."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 1695 sets policy for the State of Illinois and establishes the Clean Indoor Air Act. This is legislation which has been unsuccessfully before this General Assembly for a long period of time, and we now feel we have the votes to pass this first step to establishing a Clean Indoor Air Act for the State of Illinois. This legislation is endorsed by the American Cancer Society, the American Heart Association, the Illinois affiliate, the Chicago Lung Association, the Illinois Department of Public Health, the Illinois State Medical Society, the Illinois State Dental Society, the Illinois Public Health Association, the Illinois Academy of Family Physicians, the 36 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 Illinois Hospital Association, the Nursing Assembly of Chicago Lung Association, the Illinois Society for Respiratory Care, the Illinois Nurses Association, Illinois Optometric Association, Illinois Parent and Teacher's Association, Chicago Dental Society, Cook County Department of Public Health, Illinois Society for Allergy and Clinical Immunology, the Greater Chicago Chapter of Asthma Allergy Foundation of America, the Chicago Thoracic...Thoracic Society, the Chicago Metropolitan Health Council and the Illinois Association of Retarded Citizens. This is legislation which passed this House earlier this year and has...and was amended in the Senate, resulted in a Conference Committee Report. It is legislation which will provide that there shall be a no smoking policy in all public places in the State of Illinois. It allows the proprietor of those...of public premises to designate a smoking area, if they wish. It does in fact preempt home rule unless local ordinance has been established prior to October 1...I think it's October 1, 19...yes, October 1, 1989. So all those ordinances which are in place shall remain in place and this is a first step. There may be others along the way, but it's time we set policy in the State of Illinois for clean air indoors. I urge your 'aye' vote and I'm ready to answer hopefully any questions."
"The Gentleman from Cook, Representative McNamara."
"Thank you, Mr. Speaker. The Sponsor will yield for questions?"
"He indicates he will."
"Thank you. There is one question that I have on it. Our legislative offices in our districts are public places because they are supported by public funds. Just for clarification of this. Does this mean that according to 37 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 that Bill, there shall be no smoking in any of the public offices?"
"To answer your question, directly and candidly. If this legislation passes the policy of the State of Illinois, shall be no smoking. The elected official in charge of a public place may designate a smoking area. So you could designate a smoking area in your district office."
"So it is your legis...just to clarify the legislative intent on that. Your indication is, is that a legislative office could be controlled by the Legislator within that office and designate a smoking area in that office. Is that correct?"
"The...the Bill provides that there shall be no smoking, but Section 5 of the legislation provides that elected officials may establish an area on the premises as a smoking area, where smoking shall be permitted unless otherwise prohibited by law or ordinance."
"Thank you."
"So the answer is that the proprietor may establish a smoking area. This legislation is designed to be realistic in this aspect because it is understandable that there are quiet a few people out there today who, unfortunately, have the smoking habit and it's very difficult to quit. I understand that and so does this legislation. So it...it sets policy that there shall be no smoking, but allows for exceptions."
"Just a follow-up question on that. In the preemption of home rule, the preemption of home rule indicates that if a town with home rule wished to have a...wishes to have a smoking area, does that follow under the preemption of home rule that this would take precedence then? They can still designate an area even though there is a preemption of home rule?" 38 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989
"Yes, the...the...the home rule preemption will...will address itself to the enactment of local ordinances setting policy, but the elected officials in a town, municipality, village hall will have the option to designate smoking areas if they choose."
"Thank you."
"The Gentleman from Will, Representative Regan."
"Thank you, Mr. Speaker, Members of the House. Will the Sponsor yield for a question, please? Representative, their Section 9 states, 'no individual may be discriminated against in any manner because of the...exercise of any rights afforded by this Act'. I'm not sure what party we're talking about here. Can you explain that Section 9? It says, 'no individual may be discriminated against'."
"The intention of this legislation is certainly not to open the door for human rights agency lawsuits, and I would specifically indicate that that is not the legislative intent of this legislation or this provision. Section 9 provides that no individual may be discriminated against in any manner because of the exercise of any rights supported by this Act. Under this legislation as it is drafted, the only right is the right of the State of Illinois as setting policy for there to be a no smoking area. Any smoking area is created on a discretionary basis as a privilege, and it is my view as legislative intent with regard to this legislation that the...in a smoking area there are no rights created under this legislation by Section 9."
"Thank you."
"Further discussion? The Gentleman from Lake, Representative Matijevich."
"Yes. Would the Gentleman yield?"
"He indicates he will."
"Representative Dunn, I think all of us are aware 39 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 that nobody has worked harder for legislation to try to eliminate smoking, if you will, in public places than you have. And I realize this is a product of compromise. Would you...would you admit that the preemption provision was really at the heart of the compromise. In other words, you had to take that or else you weren't going to get a Bill, is that what it's all about?"
"In...in straightforward answer to your question, the answer is...is yes. Those who advocate a no smoking policy in the State of Illinois would obviously prefer that the preemption not be in here SO that local villages and ordinances would be free to set policy as they wish. There is a judgment call that the votes are not there at this time to pass the Bill in the form it came over from the House to the Senate. With regard to the preemption, I would indicate that there are in excess of 1200 municipalities and villages in the State of Illinois. And I think I'm conservative in my view when I indicate that there would be at least a 1,000, at least a 1,000 of those municipalities and villages which would never entertain a smoking ordinance. So this legislation if enacted, will set policy in every corner of this state and I think that's good. So yes, there's been a compromise but it's a good compromise, and it's an affective compromise and there is no commitment with regard to the future. So, if the votes are there to pass stronger legislation in the future, that certainly is an option which is open. After all these years of trying to pass a Clean Indoor Air Act, we feel we now have the votes to do so. So I would urge your 'aye' vote on this Bill."
"Well, I guess I'll speak to the Bill. I've also...I think since I changed my position some years ago, been a fairly strong advocate as Representative Dunn and 40 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 Representative Terzich have been, but I don't like the compromise. I represent two municipalities..."
"...Excuse me, Representative Matijevich. Ladies and Gentlemen of the House, would you please refrain from talking...very loud."
"I represent two municipalities in my district, Waukegan and North Chicago. They are both home rule units of government. This legislation forever forecloses them from passing a strong no smoking type of ordinance. I don't think that's right. The tobacco industry all over the country has been attempting to go to states all over the country to try to pass state laws which do include preemption provisions. The reason they are doing that is because more and more people all over the country and the polls show it, want to do something about smoking in public places. So they are aware...the tobacco industry is aware that the local pressures are forcing municipalities, forcing local governments to do something. My problem is that with this preemption provision, I think that it would be very difficult in the future to pass any further legislation. Because Legislators will say, 'Oh, we've got something on the books', admittedly not a strong statute. So in the guise of compromise, we get a weak law. I think we're better to wait, get a strong law and by all means, a strong law which does not include preemption because the local governments ought to have the right. They ought to have the right if the people in their communities want a strong ordinance relating to smoking. I don't think they ought to take that right away. Now, I realize that Representative Dunn has said that this is a first step. I'm afraid it's going to be a final step. I realize that many organizations are for it, but because of the preemption provision, I'm going to vote 'present' on this 41 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 Bill and hopefully we can work on a strong Bill in the future."
"The Gentleman from McLean, Representative Ropp."
"Thank you, Mr. Speaker and Members of the House. It is a bit difficult to question a Bill that you are a hyphenated Cosponsor, but let me say this is not the Bill that we initially addressed when it was in this chamber. And the fact that the previous speaker has mentioned dealing with exempting home rule, I think is a major concern. But even bigger is the fact that we're attempting to deal with a very serious problem, which is human life and the fact that by just putting up somewhat of a smoke screen here and saying we are dealing with clean air and that we have solved the problem, is certainly not the way to go even though you may think it's a first step. It may be a first step, but it may be in a backward direction. And because of this movement, we would not sit down and earnestly work on a real resolve of this situation. I urge you to either vote 'present' or 'no', so that we can really sit down and deal with the issue at hand that attempts to address the fact that people do have a right to have clean indoor air and that this Bill in its current form does not do that in a satisfactory manner."
"The Gentleman from Cook, Representative Terzich."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House, I'm sure you're familiar with my concern about the Illinois Clean Indoor Air Act. And as you'll note that I'm also a Cosponsor on this Bill. Over the last several years, you all know that I've worked very, very hard in passing a Clean Indoor Air Act in the State of Illinois. During that time, I tried to develop a piece of legislation that was fair and equitable to all parties concerned. The 42 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 definition of the Clean Indoor Air Act is exactly what it says, that everybody is entitled to clean air in the State of Illinois. And we're talking about the biggest polluter basically is tobacco smoke. What the Bill basically did is give the person the option or the right of either going in a smoked filled environment or a non-smoking environment and that was the intent of the Bill. There are many, many reasons why they have no smoking. Some of them are for safety reasons. Some of them are health...for health reasons and many, many other things. The Bill tried to address that and I believe that we passed a very, very good House Bill in House Bill 120. That the Bill was compromised, and in this piece of legislation is simply compromising with the tobacco industry. I would hate to preempt home rule units, that they should have the right to adopt a strong Clean Indoor Air Act and if the...if the preemption doesn't do much of anything, then why even have it in the Bill. And for that reason, I am planning to vote 'present' on this piece of legislation and hopefully, we can take it back and give a good clean, Clean Indoor Air Act for the people of the State of Illinois."
"The Gentleman from Cook, Representative McAuliffe."
"Mr. Speaker, I move the previous question."
"You heard the Gentleman's Motion. All those in favor signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. The previous question has been put. The Gentleman from Decatur, Representative Dunn to close. Excuse me, Representative Dunn. Representative Black."
"Thank you, very much, Mr. Speaker. An inquiry of the Chair."
"Proceed." 43 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989
"If I might? It's been clearly stated that this preempts home rule. May we have a ruling from the Chair on how many votes this will take?"
"Parliamentarian informs the Chair this requires 60 votes."
"Is this subsection (h) again, Mr. Speaker?"
"Yes."
"I see. Thank you very much."
"Representative Dunn."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. First, let's make certain we understand that those of you here from Chicago, there is already on the books in the City of Chicago an ordinance which is an anti-smoking ordinance. This legislation will have no impact upon that ordinance. That ordinance may be changed in any manner or fashion as the City of Chicago deems fit. This legislation simply does not cover that legislation or that ordinance, nor any other ordinance which is already on the books in the State of Illinois. And there are twenty-five or twenty-six communities which have enacted ordinances. Let me also indicate that there has been over a period of almost six months now, intensive effort to take a reading to see just how much power there is to pass a Clean Indoor Air Act and with only two exceptions, everyone of the proponent groups feels that this is the best compromise we can get at this time. It is nice to say and I have been long support...long time supporter myself of the unamended Clean Indoor Air Act, but if you can't pass it, it's the same as no legislation. The...the...as I have said be...as I said in opening, there are probably fifteen or twenty proponent groups including the American Cancer Society, the American Heart Association of Illinois, Chicago Lung, the Illinois Department of Public Health, the State Medical 44 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 Society, the State Dental Society, the Public Health Association, nurses, the Optometric Association, allergy groups, asthma groups. These are not naive people. These are people who are very serious about promoting health and saving lives. They feel we're taking the first best step we can at this moment and they endorse and support this legislation. They know it is not the legislation about which they lie awake at night dreaming, but most of us don't get our druthers. Our dreams don't come true. We have to be realistic and take what we can get. This is what we can get at this time. There is nothing to prevent us from coming back later. I would simply ask now for your 'aye' vote on this very, very important legislation for the health and welfare of the citizens of the State of Illinois. Please vote 'green'."
"The question is, 'Shall the House adopt Conference Committee Report to House Bill 1695?' All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. This is final action. The Gentleman from Cook, Representative Parke, one minute to explain your vote."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. It is obvious that a lot of work and time and energy have gone into this Bill, and it's something that is absolutely necessary for all the citizens of this state. And I think I shou...I ask this Body to pass this on as a compromise that has been hammered out. Long hours have gone into it. It's time to pass this. The citizens of this state deserve clean air and then we can move on from this in the Spring for other legislation, but let's pass it now."
"Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the 45 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 record. On this question there are 101 voting 'yes', 3 voting 'no', 11 voting 'present'. The House does adopt Conference Committee Report to House Bill 1695, and this Bill having received the required Constitutional Majority is hereby declared passed."
"Representative Matijevich, for what purpose do you rise, Sir?"
"Mr. Speaker, Members of the House, I move that we dispense with the reading of the Journal and the following Journals be approved: Journal #48 of May 25; 52 of June 6; 53 of June 7; 54 of June 8; 55 of June 13; 56 of June 14; 57 of June 15; 58 of June 16; 59 of June 20; 60 of June 21; 61 of June 22; 62 of June 23; 63 of June 24; 64 of June 26; 65 of June 27; 66 of June 28; 67 of June 29 and 68 of June 30 of 1989."
"You heard the Gentleman's Motion. Any discussion? Hearing none, all those in favor signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. The Gentleman's Motion carries. Okay, the House will now proceed on Senate Bills - Third Reading, page 2 of the Calendar. The following Representatives: Hasara, Balanoff, White, Giorgi and Steczo. Senate Bills - Third Reading - 175, Representative Hasara."
"Thank you, Mr. Speaker. I need to bring the Bill back to Second Reading for purposes of an Amendment."
"You heard the Lady's Motion. All those in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. This Bill is now on the Order of Second Reading. Mr. Clerk... Any Motions?"
"Floor Amendment...Floor Amendment #1 is being offered by Representative Hasara."
"The Lady from Sangamon, Representative Hasara."
"Thank you, Mr. Speaker. Senate Bill 1175 is the Crime 46 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 Victims Compensation Act. The Amendment is an agreed to Amendment which brings our law under federal law. It makes some changes that really benefit victims of crimes in Illinois and preserves our $2,000,000 of federal funding that Illinois receives under the program. A couple of the changes it makes, one in particular is that if you are an Illinois resident and you go to a state that does not have a program such as ours, and you become a victim of a crime in that state, you are eligible under the Crime Victim Compensation Act. Both...that's just an example of the changes that it makes, all in favor of victims in the State of Illinois."
"Excuse me, Representative Hasara. Representative Cullerton."
"Is the Amendment printed, Mr. Speaker?"
"The Clerk informs the Chair that the Amendment is not printed and distributed. Take the Bill out of the record, Mr. Clerk. The Bill will remain on the Order of Second Reading. Representative Balanoff. Representative Balanoff in the chamber? Senate Bill 1379. Senate Bill 1379, Representative Balanoff."
"Yes, Mr. Speaker, can we move this Bill back to Second Reading for purpose of an Amendment?"
"The Gentleman asks leave to return the Bill back to the Order of Second Reading. Does the Gentleman have leave? Hearing none, leave is granted. The Bill's on Second Reading. Mr. Clerk."
"Floor Amendment #2 is being offered by Representative Hannig and Kulas."
"Representative Hannig."
"Yes, thank you, Mr. Speaker and Members of the House. This Amendment does two things. Generally, violations of the Environmental Protection Act carry a civil penalty of 47 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 $10,000 per violation and an additional civil penalty not to exceed $1,000 for each day the offense continues. The first part of the Amendment increases the $10,000 fine to $50,000, and the second...and also $1,000 to $10,000. The second part of the Amendment has to do with some of the provisions that were left in House Bill 977 that deal with bid rigging. And we had passed these out and the Governor had amendatorily changed that Bill, and for whatever reason, we never accepted his changes, but in effect this Body has already approved that part of the...that part of the Bill by a large margin and the Governor had not objected to that, so thus the two parts of the Bill. And I'd be happy to answer any questions and would ask that we adopt Senate or...House Amendment #2."
"Any discussion? Hearing none, the question is, 'Shall the House adopt... Excuse me, Representative Black, the Gentleman from Vermilion."
"Thank you very much, Mr. Speaker. Just a question as to whether it has been printed and distributed. We don't seem to have it in our files."
"The Clerk informs the Chair that the Amendment has been printed and distributed."
"Do you think somebody might run us a copy down, hot off the press or whatever? Here we go. Look at this, there's a good Sponsor. Thank you."
"Further discussion? All those in favor of the Amendment signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it and the Amendment's adopted. Are there any further Amendments, Mr. Clerk?"
"There are no further Amendments."
"Third Reading. The Gentleman asks leave for immediate consideration. All those in favor vote 'aye', 48 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day opposed 'no'. November 1, 1989 This requires 71 votes for immediate consideration. Mr. Clerk. The Gentleman asks leave for immediate consideration. Have all voted who wish? Mr. Clerk, take the record. Excuse me, Representative Richmond. Take the record, Mr. Clerk. On this question 102 voting 'yes', none voting 'no', and 1 voting 'present' and the Bill now is on Third Reading for immediate Representative Balanoff." consideration.
"Senate Bill 1379, a Bill for an Act to amend the Solid Waste Planning Recycling Act. Third Reading of the Bill."
"Representative Balanoff."
"Yes, as the Amendment becomes the Bill and I think Representative Hannig very adequately explained the Bill."
"Further discussion? The question is, 'Shall Senate Bill... Excuse me, the Gentleman from Kane...the Lady from Kane, Representative Deuchler."
"Representative Balanoff, would you yield for a question, please? Could you just explain a little bit more what the Bill would actually do as amended. you say that it's basically... Who is it up these markets for the materials?" Balanoff: Am I hearing to to develop "Well, first of all what this does is... No, that's...that was in the original Bill. The...This...The Amendment guts the Bill and it includes the Amendatory Veto of House Bill 977 and Senate Bill 633 with the Governor's changes."
"So, would you just go through that once more, please, what the Bill actually does then?"
"Right. As amended, it amends the Purchasing Act and expands the exemption from competitive bidding for...It increases civil penalties for...to a maximum of $50,000 for improper operation of hazardous waste incinerators, and it 49 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 expands the exemption for competitive bidding for repair and maintenance services that do not exceed $5,000 per order...as opposed to $5,000 for services of the same type. The Amendatory Veto, as I said, from 977, which is Gary Hannig's Bill...was Gary Hannig's Bill and 633."
"Well, would you explain the preemption of the home rule aspect of recycling programs?"
"Can you let Gary answer?"
"Representative Hannig, do you wish to answer the Lady's question?"
"Yea, I think, Sue, that the Amendment #2 struck everything after the enacting clause and then became the law...or the Bill. So a lot of what you may be looking at in your digest or your early analysis is now incorrect, and the provisions of the Bill really are just House Amendment #2, which...and that deals with some increased penalties for violations of the EPA Act and also some provisions on bid rigging that we had already adopted on 977, had kind of fallen through the cracks with an Amendatory Veto, and we're trying to resurrect here. Those are the two provisions of the Bill."
"Thank you."
"The Gentleman from Warren, Representative Hultgren."
"Will the Sponsor yield?"
"He indicates he will."
"Gary, I have a question with regard to that part of the Bill that you just talked about, and I think it's the bid rigging or something like that. On page 5 of the Amendment which became the Bill and continuing on page 6, what's the effect of that change? And...it would appear to me that under prior law, anything over $5,000 had to be put out on competitive bid. Now it would appear to me that by 50 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 separating the work into individual orders of not to exceed $5,000 that you could conceivably do a million dollars worth of work with simply individual orders not to exceed $5,000 each. Am I misreading that? Is that not your intent? It's...Amendment #2 is what I'm looking at, pages 5 and 6 of Amendment #2."
"Could you repeat your question? I've got a copy of it now."
"Yea. The change made by Amendment #2 on pages 5 and 6, it would appear to me that under prior law, the most that you could spend without competitive bidding was $5,000, because where the expenditure exceeded $5,000 required competitive bidding. It would appear to me that what this does is permit you to, for example, do a million dollars worth of work but if you do it...if you split it into individual orders that don't exceed $5,000, you could do it with a series of individual orders even though the total amount of work may be much in excess of $5,000. I'm really not sure what it says, but I wish you would explain to me what it does say."
"I'm not certain that I'm totally clear what the question is, but the... I'm not sure that by changing individual orders and expenditures is a significant change in the Bill. And certainly the parts of 977 that we passed and the Governor signed off on, and then were lost in the cracks of...in the process on the bid rigging, unfortunately were provided in the Senate, but they were basically what we could...I would consider good government provisions were not an effort to try to in any way, shape or form cast any shadows on government, but rather to put more light on government."
"I'm confident the Sponsor is well-intentioned, but I do have some serious reservations, and if I may address the 51 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 Bill for a moment. It would appear to me that what this does is create an exception to the requirement for competitive bids. In the past, if the expenditure was for the same type of service, at the same location, for the same agency, in the same fiscal year, the most that they could spend without competitive bids was $5,000. That language by this Amendment is now stricken. And if you put together a series of orders, even though the orders might be for the same type of service, at the same location, for the same agency, during the same fiscal year, SO long as the individual orders didn't exceed $5,000, you could do a million or 5,000,000 or 10,000,000 dollars worth of work without competitive bid. If I'm incorrect in the way I read this, I apologize to the Sponsor and to the Body, but I think that's what it does. And I would suggest a 'no' vote until that is deleted from this Bill."
"The Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Yes, either one."
"Thank you. It also appears to me that we are substantially increasing the civil penalties in this Bill for anyone who violates any provisions of the Environmental Protection Act or any regulation adopted by the board or any permit shall be liable for civil penalty not to exceed $50,000. Is that correct, an increase from $10,000?"
"Yes, that's correct."
"Alright, and it says an additional civil penalty not to exceed $10,000 per day and that's up from $1,000 per day?"
"Yes, that's also correct, Representative."
"Alright, adjustment for inflation, no doubt. Let me call your attention to page 12 of the Bill. It appears to me, 52 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 correct me if I'm wrong, that a corporation who had been indicted under the Section of the Environmental Protection Act and had been convicted for violation of the Act, under existing law they are barred from contracting with any unit of state or local government. If I read the change as long as the employee or agent of such corporation is no longer employed by that corporation, then it's okay that that corporation could again do business with the state or local government. Is that correct?"
"No, I don't believe that is correct."
"If I've misread that, could you correct me because on page 12 it says, 'No corporation shall be barred from contracting with any unit of state or local government as a result of a conviction under this Section of any employee or agent of such corporation'..."
"Representative..."
"Yes.."
"If you continue to read on, it has the additional requirement, 'And it has been finally adjudic...and has been finally adjudicated not guilty'. Okay?"
"Alright. I see it. You're right. And then if the corporation demonstrates to the entity that the entity finds the offense was neither authorized, requested or performed by a director or officer of that corporation. Alright, you're right. Thank you."
"The Gentleman from Cook, Representative Kulas."
"Just briefly to explain to Representative Black about all these questions. What the first part of Amendment #2 is actually Senate Bill 633 with the Governor's changes, so it's a Bill that we had passed unanimously out of this House, and it's a Bill that should be passed now."
"Further discussion? Representative Balanoff to close." 53 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
"Well, I just encourage 'green' votes."
November 1, 1989 "The question is, 'Shall Senate Bill 1379 pass?' All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Harris, 'aye'. Have all voted who wish? Mr. Clerk, take the record. On this question there are 78 voting 'yes', 38 voting 'no', none voting 'present' and Senate Bill 1379, having received the required Constitutional Majority, is hereby declared passed. Alright, on page 2 of the Calendar Sen... Senate Bills - Second Reading. Representatives White, Giorgi and Steczo. Representative White. Representative White in the chamber? Out of the record, Mr. Clerk. Representative White, Senate Bill 734. Gentleman from Cook, Representative Jesse White."
"Senate Bill 734, a Bill for an Act concerning medical specialty care, amending certain Acts therein named. This Bill has been read a second time previously. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative Ronan and White."
"The Gentleman from Cook, Representative Ronan."
"Thank you, Mr. Speaker, Members of the House. I move for the adoption of House Amendment #1 to Senate Bill 734. This is a agreement that has been worked out. It basically involves what was included in House Bill 295. It's an agreement with myself, the Association that deals with deaf alcoholics and the Department of Alcoholism and Substance Abuse. The Department had some concerns which we've agreed to go along with, and this will go a long way in improving services for deaf alcoholics here in the State of Illinois. 54 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 I move for the adoption of Amendment #1."
"You heard the Gentleman's Motion. Any discussion? Hearing none, all those in favor of the Amendment signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Are there further Amendments?"
"Floor Amendment #2, offered by Representative Bowman."
"Representative Jesse White on Amendment #2."
"Mr. Speaker and Ladies and Gentlemen of the House, I'm Cosponsor of the Amendment and I'd like to handle...offer Amendment 2 to Senate Bill 734. And what it does it implements the provisions of Senate Bill 499 which are the recommendations put forth by the Governor."
"Any discussion? All those in favor of the Amendment signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Are there further Amendments?"
"Floor Amendment #3, offered by Representative Lou Jones and White."
"Amendment #3. The Lady from Cook, Representative Jones." Jones, L.: "Thank you, Mr. Speaker, Members of the House. This Amendment... This Amendment is originally the Senate Bill 613, which has the Amendatory changes from the Governor, the Governor made. That is the only change that really was made was that the...in the hospital Section of the Bill, it was changed. 'Shall' was changed to 'may' because of...in order for it to be amended, it had to change the Hospital Licensing Act. The Governor's Message stated that the Amendment incorporates the Veto and most of the substance...substantive provisions of Senate Bill 613, eliminating only duplications which...with what is more 55 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day current law." November 1, 1989
"You've heard the Lady's discussion. Any further discussion? Hearing none, all those in favor of the Amendment say 'aye', opposed 'no'. The Amendment's adopted. Are there further Amendments?"
"Floor Amendment #4, offered by Representative White."
"Representative White."
"Mr. Speaker, Ladies and Gentlemen of the House, Amendment 4 to Senate Bill 734 is a management care provision. It's a Bill it's actually House Bill 735... Senate Bill 735, which passed out of this House, and all it does is that it provides that there be demonstration project in suburbia and in urban...in an urban area that will impact upon, manage care for Medicare recipients."
"Any discussion? The Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, is... Amendment #5, I think we've seen before."
"This is Amendment #4."
"Well, I'm sorry. You're right, #4. In its previous life, what was the Bill number?"
"Seven thirty-five."
"Seven thirty-five. Well, what happened to 735?"
"Well, 735 was amendatorily vetoed by the Governor."
"And so in this Amendment, are you incorporating...re-incorporating the items that he amendatorily vetoed or are you addressing what he...?"
"No. We're implementing all of his recommendations, and we're putting all of those recommendations into Senate Bill 56 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 734."
"That's very kind of you. Thank you."
"Representative Piel."
"Thank you, Mr. Speaker. Will the Gentleman yield for a question, please?"
"Indicates he will."
"Representative, first, prior to the question, is there any cost involved with this Amendment?"
"It is within the Department's budget, and I don't believe that the Department is in opposition to this piece of legislation. Plus, it is permissive in nature."
"Approximately, what would the cost be?"
"Could you repeat your question?"
"My first question was, 'Was there a cost involved with this Amendment?' You said it was included in the Department's budget, and that's the reason I was asking what the Amendment would cost."
"This is the recommendation on the part of the Governor, so I don't feel as though it will be any additional cost. What I'm doing with these four Amendments to this one Bill is following the guidelines and the recommendations of the Governor."
"On page 2, Section (b) or part (b) it says, 'Providers participating in the program shall be paid an amount per patient per month to be set by the Illinois Department for managing each recipient's medical care.' Now is this going to be paid by whom?"
"Well, this is a cost saving measure, and it is...does not exceed what is presently being done now."
"Yes, but we are stating in here that they will be paid per patient per month, and the question is, By whom? That's what I'm trying..."
"By the Medicaid provider." 57 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
"I'm sorry. What?"
"By the Medicaid provider."
November 1, 1989 "Okay, now you say that it is permissive. Do we have this in an appropriation at the present time?"
"No, we do not."
"So the Department does not have that in their budget technically."
"It could be done within the existing budget."
"Okay, but it...I mean it's not earmarked in the present budget, correct?"
"No, it is not."
"Okay. Thank you."
"All those in favor of the Amendment signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Are there further Amendments?"
"Floor Amendment #5, offered by Representative Phelps and White."
"Representative Phelps."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment 5 incorporates the Governor's Amendatory Veto Message, and it incorporates the provisions of Senate Bill 1304, passed by the House and Senate. And so it includes what they passed, plus the Governor's recommendation, which was to see that a study would explore what incentives would be necessary to attract nurses to practice in medically underserved areas, but did not want to fund this particular plan until the evaluation of the incentive plans would come back and present it to the Legislature. So I appreciate your support."
"Any discussion? Hearing none, all those in favor of Amendment #5 signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. 58 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 The Amendment's adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. The Gentleman asks now leave by the Attendance Roll Call that this Bill be heard on the Order of Third Reading. Hearing none, Mr. Clerk, the Bill is now on the Order of Third Reading. Read the Bill."
"Senate Bill 734, an Act concerning medical specialty care, amending certain Acts therein named. Third Reading of the Bill."
"Representative White. The Bill's on the Order of Third Reading."
"Mr. Speaker, may I have leave? All Senate Bill 734 seeks to do is to implement all of the recommendations that the Governor addressed in his Veto Message. I move for its passage."
"You heard the Gentleman's Motion. All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 112 voting 'yes', none voting 'no' and none voting 'present'. Senate Bill 734, having received the required Constitutional Majority, is hereby declared passed. Representative Giorgi. Senate Bill 1136. Read the Bill, Mr. Clerk."
"Senate Bill 1136, a Bill for an Act to amend the Land Trust Recordation and Transfer Tax Act. This Bill's been read a second time previously. No Committee Amendments."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative 59 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day Giorgi." November 1, 1989
"The Gentleman from Rockford, Representative Giorgi."
"Mr. Speaker, I yield to Representative Levin."
"Representative Levin."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #1 incorporates the text of the Governor's Amendatory Veto Message with respect to House Bill 1754, which amends the Condominium Property Act and contained provisions supported by the Mortgage Bankers, the Chicago Bar Association, Condo. Subcommittee. Legislation was supported by the Realtors and the Home...and the Mortgage Bankers. If there are any questions, I'll be able to ask (sic answer) them, but the Bill initially passed the House 115 to nothing."
"Any discussion? All those in favor of the Amendment signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. Amendment's adopted. Are there further Amendments?"
"Floor Amendment #2, offered by Representative Giorgi and Levin,"
"Representative Giorgi yields to Representative Levin."
"Amendment #2 was suggested by the House Republican Staff. It pointed out that there...in the Governor's Amendatory Veto Message on House Bill 1754, there was one technical error and Amendment #2 cleans up that technical error. I ask the adoption of Amendment #2."
"Any discussion? Hearing none, all those in favor of the Amendment signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Are there further Amendments?"
"No further Amendments." 60 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 75th Legislative Day
"Third Reading. The Gentleman now asks leave by the Attendance Roll Call that this Bill be heard immediately. Does the Gentleman have leave? Hearing none, leave is granted. This Bill is on the Order of Third Reading. Mr. Clerk, read the Bill."
"Senate Bill 1136, a Bill for an Act in relation to condominiums, amending Acts therein named. Third Reading of the Bill."
"The Gentleman from Winnebago, Representative Giorgi, yields to Representative Levin."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendments 1 and 2 are now the Bill. This is the Governor's Amendatory Veto Message to House Bill 1754. I just ask its passage."
"Any discussion? Hearing none... Excuse me, the Gentleman from DeKalb, Representative Countryman."
"Thank you, Mr. Speaker. Is the underlying Bill stripped out then by the Amendments?"
"Yes."
"Thank you."
"...Alright, this is final action. All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 114 voting 'yes', none voting 'no' and none voting 'present' and Senate Bill 1136, having received the required Constitutional Majority, is hereby declared passed. Representative Steczo. Senate Bill 1161. Mr. Clerk, read the Bill."
"Senate Bill 1161, a Bill for an Act to amend the Township Law. Second Reading of the Bill. No Committee Amendments." 61 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989
"Are there any Floor Amendments, Mr. Clerk?"
"Floor Amendment #1, offered by Representative Steczo."
"Representative Steczo on Amendment #1."
"Thank you, Mr. Speaker, Members of the House. Amendment #1 makes four changes as they relate to various local governments in the State of Illinois. Amendment...one part of the Amendment puts in the language that this House and the Senate passed last June regarding language that was on House Bill 1287. What that language does is allow park districts to increase the maximum fines for violations of ordinances from $200 to $500. The park districts had asked for this authority, because we had done the same thing in the past for municipalities, and that language and those provisions passed the House and Senate both unanimously last year; however, because of Conference provisions on House Bill 1287, the Bill is still languishing in the Senate. The second part deals with a clarification of something that we passed as House Bill 397. It deals with fire protection districts...I'm sorry, 379, as they deal with fire protection districts. There were some problems that were corrected by the negotiations between the CPA Society and by the Illinois Association of Fire Protection Districts during the course of the summer. Their agreement is contained here as a provision in Senate Bill 1161. Additionally, last year the General Assembly passed legislation that dealt with school land donations and notice to school boards as to those land donations by municipalities where notice would be given. We had reached an agreement whereby it would be permissible for the school boards to contact the municipality, ask for a meeting to be held and then it would be up to the municipality to do that if they so chose. Unfortunately, the agreement language to 62 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 never got into the Bill. The Bill passed in another form and has caused some consternation. So, this part of House Bill 1160 was... Senate Bill 1161 provides the language that was contained in the agreement that we had last year. And lastly, Mr. Speaker, we have been asked to clarify some vagaries as they relate to the position of city manager, and this Bill provides a line which stipulates that the term can...in contract can set forth conditions for the office of city manager. All of these provisions, we believe, are noncontroversial. I would support adoption of the Amendment."
"Any discussion? Hearing none, all those in favor of the Amendment signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. The Clerk informs the Chair that this Bill has not been read a second time, so it will remain on the Order of Third Reading and we'll do it tomorrow. On page 8 of the Calendar, under Speaker's Table, Senate Joint Resolution 25, Representative Olson, Bob Olson. The Gentleman from Logan, Representative Olson, Senate Joint Resolution 25, Mr. Clerk."
"Senate Joint Resolution 25 creates an advisory board at the Department of Mental Health on residential boarding homes." Olson, B.: "The Amendment, it's Amendment #1, it substitutes some words in the Resolution. It substitutes 'legislative study group' for 'advisory board on residential homes'. It provides that the study group shall consider the availability of a system of registration of such homes and changes the date for the submission of the group's report from April to March of 1990. I move for the adoption of 63 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day the Amendment." November 1, 1989
"Rep...The Gentleman moves for the adoption of Amendment #1 to Senate Joint Resolution 25. All those in favor signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Alright, on the passage of the Resolution, Representative Olson." Olson, B.: "Yes. We're on Third Reading then, Mr. Speaker?"
"Yes." Olson, B.: "Okay. Alright, in Illinois there are many senior citizens who are quite capable of caring for their own needs, but they choose not to live alone and would like to join with others. And they live in what we call boarding homes. These boarding homes are not necessarily regulated. What this Resolution does, it asks that a study group be formed to determine how many of these homes might actually be out there, if they need some regulation, inspection, codes and things like that. This study group would investigate the demand for such homes, the current number of such homes, determine if they should be inspected, regulated and registered and then report to the General Assembly by April the first of 1990 to...so that some determination could be made for the...for such regulation."
"Any discussion? The Gentleman from Rock Island, Representative DeJaegher."
"Thank you, Mr. Speaker. I rise in support of Senate...Senate Joint Resolution #25. I think basically it has a good point, especially with hearings being held on Friday of this week pertaining to board and care. Staff from the Republican side and the Democratic side have worked in unison for the adoption of this particular Resolution, and for that reason, I ask for your support of Senate Joint Resolution #25." 64 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
November 1, 1989 "The Lady from Kane, Representative Doederlein." "Yes, thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of this Resolution, because many citizens want to stay in their own community where their families can visit them, and I believe that this is a time to come. Thank you."
"All those in favor of the Resolution signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. The Resolution is adopted. Senate Joint Resolution 68, Representative Mulcahey, on page 9 of the Calendar. Representative LeFlore. Excuse me, Representative Mulcahey."
"Thank you, Mr. Speaker. Senate Resolution 68, I move to pass committee and place on the Speaker's Table for immediate consideration. The Resolution deals with dropouts, and it establishes a committee that would have one hearing once the committee has been formulated. And we find that when a youngster reaches...before he reaches high school or reaches the grade of ninth, there's a tendency of them dropping out, SO I feel that this Resolution is necessary."
"You heard the Gentleman's Motion for immediate consideration. Any discussion? Hearing none, all those in favor signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it and the Motion carries by the Attendance Roll Call. Now on the Resolution, Representative LeFlore."
"Mr. Speaker..."
"Excuse me, Representative LeFlore. There seems to be a lot of inquiry to the Chair. We are not ready to adjourn. We are moving and trying to clear up a lot of things on the Calendar for individuals who feel that their Bills and Resolutions and Motions are very, very important. 65 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 So bear with us and we will try to accommodate each and every Member. Representative LeFlore."
"Mr. Speaker, is it possible we could move this Bill (sic Senate Resolution) now?"
"Yes."
"Thank you. As I stated, Senate Resolution 68 will authorize a hearing concerning the problems of grade school students who drop out of high school before entering...drop out of grammar school before entering high school. We found that there's approximately 3,000 grade school students drop out of school annually. This task force will hold hearings together, evidence and make recommendations concerning this problem. I'd like to have a favorable vote."
"You heard the Gentleman's request. And on that, Representative Black, Gentleman from Vermilion."
"Just for a clarification, Mr. Speaker. The board and the paper that we have indicates Representative Mulcahey is the Sponsor and since Representative LeFlore has presented it, I assume Representative LeFlore is the Sponsor."
"Representative LeFlore."
"A slip has been filed already changing the Sponsorship."
"Alright. Thank you."
"Thank you."
"The Gentleman from Coles, Representative Weaver."
"Thank you very much. Mr. Speaker. I simply rise in support of the Gentleman's Resolution, simply because we've had a great difficulty in this state getting an accurate handle on just how many students are dropping out, not only when they enter high school and before high school, but we've come up short in terms of numbers of those students 66 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 who simply graduate from junior high school and never start high school. They are the lost group of students that we really don't have a good number on the kind of dropout situations that we have to address. And it's very difficult for us down here to address a problem if we don't have a full understanding of the scope of the problem. I urge an 'aye' vote on this Resolution."
"The Gentleman from McLean, Representative Ropp."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Indicates he will."
"Representative, is this group just to study and to make recommendations on how to deal with attempting to reduce the dropout number in the state?"
"That's my understanding, Representative."
"Okay, if, in fact, they come up with some recommendations, does that mean this Body generally will...should support them?"
"Hopefully, if the recommendation is good."
"Oh, I'm sure they'll be good."
"The Gentleman from Winnebago, Representative Hallock."
"Well, thank you, Mr. Speaker, Members of the House. I also rise in support of the Resolution. I think most of our large urban areas have tremendous dropout rates. It's a problem and I think we al have tried to ascertain the reason for it; and nobody has good solutions for. I think maybe this committee might, in fact, try to find out exactly what some of the problems are as well and hopefully give us some good solutions. Literacy is a problem statewide, but the dropout rate is as important. I think this is a good start, and I urge it be adopted."
"You heard the Gentleman's Motion. All those in favor by the Attendance Roll Call say 'aye', 'aye'...'no'. 67 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 In the opinion of the Chair, the 'ayes' have it and the Motion is adopted, Mr. Clerk. House (sic Senate) Joint Resolution 30. Representative McCracken."
"Thank you, Mr. Speaker. I move to discharge Executive Committee and immediately consider the Bill...or the Resolution."
"You heard the Gentleman's Motion. All those in favor say 'aye'. In the opinion of the Chair, the 'ayes' have it and it's adopted...or the Motion is adopted by the Attendance Roll Call. Representative McCracken on the Resolution."
"Mr. Speaker, I believe there is an Amendment which has been filed, Senate...or it would be House Amendment #1."
"Floor Amendment #1, offered by Representative Kubik and McCracken."
"Representative McCracken."
"Mr. Speaker, this Amendment was requested to clarify that this would not be any commission or anything of that like. It would be a study committee and I move its adoption."
"Any discussion? The Gentleman from Cook, Representative Cullerton."
"Yes, will the Sponsor yield?"
"Indicates he will."
"All I have in front of me is the digest and the digest just says that it creates a task force in the management of...and disposal of medical waste. And there were two Senate Amendments, 1 adding a representative of the Illinois State Veterinary Medical Association, and then also expanding the definition to include infectious waste. And then the second Amendment added a representative from the Illinois Environmental Council. Could you tell me what 68 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 the...how the task force is to be formed? Who's suppose to make the appointments? How many members there's suppose to be, and then secondly, what does your Amendment do to ensure that it's only a task force?"
"Well, maybe I'll answer the second one first. Senate Amendment #1 specifies the subject matter and that it shall be a study and that its findings and recommendations will be reported to the Environmental Protection Agency and the Department of Public Health, and that is contained in this Amendment which I present now. The composition, I have a Senate Engrossed Resolution and the composition, although I don't know if it was in the Bill (sic - Resolution) originally or by means of either of those Amendments, is 16 members, four members of the General Assembly, one appointment for each leader, various spokesmen, one each from the Department of Public Health, Environmental Protection Agency, State Medical Society, Dental Society, Hospital Association, Solid Waste Management Association, State Veterinary Medical Association and Illinois Environmental Council."
"Okay, I have a further question on your Amendment. On your Amendment on line 11... On your Amendment #1 which is offered by Representative Kubik..."
"Yes, Sir."
"On line 11, it says that we are to delete the penultimate and the antepenultimate resolve clauses."
"I can give you a guess. I will make a good faith guess. The penultimate is the last one and the antepenultimate is the one before the last one."
"Well, I think you're wrong."
"I may be wrong."
"We wouldn't... There wouldn't be a need for a word like penultimate if it just meant last. Penultimate means, 69 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE I believe, the one before the last."
"Oh." November 1, 1989
"Now..."
"I stand corrected."
"Now, antepenultimate is the one that I'm curious about, because I've not heard that one."
"The one before the penultimate."
"The one before the penultimate."
"Ante spelled with an 'e' means preceding."
"So two before the last?"
"Right. Like antenuptial or antediluvian...Which until I was 35 years old, I didn't know what that meant."
"Okay, well, I think we've cleared that language up."
"I'm glad you were able to discuss that in layman's term, Representative Cullerton."
"And I appreciate it, too. I always thought penultimate was the last."
"Representative Kulas, do you understand that?"
"I have a question of the Sponsor, yes."
"Proceed."
"Representative McCracken, are you aware that the Governor's Office has formed a task force on this issue comprised of the same people that you have included on...in this Resolution?"
"No, I'm not."
"Well, there is a task force which has been, I presume it's been in existence probably over two months already. There's also a subcommittee in the Energy and Environment/Natural Resources Committee on this same issue that has heard testimony in Springfield and in Chicago already; It's had hearings. Why do we need to form another sub...study committee?"
"My guess is that we want to give those same people 70 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 another chance to consider their position. I'm sure they'll bring a lot of wealth of experience to this new study committee."
"Well, I'm just afraid, Mr. Speaker, Ladies and Gentlemen of the House, that what we're forming is another superfluous group which isn't going to do anything, which won't do anything. They say they've got an excuse that we'll study the problem. All we're doing is duplicating what's being done already. And I would oppose the Amendment and I would oppose the Resolution also."
"Representative McCracken."
"To close?"
"Yes."
"I move that the Amendment be adopted."
"All those in favor of the Amendment signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Representative McCracken on the Resolution."
"Thank you, Mr. Speaker. I am not familiar with whether the Governor has a task force along these same lines or not. This task force, I believe, is interested not only in what may be considered environmental issues generally, but also infectious waste. You may recall in the Spring Session, there was some legislation dealing with restrictions or requirements for the disposal of infectious waste relative to hospital systems, and that was not passed at that time, and I think it's an appropriate subject to study, given the complexity of the nature of the problem. I move the adoption of Senate Joint Resolution 30."
"You heard the Gentleman's Motion. Any discussion? The Gentleman from Cook, Representative Kulas."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the 71 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 House. For the same reason that I spoke against the Amendment, I rise in opposition to Senate Joint Resolution 30. We all...The Governor's already formed a task force, and it's strictly dealing with medical infectious wastes. It doesn't have anything to do with landfills or siding (sic - subsiding) or any other environmental problem. All this task force is dealing with is infectious medical waste. The House Energy Environment and Natural Resource Committee has had hearings and is going to continue working on this issue, and all we're going to be doing is forming another study committee, which is not needed. So I would rise in opposition and I would ask for a Roll Call vote on this Resolution."
"All those in favor of the Amendment (sic - Resolution) signify by saying 'aye'...'aye', opposed 'no'. Representative Kulas requests a Roll Call. All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Gentleman from DuPage, Representative McCracken."
"Speaker, I have no idea what this is all about. I have no idea if the task force from the Governor duplicates this entirely or not. Representative Kubik can't be here this week. He asked me to handle it. I told him that Representative Kulas would be very gracious, I was certain. I have no idea why this is a problem. It's a study committee. It does no harm. It's certainly a worthwhile subject to study, and I would ask for a few 'green' votes, not on my behalf. I will be reelected whether this thing passes or not. But Representative Kubik feels very strongly about this subject, and only because he couldn't be here this week, do I find myself in these shoes."
"The Gentleman from Cook, Representative 72 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 75th Legislative Day Preston."
"Thank you, Mr. Speaker. Would Mr. McCracken answer whether or not if there was some Amendment attached to this Joint Resolution that its failure might cause him not to be reelected?"
"I'd be happy to consider an Amendment for that purpose."
"Have all voted who wish? Have all voted who wish? Have all voted who wish? The Gentleman from Will, Representative Regan."
"Thank you, Mr. Speaker, Members of the House. I don't know if you realize it, to send a strong message that this has to be studied is important, because you don't realize that hospitals right now are burning their toxic waste and all the plastic that's in them and under no Resolution of what they're doing. They have... They're throwing out...(spew-??) throughout the crowded neighborhoods right now. If we don't get intensified burning methods that are safe, if we don't find out how to do it, this is going to be a dangerous thing in the future for everyone around a hospital. So I'd advise a few more votes up there. A study certainly can't cost that much money. I think it's an important thing to do. I know GSU University wanted to carry out that at their campus. I would advise 'red'...'green' votes up there."
"Representative McCracken."
"I ask that it be placed on Postponed Consideration."
"Mr. Clerk. Take the Roll. On this question there are 56 voting 'yes' and 36 voting 'no' and 21 voting 'present'. Representative McCracken asks for Postponed Consideration. The Lady from Cook on... Representative Williamson. Is Representative Williamson in the chamber? Senate Joint Resolution 84. Out of the record? Take it 73 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 out. Supplemental Calendar #1, Representative Brunsvold, Bugielski, Curran, Rone... Ronan and Curran again. Senate Bills - Second Reading - 731, Representative Brunsvold. Representative Brunsvold in the chamber? Are you ready? Mr. Clerk, read the Bill."
"Senate Bill 731, on Supplemental Calendar #1, Second Reading of this Bill. Amendment #1 was adopted previously."
"Are there any further Amendments? Representative Brunsvold."
"Thank you, Mr. Speaker. I believe I have Amendment #3 to House...to Senate Bill 731. It has been distributed."
"Alright. We're going to have to take this out of the record. There seems to be a..."
"That's fine, Mr. Speaker."
"...miscommunication on the sequence of the Amendments 3, 4, 5, Representative Brunsvold. Take it out of the record for a moment, Mr. Clerk. We'll go down on Supplemental Calendar #1 to Conference Committee Reports. Representative Bugielski - McGann, Senate Bill 472. Representative Bugielski, do you want to handle this or Representative McGann?"
"I would yield the microphone to Representative McGann."
"The distinguished Gentleman from Cook, Representative McGann, on Senate Bill 472."
"Alright, thank you, Mr. Speaker, Members of the Assembly and thank you, Representative Bugielski, for allowing us to place House Bill 1571 on your Senate Bill 472. What we have done, we had quite a debate in October in regards to House Bill 1571, which to...take care of the abuse and neglect in our mental health centers throughout the state. 74 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 The Governor amendatorily vetoed the House Bill 1571, and it was felt by the leadership, soforth, that he overstepped his bounds in amendatorily vetoing this 1571. So what we have done is we have placed in implementation all of his recommendations; therefore, it takes any of the objections of the Department out of the Bill. And therefore, I would ask your support this afternoon on Senate Bill 472 and the Conference Committee Report. And by the way, I might add just an hour or two ago, it overwhelmingly passed the Senate. So I'd ask your support on Conference Committee Report #472."
"Any discussion? Hearing none, the question is, 'Shall... Excuse me, Representative McCracken."
"This is a very important Bill, and I want to thank Representative McGann. I know that his heart was with that Override Motion last week, but in the interest of moving ahead in a very important area, we are certainly in support of this. And Representative McGann, thank you for your help in this regard. We're happy to be of assistance."
"The question is, 'Shall the House adopt Conference Committee Report to Senate Bill 472?' And on that question all those in favor signify by voting 'aye', opposed 'no'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Hicks, 'aye'. Have all voted who wish? Mr. Clerk, take the record. On this question there are 116 voting 'yes', none voting 'no' and none voting 'present' and the House does adopt Conference Committee Report to Senate Bill 472 and this Bill, having received the required Constitutional Majority, is hereby declared passed. Representative Curran, Senate Bill 632."
"Thank you, Mr. Speaker."
"Just a minute, Representative. Senate 75 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day Bill... Senate Bill 632."
November 1, 1989 "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I move to concur in the Conference Committee...I'm sorry. I move to adopt the First Conference Committee Report on Senate Bill 632. This Bill now contains the provisions of Senate Bill 10, Senate Bill 333, House Bill 1395 and House Bill 1555. I don't know if there's any...if there's any opposition to this Bill at this point, be glad to answer any questions."
"Representative McCracken."
"I know no one cares but me, but you know all of these Bills were amendatorily vetoed by the Governor. Your side of the aisle ruled that it was not in compliance with your version of what the Constitution says. And now so nobody has to be penalized for it and you can have your cake and eat it too, you want us to help you pass these Bills as amendatorily vetoed. Well, I say no. We're not going to help you pass these Bills. And if the Governor's listening, please listen closely, Governor. Veto these Bills when they get back to you. I want a test. If you guys say that's what the Constitution says, then stick by your guns. Eat your Bills or go to the courts and settle it where it belongs. I say vote 'no'."
"The Gentleman from Warren, Representative Hultgren."
"Has this Conference Committee Report been distributed to the Members? Can you have the Clerk check that, see whether it's been passed around?"
"Representative Hultgren, your question is well taken. The Clerk informs the Chair that this Conference Committee Report has not been passed out. Therefore, Mr. Clerk, take the Bill out of the record. Representative Ronan - Amendatory Vetoes - Senate Bill's 1270, page 7 of 76 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 the Calendar. Representative Ronan."
"Thank you, Mr. Speaker, Members of the House. I move to override the Governor's Amendatory Veto of Senate Bill 1270. This is a Bill that deals with automatic transfers for juveniles. And I'll be glad to answer any questions concerning the legislation."
"Any discussion on the Gentleman's Motion? Hearing none, the question is, 'Shall 1278 (sic - 1270) pass, the specific recommendations for change from the Governor notwithstanding?' All those in favor signify by voting 'aye', opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. Well Representative Homer 'yes', Mr. Clerk. Representative Hicks, 'aye'. Representative Williams, 'no'. Representative Trotter, 'no'. On this ques...On this question there are 91 voting 'yes', 12 voting 'no' and 3 voting 'present'. This Motion, having received the required Three-Fifths Majority, the Motion to override prevails and Senate Bill 1270 is declared passed, the specific recommendations for the change of the Governor notwithstanding. Representative Ronan on Senate Bill 1075 - Conference Committee Reports - Supplemental Calendar #1."
"Mr. Speaker, I move for the...What are we doing on 1075? I'm moving..."
"It's a Conference Committee Report, Representative Ronan."
"I want to...I want to take this Bill back...I want to take the Conference Committee back for an Amendment. DeJaegher's got a...Does he have to amend it or am I...This is now DeJaegher's Bill."
"This is a Conference Committee Report."
"Okay, then what I'd like to do is yield my time to 77 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 Representative DeJaegher so he can explain my Bill."
"Representative DeJaegher."
"Thank you, Mr. Speaker, Members of the Assembly. I move that we accept Conference Committee Report #1 to Senate Bill 1075. I do appreciate cooperation that I got from Representative Ronan. Basically what we're doing incorporating...this Bill, we're accepting the Governor's Amendatory Veto. We're into House Bill 1128. And 1128, in case you're not knowledgeable of it, what we're doing is raising the threshold from 10,000 to 15,000, so that these people can retain home health care services. We also have a provision in House Bill 850 which would provide the funding mechanism for this particular Bill."
"Any discussion? The Gentleman from DuPage, Representative McCracken."
"This is another case of the Amendatory Veto. I ask my colleagues to vote 'no' on this. Let's send a message. This takes 71 votes. It's got an immediate effective date. Let's vote 'no'. And the next time you have an Amendatory Veto you want rule out of compliance, remember tonight. No more votes for these Bills. Period."
"Representative Matijevich."
"Mr. Speaker, I rise, not as a Democrat, but as a Member of this institution. To me, it's a matter of...To me, it's a matter of principle. I have stood strongly against the abuse of the Amendatory Veto power when we had a Democratic Governor. I think there are witnesses to that in this room today. When Governor Walker was Governor, I stood strongly against the abuse of the Amendatory Veto power all the time, whether it was a Republican Governor or a Democratic Governor. So what we are doing, there's no question of the fact that some Amendatory Vetoes do improve a Bill. We admit that. Anybody admits that. But the 78 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 matter of procedure is what is so important. We, as a Legislative Body, then ought to put it into a Bill. We should not be putting legislation to the second floor. Don't forget there may be a Democratic Governor next time. There may be. And probably will be, Cullerton says. And you will stand and I think then, you will understand what we are doing. And believe me, if I'm here next year or two years from now and there's a Democratic Governor, you won't see me backing up a Democratic Governor when he abuses that power. I will stand firm against that abuse."
"The Gentleman from DuPage, Representative McCracken."
"This isn't a question of procedure. We have asked you...or I have asked you in your Rules Committee for some written standards which guides your discretion in arriving at this conclusion of noncompliance. It doesn't exist. I've asked for an explanation of it. It doesn't exist. It's a bunch of baloney. And you're not standing on principle when you pass this legislation in spite of your principles. You kill the amendatorily vetoed Bills, but so your Sponsors, so your friends on that side of the aisle don't suffer the defeat of a Bill, you reenact it in something else and say you're standing on principle. You're not standing on principle. You're not fooling anybody. If you want to stand on principle, vote against this. Stand with your decision as dictated by your reading of the Constitution. That's what you should be doing."
"The Gentleman from Rock Island, Representative DeJaegher."
"I really can't understand the rationale. Basically when this Bill went into Conference Committee, Representative Pullen and Representative Ewing were both in agreement with the Amendatory Veto of the Governor. There 79 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 was one mistake that I made when I made a presentation of this Bill, moving...removing...moving that standard from 10,000 to 15,000. That is not the case. It has to comply with federal standards. The Bill's... The monetary... The appropriation's already been approved. I think that this Bill has been under discussion quite often, and I think all of us realize to this day, that the understand...that income standard has been prevailed for seniors which was $10,000 is a very, very minimal amount. And to deny these persons home health care services because we're going to get into a political hurrah is utterly ridiculous. Hopefully that your mind and your conscience will overcome the objection that some have raised for the implementation of this Bill. And for that reason, I ask you to vote 'green'."
"You heard the Gentleman's request. All those in favor signify by voting 'aye', opposed 'no'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Lady from Champaign, Representative Satterthwaite."
"Mr. Speaker and Members of the House, we all know that there are many people who can benefit from home health care services and by having those home health care services available, it frequently means that they do not have to be hospitalized or go into a nursing home, which would be far more expensive to the state than providing them with a minimal amount that would be necessary for home health care services. If, in fact, we do not support this legislation, we are driving up the cost of government, driving up the cost of health care for people who are needy. And I think that it is a big mistake for us to take our procedural problems out on those people who are vulnerable and will certainly be qualified for these services in one place or 80 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 another. So you decide what the price tag is going to be."
"Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 71 voting 'yes', 24 voting 'no', 18 voting 'present'. Representative McCracken, are you seeking recognition?"
"How did you know? I want to verify this. ...Absolutely not. Absolutely not."
"The Gentleman asks for a verification. Mr. Clerk, proceed with the verification. Representative Lang. Does the Gentleman have leave to be verified? Gentleman has leave. Mr. Clerk, call the absentees."
"A poll of those not voting. Black. Virginia Frederick. Representative Hasara."
"Proceed with the affirmative, Mr. Clerk."
"Poll of the Affirmative. Balanoff. Barnes. Bowman. Breslin. Brunsvold. Bugielski. Capparelli. Cullerton. Curran. Currie. Davis. DeJaegher. Dunn. Edley. Farley. Flinn. Flowers. Giglio. Giorgi. Granberg. Hannig. Hartke. Hicks. Homer. Hultgren. Lou Jones. Shirley Jones. Keane. Krska. Kulas. Lang. Laurino. LeFlore. Leverenz. Levin. Martinez. Matijevich. Mautino. McGann. McNamara. McPike. Morrow. Mulcahey. Munizzi. Novak. Phelps. Preston. Rice. Richmond. Ronan. Saltsman. Santiago. Satterthwaite. Shaw. Steczo. Stern. Sutker. Terzich. Trotter. Turner. Van Duyne. Weaver. White. Williams. Williamson. Wojcik. Wolf. Woolard. Anthony Young. Wyvetter Younge and Mr. Speaker."
"Questions of the affirmative. Representative Klemm."
"Thank you, Mr. Speaker. Would you change my vote from 'no' to 'present'." 81 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989
"Mr. Clerk, change Representative Klemm's from 'no' to 'present'. Representative Stephens."
"Ditto."
"Change Representative Stephens vote from 'no' to 'present', Mr. Clerk. Representative Hensel... from 'no' to 'present'. Representative White."
"'No' to 'present'."
"'No' to 'present'. Representative Hultgren. Change Representative Hultgren's from 'aye' to 'no'. Questions of the affirmative. Representative McCracken."
"Representative Leverenz?"
"Representative Leverenz. Is the Gentleman in the chamber? How is the Gentleman recorded, Mr. Clerk?"
"The Gentleman is recorded as voting 'aye'."
"Remove the Gentleman from the Roll Call. Representative McCracken."
"Representative Keane?"
"Representative Keane. Representative Jim Keane. How is the Gentleman recorded, Mr. Clerk?"
"The Gentleman is recorded as voting 'aye'."
"Remove the Gentleman from the Roll Call."
"Representative Farley?"
"Representative Farley. Is Representative Farley in the chamber? How is the Gentleman recorded, Mr. Clerk?"
"The Gentleman is recorded as voting 'aye'."
"Remove the Gentleman from the Roll Call."
"Representative Van Duyne?"
"Representative LeRoy Van Duyne. How is the Gentleman recorded, Mr. Clerk?"
"The Gentleman is recorded as voting 'aye'."
"Remove the Gentleman from the Roll Call."
"Representative Shaw?"
"Representative Shaw. Representative Shaw in the 82 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day chamber? November 1, 1989 How is the Gentleman recorded, Mr. Clerk?"
"The Gentleman is recorded as voting 'aye'."
"Remove the Gentleman from the Roll Call."
"Representative Laurino?"
"Representative Laurino in the chamber? Representative Laurino. How is the Gentleman recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove the Gentleman from the Roll Call. Representative Hartke, you're seeking recognition? Leave to be verified?"
"Yes."
"Gentleman have leave? Leave is granted."
"Representative Steczo?"
"Steczo is in his chair."
"Representative Granberg?"
"Representative Granberg. Granberg in the chamber? He's in his chair."
"Representative Dunn?"
"Representative John Dunn. Representative Representative John Dunn in the chamber? How is the Gentleman recorded, Mr. Clerk?"
"The Gentleman is recorded as voting 'aye'."
"Remove the Gentleman from the Roll Call. Representative McCracken."
"Representative Wyvetter Younge?"
"Representative Wyvetter Younge is in her chair."
"Oh, I'm sorry. Representative Lou Jones?"
"Lou Jones is next to Representative Williams."
"Representative Homer?"
"Representative Homer. Representative Tom Homer chamber, in the chamber? He's in the back of the Representative McCracken."
"Alright. Nothing further." 83 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
November 1, 1989 "Representative Ropp. Vote Representative Ropp 'present'. Representative Hallock, 'present'. Representative Wait, 'no'. Excuse me. Representative Ackerman, 'present'. Representative DeJaegher."
"Thank you, Mr. Speaker. As long as there's a legislative process, it's my desire that seniors will not be denied. This is a very important piece of legislation for seniors. It's not a detriment to any party. It's an asset to those that basically need. And for this, I ask..."
"Excuse me, Representative. Excuse me. Representative McCracken."
"...and for this I ask for Postponed Consideration and hopefully that this Bill will be considered tomorrow and passed tomorrow."
"Representative... Representative McNamara."
"Yes, I didn't change my vote, but all of a sudden my switch has changed. I am an 'aye'. I remain an 'aye'. I don't appreciate my vote being changed up there without me changing it. It is an 'aye'."
"Alright, the Clerk informs me there's something wrong with your switch. Try it now. Mr. Clerk, get Representative McCracken...or McNamara. Fine. McNamara, 'aye'. McNamara, 'aye'. Ackerman wants to go 'present'. That's correct. Representative John Dunn, 'aye'. The Gentleman asks...Representative Leverenz, 'aye'. Representative Frederick."
"Yes, Mr. Speaker. May I be recorded as 'present'?"
"Record Representative Frederick 'present'. Representative McNamara, are you voting 'aye' now? Representative DeJaegher requests that the Bill be put on Postponed Consideration. Postponed Consideration. Representative McCracken." 84 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
November 1, 1989 "If he's... If his original Bill, the one that was amendatorily vetoed is still around, he can vote for that. We'll all vote to accept that and then the seniors will be saved. I, for one, want to save the seniors. So why don't we vote for the Amendatory Veto and get this behind us. Yea, we're for seniors. We're for seniors. Yea, we're for seniors."
"I understand we have the Roll Call on the senior Bill, Representative McCracken. Postponed Consideration. House... Senate Bill 1451, Representative Bugielski Capparelli. Conference Committee Report Senate Bill 1451."
"I'd like to refer this to Representative Mautino."
"The Gentleman from Bureau, Representative Mautino, on Senate Bill 1451."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1451 establishes the Upper Illinois River Valley Development Authority which provided for the opportunity for a five count area of Grundy, LaSalle, Bureau, Putnam and Marshall to establish economic development within that geographic area in consort with the Illinois River Valley development that was a part of the rural revival. This legislation passed overwhelmingly in the House. There was no opposition in the House. There was virtually no opposition in the Senate. The Governor made one change. Of the 14 members appointed by the Governor, nine...by the...to the Authority, nine will be appointed by the Governor and five members appointed, one each, by the member...the chairman of the county board of the counties involved. I move for the adoption of Conference Committee Report to Senate Bill 1451."
"Any discussion? The Gentleman from Cook, Representative Piel." 85 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
"Thank you, question?" November 1, 1989
Mr. Speaker. Will the Gentleman yield for a Speaker Giglio: "Indicates he will."
"Dick's on this, the way I'm reading this Conference Committee Report, if the Authority issues bonds and they default on the bonds, cannot pay the interest on them, cannot pay the principal on them, what recourse does the Authority have then?"
"Well, it's the same language that's in the Illinois Finance Development Authority, I believe, and two other areas of statute. We took it from our existing development authorities. For example, the basis for bonds is on projects that will stand alone, and the revenues generated from those projects will pay the outstanding indebtedness which would be the debt service and the interest and the principal on whatever portion of bonds were left. That's basically it." Piel: to "But if they are not able to... The way I read this, if they are not able pay the interest or principal on these bonds, they can go to the Legislature and have that money appropriated to pay off their bonds. Correct?"
"That's exactly how it is in the other parts of the statutes with development authorities. It's identical."
"Thank you."
"The Lady from Kane, Representative Deuchler."
"Would the Sponsor yield for a question, please?"
"He indicates he will."
"Representative Mautino, you mentioned the counties that were involved, but I didn't hear you say which counties they were."
"The counties are Grundy, LaSalle, Bureau, Putnam and Marshall. It's part of the Illinois River...it's the river that...the Illinois River touches and goes through those 86 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 five counties. It's part of the river development concept and the rural revival presented by Lieutenant Governor George Ryan in conjunction with the Rural Bond Bank. This is the second end of that program and it's the counties that abut the Illinois River."
"Was there...where does the airport aspect enter in here?"
"Pardon?"
"Airports."
"It does not enter in anywhere. There was concern about eminent domain. That was removed from the Bill. There was concern about the expansion of an airport within the authority. That was removed as well. In fact, the taxing powers were taken out of the authority as well, so there's no opposition to this legislation that I know of."
"Thank you."
"The Gentleman from DuPage, Representative McCracken."
"Inquiry of the Chair. As this gives bonding authority, does it require 71 votes to pass? Bonding authority, requires extraordinary an majority, does it not?"
"Representative McCra... Representative Mautino."
"It is my understanding that..."
"No, I have a question of the Parliamentarian. Is it 71 votes? It's a three-fifths vote requirement because of bonding authority. That's my question."
"Alright, Representative McCracken, we'll have the Parliamentarian look at the Bill. Representative McCracken, the Parliamentarian informs the Chair that these are not regular general obligation bonds of the state and therefore this Bill requires 60 votes. Representative McCracken." 87 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
"Thank you. November 1, 1989 This also is the subject of an Amendatory Veto which was ruled in noncompliance. I ask the Republican Members to join with me and vote in opposition or 'present' as a sign of our commitment to the Constitution of the State of Illinois."
"Representative Mautino to close."
"No, there are challenges that tug and pull at everyone's heartstrings towards the end of a Session. And Mr. McCracken, maybe you're correct in your evaluation, but we all have times when we've got to do what we think is right, and sometimes we have to follow Leadership. I mean, you remember some of those times when you had to follow Leadership, and sometimes you followed it blindly even though it was over a cliff. Well, we all have those little situations to address. I happen to agree that when the initial authority was established, the majority of Members were provided by local county board chairmen of the counties involved. That change that the Governor proposed put all of the majority of appointments under the Governor's provisions. So, I decided to accept that with a new Bill. I cleared it with, I thought the Governor's people who felt that this was one way that it could be accomplished, and I know that there are those of you that will very cautiously look at this type of legislation. But, what it does, it's an area that says we want to help ourselves, we're on the Illinois River, we want to do something. We're not coming down looking for any handouts. And I think it's a good economic development tool for those five counties involved, since most of the state agencies don't provide any assistance or funding through the Illinois Finance Development Authority in that specific area of the state. I think they deserve to have the opportunity to do what they feel is correct and provide 88 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 sound judgments. So, I move for the adoption of Conference Committee Report #1 to Senate Bill 1451."
"Question is, 'Shall the House adopt Conference Committee Report to Senate Bill 1451?' And on that, all those in favor vote 'aye', opposed 'no'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there's 73 voting 'yes', 10 voting 'no', 30 voting 'present' and the House does adopt Conference Committee Report to Senate Bill 1451, and this Bill having received the required Constitutional Majority, is hereby declared passed. Supplemental Calendar #2 on Motions, House Bill 313. Representative Mautino moves to take from the Table, suspend Rule 79(e) and place on the Order of Conference Committee Reports. All those in favor signify by saying 'aye'... Representative McCracken."
"This requires 71 votes because it's a House Bill. Is that correct? And the purpose of this is to pass something that was amendatorily vetoed?"
"No. It's to allow liquor to be sold at an establishment..."
"Alright. Well, that's a different matter see. I was just curious."
"Well, you have a right to inquire, Representative. All those in favor signify by saying 'aye', opposed 'nay'. By the Attendance Roll Call, Mr. Clerk? No. Take a Roll Call. Mr. Clerk. All those in favor of the Gentleman's Motion vote 'aye', opposed 'no'. The voting is open. Have all voted who wish? Mr. Clerk, take the record. On this question 103 voting 'yes', 1 voting 'no' and 4 voting 'present' and the Gentleman's Motion carries. Representative Mautino, are you seeking 89 75th Legislative Day recognition? STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 Proceed. It hasn't been printed or distributed. That's what your inquiry is?"
"Yes."
"Alright. On Motions, House Bill 416. Representative Curran moves to take from the Table and suspend Rule 79(e) and place on the Order of Conference Committee Reports. On that, Representative McCracken. On Supplemental Calendar #1 on the back side."
"No, this is for an Amendatory Veto. This will take 71 votes because it's a House Bill. I ask my colleagues to vote 'no' or 'present' on the Motion. Ask for a Roll Call vote."
"The Gentleman from Lake, Representative Matijevich."
"I would apprise some on that side of the aisle, this is the Bill that some of you came running over to me and said, 'What Bill are you going to put on the Vocational Education Bill?' Senate Bill 112 and this is it. So, I got a hunch that some of you are going to vote with us, Tom McCracken, notwithstanding and the Governor notwithstanding."
"Representative McCracken."
"We're for vocational education. I have a compromise we can all live with. Call the Bill that was amendatorily vetoed and let's pass it as amendatorily vetoed. That's something we can all live with."
"Representative Curran, do you want to take this out of the record? Take it out of the record. Mr. Clerk. On page...on Supplemental Calendar #1, Senate Bills Second Reading, appears Senate Bill 731, Representative Brunsvold. Mr. Clerk, read the Bill. Mr. Clerk, read the Bill."
"Senate Bill 731, a Bill for An Act to amend an Act concerning leave for firemen and firefighters. Second 90 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, offered by Representative McAuliffe."
"Representative Brunsvold, do you know what the Amendment does? Chair's looking at Amendment #2, Representative Brunsvold. You have Amendment #3. Is that correct? Representative Brunsvold."
"Mr. Speaker, Amendment #3 will gut the Bill. Maybe Amendment #2 ought to be withdrawn."
"Well, it's McAuliffe's Amendment. Unless McCracken wants to move in lieu of Representative McAuliffe to table Amendment #2, and we'll adopt Amendment #3. Alright. Representative Brunsvold moves that Amendment #2 be tabled. All those in favor signify by saying 'aye', 'nay'. Opinion of the Chair the 'ayes' have it, Amendment #2 is tabled. Mr. Clerk, are there further Amendments?"
"Floor Amendment #3, offered by Representative Brunsvold."
"Representative Brunsvold on Amendment #3. Amendment #3, Representative Brunsvold. Representative Brunsvold."
"Mr. Speaker, could we take this out of the record for a minute till we get some provisions cleared up?"
"Mr. Clerk, read the Bill a second time. It's been read, the Bill's on the Order of Second Reading. The Bill's been read a second time. Mr. Clerk, take the Bill out of the record. Held on the Order of Second Reading. Alright, 731's been held. Representative Brunsvold."
"Mr. Speaker, withdraw Amendment #3, please." 91 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
"Mr. Clerk, withdraw Amendment #3. Are there further Amendments?"
"Floor Amendment #4, offered by Representative Kulas."
"Representative Kulas on Amendment #4."
"Well, withdraw Amendment #4."
"Withdraw Amendment #4, Mr. Clerk. Are there further Amendments?"
"Floor Amendment #5, offered by Representative Kulas."
"Representative Kulas on Amendment #5."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #5 is actually House Bill 1185 with the Amendatory Veto of the Governor, which the changes that the Governor made...which unanimously passed the House and the Senate. And I would move for it's adoption."
"You heard the Gentleman's Motion. And on that, Representative McCracken."
"I'm happy to support the Amendment, because when this Bill gets to Third Reading it'll take 71 votes to pass. And this is also a matter that has been amendatorily vetoed, so when it comes up tomorrow we'll be in a position to kill it. So, I'm all for this Amendment."
"All those in favor of the Amendment signify by saying 'aye', opposed 'nay'. In the opinion of the Chair the 'aye's have it, the Amendment's adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. Representative Matijevich."
"Yes."
"Wait a minute. Hold on. Mr. Clerk, the Chair erred. Senate Bill 731 should be on the Order of Second Reading and held. On page 2 of the Calendar under 92 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 Bill...Senate Bills Third Reading, appears Senate Bill 1403. The Gentleman from St. Clair, Representative Flinn."
"Well, I think the Lady from Cook, Representative Stern, will have to move that back to Second. I have an Amendment for it."
"Representative Stern."
"I'm the Sponsor of that, Sir. I just wanted to move it back to Second Reading for Amendments."
"The Lady asks leave to move Senate Bill 1403 back to the Order of Second Reading. Does she have leave? Hearing none, leave is granted. Mr. Clerk, read the Bill."
"Senate Bill 1403, a Bill for An Act to amend an Act to revise the law in relation to the election of county commissioners. This Bill has been read a second time previously. Floor Amendment #1, offered by Representative Flinn."
"The Gentleman from St. Clair, Representative Flinn."
"Thank you, Mr. Speaker. Mr. Speaker and Ladies and Gentlemen of the House, Amendment #1 offers to change a flaw in the law which prevents the County Board Chairman in St. Clair County and DuPage County from running for a four year term in this centennial year...I mean this census year. What the Amendment proposes to do is to correct that flaw and let the County Board Chairman of St. Clair County in 1990, be a candidate rather in 1990, and the candidates in DuPage County run for a four year as opposed to a two year term. It was an unintentional thing we left in the law back in 1980, and I would move for the adoption of the Amendment."
"Any discussion on the Gentleman's Motion? Hearing none, all those in favor of the Amendment signify by saying 'aye', opposed 'nay'. In the opinion of the 93 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 Chair the 'ayes' have it, the Amendment's adopted. Are there further Amendments?"
"Floor Amendment #2, offered by Representative Mautino and Countryman."
"Representative Mautino, Representative Countryman. Representative Countryman."
"Well, thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #2...yeah...this Amendment is at the request of the State Board of Elections to clarify some provisions we passed...in the Bill we passed last year. And it just puts a few clarifications in there at their request and I move it's adoption."
"Any discussion on the Amendment? Hear...the Gentleman from Winnebago, Representative Giorgi."
"Would he yield for a question?"
"Representative Countryman, Representative Giorgi would like to ask you a question. Proceed."
"Can we withdraw this Amendment?"
"Withdraw Amendment #2. Are there further Amendments, Mr. Clerk?"
"Floor Amendment #3, offered by Representative Countryman."
"Amendment #3, Representative Countryman."
"Amendment #3 is an Amendment that deletes some language we put in the law last year that the absentee ballots have to be on a form printed by the election authority. And it can be on any form prescribed by the State Board of Elections or the election authority, so that the election authority does not actually have to duplicate every application for absentee ballot. And it would bring us into compliance with the federal law."
"Representative Giorgi."
"Will he yield for a question?" 94 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
"He indicates he will." November 1, 1989
"Representative Countryman, what is the genesis for this Amendment?"
"State Board of Elections caught in one of our previous Bills that we had really required that every application for an absentee ballot must be printed by the election authority. And they want to put it on a form prescribed by them so that they can be printed by literally everybody or really copied on a copy machine. My county clerk gives me a few of the blank forms and generally I put it on the copy machine and be able to hand it out to people and so forth."
"Hey, has your county clerk asked you to introduce this legislation?"
"No, Sir."
"Any election authority ask you to introduce this legislation?"
"I had discussions with the State Board of Elections." Speaker, I think this is a bad Amendment. I
"Well, Mr. don't think the local election authorities need more...need the State Board of Elections moving in on their territory and their prerogatives. And I think that this is a bad precedent. It isn't necessary, it isn't needed, it won't speed up elections, it won't make elections any 'honester', so I think that we ought to defeat this Amendment."
"Further discussion? The Gentleman from Lee, Representative Myron Olson." Olson, M.: "Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This is indeed a good Amendment. We have consistently in this state, both by statute and intent, have been designed to have a statewide authority relative to election law. The initiative which is being offered 95 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 here is fully in line with that intention, and by having the standard form, we will be serving everybody well. We shouldn't have a 102 county clerks going off in different directions. We have made major steps in election law both this spring and five years ago when we made deputy registrars readily available to both business, labor and all the other elements, and this is just one more step in that picture. So, I would carefully urge your consideration and adoption of this Amendment. Thank you, very much."
"Further discussion? The Gentleman from Cook, Representative Cullerton."
"Yes. I really can't find the words to express how much I am opposed to this Amendment. It sounds to me like it's a Gubernatorial Noncompliance Amendment and I think it really violates the process to come in here this late and try to use a Democratic sponsored Bill to try to pass an Election Code change without having a lot of Committee Hearings. And so, I think we should vote against this Amendment, and I hope everyone on this side of the aisle joins with me. In fact I imagine a few people on the other side of the aisle can join with me as well and vote 'no'."
"The Gentleman from DeKalb, Representative Countryman to close."
"Well, thank you, Mr. Speaker. I'm really amazed and I'm shocked. I'm really set back. First of all, this doesn't have anything to do with an Amendatory Veto and that's a deception, really. I cleared this with the Sponsor of the Bill this morning. I discussed it with her at length and matter of fact she used to be a county clerk when I was with the Board of Elections, and we dealt with these sorts of problems and we dealt with this honestly. And the honest thing is, we passed something we didn't 96 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 intend and that is that none of us can put on our copy machine an application for absentee ballot, and we can't make another copy so two people can sign one and send it to the...to their respective clerk to get an application for an absentee ballot. Now all this Amendment does is it says the form will be prescribed by the State Board of Elections and it eliminates the language that says, 'Duplication of such form by the municipal, township or road district clerk is prohibited.' It eliminates that language. Now, if you vote against this Amendment, what your voting against is peoples' right to vote. And if that's what the Democrats in this Body want to do, then you take away the right to vote absentee from the people of this state. And then, believe me, the press ought to rise up and pay attention to what we're doing to the electoral process, because democracy with a small 'd' will be eliminated by your vote. I ask for an 'aye' vote and I ask for a Roll Call."
"You heard the Gentleman's request. All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Dunn, 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Cullerton, for what purpose do you rise?"
"I'm going to have to ask for a verification if it prevails."
"Have all voted who wish? Mr. Clerk, take the record. On this question there are 55 voting 'yes' and 53 voting 'no' and 2 voting 'present'. The Gentleman requests a verification of the Roll Call. Mr. Clerk, proceed with the verification."
"Ackerman. Barger. Barnes. Black. Churchill. Countryman. Cowlishaw. Daniels. Deuchler. Didrickson. Doederlein. Ewing. Frederick. Goforth. Granberg. 97 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 Hallock. Harris. Hasara. Hensel. Hoffman. Hultgren. Johnson. Kirkland. Klemm. Leitch. Mautino. Mays. McAuliffe. McCracken. Mulcahey. Bob Olson. Myron Olson. Parcells. Parke. B. Pedersen. W. Peterson. Petka. Phelps. Piel. Pullen. Regan. Ropp. Ryder. Sieben. Stange. Stephens. Stern. Tate. Wait. Weaver. Weller. Wennlund. Williamson. Wojcik and Zickus."
"Representative Countryman."
"If this should change and be necessary, I'd ask to verify the negative."
"Representative Breslin votes 'no'. Representative Goforth asks to be verified. Does he have leave, Representative Cullerton? Leave is granted. Any questions of the Roll Call?"
"Yes. Representative McAuliffe?"
"Representative McAuliffe? Representative McAuliffe in the chamber? How's the Gentleman recorded?"
"The Gentleman's recorded as voting 'aye'."
"Remove the Gentleman from the Roll Call."
"Representative Johnson?"
"Representative Johnson? Representative Johnson in the chamber? How's the Gentleman recorded?"
"The Gentleman's recorded as voting 'aye'."
"Remove the Gentleman from the Roll Call. Representative DeJaegher. Record Representative DeJaegher as 'no', Mr. Clerk. Representative Cullerton."
"I'm trying to think who else plays basketball. How about Representative Harris?"
"Representative Harris in the chamber? Representative Harris. How's the Gentleman recorded?"
"The Gentleman's recorded as voting 'aye'."
"Remove the Gentleman from the Roll Call."
"Representative Wennlund?" 98 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989
"Representative Wennlund? Representative Wennlund is in back of Representative Piel."
"Don't you have to be in your chair though? Aren't you suppose to be in your seat? Or just in the chamber? Representative... Representative Robert Olson?"
"Representative Robert Olson? Representative Olson in the chamber? He's in the front, front of Representative Wait."
"I haven't done this for so long, I don't recognize some of these people. How about Representative Churchill?"
"Representative Churchill? Churchill in the chamber? Representative Churchill in the chamber? How's the Gentleman recorded, Mr. Clerk?"
"The Gentleman is recorded as voting 'aye'."
"Remove the Gentleman from the Roll Call. Representative Martinez asks leave to be verified. Does he have leave? Representative Countryman, Representative Martinez isn't feeling well. He asks to be verified. Does he have leave to be verified if you verify the negative? Representative Martinez. Alright. Representative Churchill has returned. Return Representative Churchill to the Roll Call. Representative Cullerton."
"Representative Phelps?"
"Representative Phelps? Is Representative Phelps in the chamber? How's the Gentleman recorded, Mr. Clerk?"
"The Gentleman is recorded as voting 'aye'."
"Remove the Gentleman from the Roll Call. This... Representative Hoffman, are you seeking recognition? Representative Hoffman. Leave to be verified. The...there's been a lot of requests of when we're going home. This was suppose to be our last Bill, so take it for what it's worth. Representative Satterthwaite. Vote Representative Satterthwaite 'no'. Representative 99 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 75th Legislative Day Cullerton."
"Yes. Well, I think if we can just ask if there's anybody else over there who knows of anybody that's not here. If they could just indicate right now if there's anybody that's voting 'aye' who they know is not here, if you could just let me know, cause I don't have anybody else unless there's some volunteers."
"Mr. Clerk, what's the count? 51 voting 'aye', 56 voting 'no' and 2 voting 'present'."
"There's some people who are not all here."
"Now there's a request to verify the negative. Representative Countryman. Poll the negative votes, Mr. Clerk."
"Balanoff. Breslin. Brunsvold. Bugielski. Capparelli. Cullerton. Curran. Davis. DeJaegher. Edley. Farley. Flinn. Flowers. Giglio. Giorgi. Hannig. Hartke. Hicks. Homer. Lou Jones. Shirley Jones. Keane. Krska. Kulas. Lang. Laurino. LeFlore. Levin. Martinez. Matijevich. McGann. McNamara. McPike. Morrow. Munizzi. Novak. Preston. Rice. Richmond. Ronan. Saltsman. Santiago. Satterthwaite. Shaw. Steczo. Sutker. Terzich. Trotter. Van Duyne. White. Williams. Wolf. Woolard. Anthony Young. Wyvetter Younge and Mr. Speaker."
"Questions of the negative? Representative Countryman."
"Representative Farley?"
"Representative Farley? Is Representative Farley in the chamber? How's the Gentleman recorded, Mr. Clerk?"
"The Gentleman is recorded as voting 'no'."
"Remove the Gentleman from the Roll Call."
"Representative... Oh, I see him there. Representative Leverenz?" 100 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
November 1, 1989 "Representative Leverenz? Is Representative Leverenz in the chamber? How's the Gentleman recorded, Mr. Clerk?"
"The Gentleman is recorded as not voting."
"The Gentleman is not voting. Representative Ronan, for what purpose do you seek recognition, Sir?"
"Yeah, Mr. Speaker, I switch my vote from 'no' to 'aye'."
"Vote Representative Ronan from 'no' to 'aye', Mr. Clerk. Representative Countryman."
"Representative Laurino?"
"Representative Laurino? How's the Gentleman recorded?"
"The Gentleman's recorded as voting 'no'." "Remove the Gentleman from the Roll Call."
"Representative McGann?" "Representative McGann? Representative Andrew McGann? Is the Gentleman in the chamber? How's the Gentleman recorded, Mr. Clerk?"
"The Gentleman's recorded as voting 'aye'." "Remove the Gentleman from the Roll Call."
"Representative McNamara?"
"Representative John McNamara? He's in the back of the chamber, Representative Countryman."
"Oh, he's on the Republican side. That's where he ought to be. Representative Kulas?"
"Representative Kulas is in his chair."
"Representative Van Duyne?"
"Representative Van Duyne? Is Representative Van Duyne in the chamber? Representative LeRoy Van Duyne? How is he recorded, Mr. Clerk?"
"The Gentleman's recorded as voting 'no'."
"Remove Representative Van Duyne and restore Representative Andrew McGann to the Roll Call." 101 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989
"Representative Breslin?"
"Representative Breslin? The Lady's in her chair."
"Representative Capparelli?"
"Representative Capparelli is in the back of the chamber. Van Duyne has returned. Restore Representative Van Duyne to the Roll Call and Representative Capparelli."
"I'm sorry, Mr. Speaker, I didn't see Representative Capparelli."
"Representative Capparelli is in the center behind Gary LaPaille. Raise your hand, Representative Capparelli."
"Oh, I see him, I see him. Okay."
"He has a bad hip. He has to exercise and move around a little bit."
"And he's about as tall as Gordie Ropp."
"Well, remember he had that bicycle accident. Welcome him back."
"That's right. That's right. Representative Homer?"
"Representative Tom Homer? He's in the center aisle."
"Representative Lang?"
"Representative Lang is talking to Representative Sutker."
"Representative Bugielski?"
"Representative Bugielski is in his chair."
"Oh, I see him. Okay. I'm sorry. Representative Anthony Young?"
"Representative Anthony Young is talking to Representative Stern's seatmate."
"Representative Mulcahey?"
"Representative Mulcahey? Is Representative Mulcahey in the chamber? How's the Gentleman recorded? 102 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day Representative Mulcahey, Mr. Clerk."
"I'm sorry, he's voting 'yes'."
"He's voting 'green'?" November 1, 1989
"The Gentleman is recorded as voting 'aye'."
"The Gentleman's recorded as voting 'aye'. Restore Representative John Dunn to the...the 'no'? Change Representative John Dunn from 'aye' to 'no', Mr. Clerk. Representative Turner votes 'no'."
"No further questions."
"Representative Countryman."
"No further questions."
"On this question there are 52 voting 'yes', 55 voting 'no' and none voting 'present' and the Amendment fails. Are there further Amendments?"
"Floor Amendment #4, offered by Representative Stern."
"The Lady from Lake, Representative Stern, on Amendment #4."
"I'd like to withdraw Amendment #4."
"Withdraw Amendment #4, Mr. Clerk. Are there further Amendments?"
"No further Amendments."
"Spons...It's been read a second time. The Sponsor requests that the Bill be held on Second Reading, Mr. Clerk. Representative Matijevich."
"Yes, Mr. Speaker, I would ask leave of the Body in use of the Attendance Roll Call to waive the posting notice for Senate Bill 97, Senate Bill 1072, so that the aforesaid Bills may be heard in Rules Committee tomorrow morning, Speaker's Conference, at 9:55 a.m."
"You heard the Gentleman's Motion. All those in favor say 'aye', opposed 'no'. Motion carries. Representative McCracken. Representative Peterson moves to 103 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 suspend Rule 37(g) and extend Third Reading deadline on Senate Bill 1466, through March 7th, 1990. You heard the Gentleman's Motion. All those in favor signify by saying 'aye', opposed 'no'. In the opinion of the Chair the 'ayes' have it and the Motion carries. By the use of the Attendance Roll Call, Senate Bill 1416 (sic - 1466), the Motion is adopted. Page 2 of the Calendar, Senate Bills Third Reading, appears Senate Bill 1175, Representative Hasara."
"Thank you, Mr. Speaker. I need to move the Bill back to Second Reading for purposes of an Amendment."
"The Bill's on Second Reading, Representative Hasara."
"Okay, thank you. It was taken out of the record."
"Mr. Clerk. Yes. Mr. Clerk, any Amendments?"
"Floor Amendment #1, offered by Representative Hasara."
"The Lady from Sangamon, Representative Hasara."
"Thank you, Mr. Speaker. I had explained the Amendment before it was taken out for distribution. Basically, it brings our Illinois Crime Victim's Compensation Act in compliance for federal law. The Act is under the jurisdiction of the Attorney General. I move for its adoption."
"Any discussion? Hearing none, all those in favor of the Amendment signify by saying 'aye', opposed 'nay'. In the opinion of the Chair the 'ayes' have it, the Amendment's adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. Agreed Resolutions."
"House Resolutions: 1069, offered by Representative Shirley Jones; 1074, Johnson; 1075, Tate; 1076, Johnson; 1077, Curran; 1078, Hultgren; 1079, 104 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 Hultgren; 1081, Williamson; 1083, Bowman; 1085, Weller; 1086, Weller; 1087, Weller; 1088, Wennlund; 1089, Balanoff; 1090, Balanoff; 1091, Balanoff; 1092, Harris; 1093, Countryman; 1094, Hoffman; 1096, DeJaegher; 1097, Novak; 1098, Harris; 1099, Harris; 1100, Ronan; 1101, Capparelli; 1102, Trotter; 1103, Williamson; 1104, Hultgren; 1106, McPike; 1107, Weller; 1108, Weller; 1109, Weller; 1110, Steczo; 1113, Hoffman; 1114, Black; 1115, Goforth; 1116, Ronan; 1118, Dunn; 1119, Hultgren; 1120, Bowman; and, Senate Joint Resolution 103, Leitch; Senate Joint Resolution 105, Stange."
"Representative Matijevich."
"Yes, Mr. Speaker, we've examined the Resolutions, they're agreed to. And I would point out that 1113 congratulates Lee Daniels on becoming President of the National Conference of State Legislatures, and we congratulate him on that. And I move the adoption of the Agreed Resolutions."
"You heard the Gentleman's Motion. All those in favor signify by saying 'aye', opposed 'nay'. In the opinion of the Chair the 'ayes' have it and the Resolutions are adopted. Representative Hallock."
"Yeah, if I could, I'd like to say a few words on House Resolution 1113 for Representative Lee Daniels. You know many of us who are active in some statewide and nationwide organizations, of course active in our local communities too, well Lee Daniels as we all know has been active for years in the NCSL. He's been just recently elected as Chairman of the NCSL and President thereof. And I think on behalf of all Members of the Illinois House to have one of our own, Lee Daniels, our outstanding House Republican Leader, now serving in that capacity with NCSL is a tremendous honor not only for us in the General Assembly, 105 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 but for the whole State of Illinois. And so, as one of the joint Sponsors of this Resolution I just want to say that I ask that all Members of the House be added as Cosponsors and commend Lee Daniels for that new honor."
"All in favor of the Gentleman's Motion signify by saying 'aye', opposed 'nay'. In the opinion of the Chair the 'ayes' have it and all Members of the House will be Cosponsors. Death Resolutions."
"House Resolution 1070, offered by Representative LeFlore. With respect to the memory of John LaMar Hogan; House Resolution 1071, offered by Representative LeFlore. With respect to the memory of Boury Mae Jefferson; House Resolution 1072, offered by Representative Morrow. With respect to the memory of Arthur Paris Lindsay, Jr.; House Resolution 1073, offered by Representative Shaw. With respect to the memory of Victor E. Camp, Jr.; House Resolution 1080, offered by Representative Hultgren. With respect to the memory of Glenn T. Algren; House Resolution 1082, offered by Representative LeFlore. With respect to the memory of Lawrence Friend, Jurdine Friend and Lawrence Friend, Jr.; House Resolution 1095, offered by Representative Morrow. With respect to the memory of Pamela Faye Sulton; House Resolution 1105, offered by Representative Stephens. With respect to the memory of Louis A. Schlaefer, Sr.; House Resolution llll, offered by Representative Anthony Young. With respect to the memory of Annie Williams; House Resolution 1112, offered by Representative Anthony Young. With respect to the memory of Kenneth Maurice Wayne, Jr.; House Resolution 1117, offered by Representative Williams. With respect to the memory of Eugene C. Doyle."
"Representative Matijevich moves that the Resolutions be adopted. All those in favor signify by 106 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day November 1, 1989 saying 'aye', 'nay'. Opinion of the Chair the 'ayes' have it. Death Resolutions are adopted. General Resolutions."
"House Resolution 1084, offered by Representative Cowlishaw and House Joint Resolution 77, offered by Representative Hoffman."
"Representative Matijevich moves...Committee on Assignments. Death Resolution of a former Member."
"House Resolution 1054, offered by Representatives Ewing, Matijevich, Hoffman, Giorgi. 'WHEREAS, The members of this body were deeply saddened by the recent death of a former colleague, Carl J. Hunsicker, of Pontiac; and WHEREAS, Born on a farm near Graymont, Illinois, on November 8, 1904, Carl Hunsicker was educated in Livingston County schools; and WHEREAS, Carl Hunsicker served as a member of the Illinois House of Representatives for 6 terms, representing the people of the 38th and 40th Districts; and WHEREAS, For 14 years, Carl Hunsicker served as alderman on the Pontiac City Council, and for 10 years, he was chairman of the finance committee; and WHEREAS, From 1951 to 1961, Carl Hunsicker was Supervisor of Pontiac Township and a member of the Livingston County Board of Supervisors, and he served as chairman of the finance committee on the County Board; and WHEREAS, Carl Hunsicker served as a public member of the State County Problems Commission from 1957 to 1961 and on Pontiac Area Planning Commission from 1956 to 1961; and WHEREAS, In addition, Carl Hunsicker was owner and manager of 107 STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day a farm for 30 years; and November 1, 1989 WHEREAS, Carl Hunsicker leaves a proud heritage to mourn his passing in the persons of his wife, Elizabeth; 3 stepdaughters: Martha, Genelle and Marilyn; a stepson, William; thirteen step-grandchildren; ten step-great-grandchildren; a sister, Minnie; and a host of other close relatives and friends; and WHEREAS, It is certain that the love and warmth Carl Hunsicker shared with all he knew will long be remembered and treasured by family and friends alike; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we express our profound sorrow upon the death of Carl Hunsicker; that we join with those individuals who mourn the loss of a close friend; and that we extend our heartfelt sympathy to his family and be it further RESOLVED, That a suitable copy of this preamble and resolution be presented to Elizabeth Hunsicker, as a formal indication of our mutually shared sense of loss.' And as a further sense of loss the House will now stand adjourned."
"The Gentleman from Livingston, Representative Ewing."
"Mr. Speaker, Ladies and Gentlemen of the House, Carl Hunsicker was my predecessor in office and I had the privilege of taking his place here in this General Assembly. So, most of you won't remember Carl and didn't serve with him, but he was a small man by stature, but he was a self-made man. He was born in humble circumstances. He had a very successful sign business. Owned several farms which he operated and managed through the years. He was quite successful in his own business enterprises. He 108 75th Legislative Day STATE OF ILLINOIS 86th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 1, 1989 worked his way up in government to come...before he came to the General Assembly, he was an alderman in Pontiac, he was supervisor of Pontiac Township, he was on the Livingston County Board. He was probably known in this Body for his very conservative votes. Carl was a very staunch conservative and a very fiscally conservative man. In fact, when I first announced that I was running for office when he indicated he was going to retire, he did not support me because I was too liberal for Carl Hunsicker. I thought that might cause some chuckle among my friends here today. He was, though, a very good politician. Carl went to every chicken dinner, every bank meeting, every elevator that had a public meeting. Wherever there was a public meeting, Carl Hunsicker was there and he visited with the people and he took time with his constituents. And I want to say that he didn't rise to high office here in the General Assembly, but in his district Carl Hunsicker was tops. And the people loved him and they really enjoyed having him as their Representative. He worked his way up through government. He was extremely proud of his service in this General Assembly. And I would like to suggest that all Members of this Body be added as Cosponsors of this Resolution."
"You heard the Gentleman's Motion. All those in favor signify by saying 'aye', opposed 'nay'. In the opinion of the Chair the 'ayes' have it and all Members of the General Assembly will be Cosponsors of the Resolution. Shall the Resolution be adopted? All those in favor say 'aye', opposed 'nay'. Opinion...the Resolution is adopted. And the House now stands adjourned till 10:00 a.m. tomorrow morning." 109 REPORT: TIFLDAY 15:46 STATE OF ILLINOIS 86TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX NOVEMBER 01, 1989 PAGE 1 05/01/90 HB-0313 MOTION PAGE 89 HB-0416 MOTION PAGE 90 HB-1695 MOTION-CER 100 PAGE 36 SB-0176 VETO ACTION PAGE 5 SB-0237 VETO ACTION PAGE 33 SB-0335 VETO ACTION PAGE 8 SB-0389 MOTION PAGE 2 SB-0472 MOTION PAGE 74 SB-0588 VETO ACTION PAGE 34 SB-0632 OUT OF RECORD PAGE 76 SB-0692 VETO ACTION PAGE 35 SB-0707 MOTION PAGE 3 SB-0729 VETO ACTION PAGE 9 SB-0731 SECOND READING PAGE 74 SB-0731 SECOND READING PAGE 90 SB-0731 HELD ON SECOND PAGE 92 SB-0731 OUT OF RECORD PAGE 74 SB-0734 SECOND READING PAGE 54 SB-0734 THIRD READING PAGE 59 SB-0742 VETO ACTION PAGE 13 SB-0746 VETO ACTION PAGE 16 SB-0976 VETO ACTION PAGE 17 SB-0984 VETO ACTION PAGE 18 SB-1050 VETO ACTION PAGE 18 SB-1075 POSTPONED CONSIDERATION PAGE 84 SB-1075 MOTION PAGE 77 SB-1136 SECOND READING PAGE 59 SB-1136 THIRD READING PAGE 61 SB-1161 SECOND READING PAGE 61 SB-1175 SECOND READING PAGE 46 SB-1175 SECOND READING PAGE 104 SB-1175 THIRD READING PAGE 104 SB-1175 OUT OF RECORD PAGE 47 SB-1184 VETO ACTION PAGE 23 SB-1269 VETO ACTION PAGE 32 SB-1270 VETO ACTION PAGE 77 SB-1305 VETO ACTION PAGE 20 SB-1379 SECOND READING PAGE 47 SB-1379 RECALLED PAGE 47 SB-1379 THIRD READING PAGE 49 SB-1403 SECOND READING PAGE 93 SB-1403 HELD ON SECOND PAGE 103 SB-1403 RECALLED PAGE 93 SB-1413 VETO ACTION PAGE 20 SB-1451 MOTION PAGE 85 SJR-0025 MOTION PAGE 63 SJR-0030 POSTPONED CONSIDERATION PAGE 73 SJR-0030 MOTION PAGE 68 SJR-0068 MOTION PAGE 65 SUBJECT MATTER HOUSE TO ORDER REPRESENTATIVE BRESLIN PAGE I PRAYER REVEREND MORRISON PAGE 1 PLEDGE OF ALLEGIANCE REPRESENTATIVE FREDERICK PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 1 HOUSE RESOLUTION 1050 MONMOUTH HIGH SCHOOL PAGE 15 RECESS PAGE 22 HOUSE TO ORDER REPRESENTATIVE GIGLIO PAGE 22 READING OF THE JOURNALS PAGE 46 AGREED RESOLUTIONS PAGE 104 DEATH RESOLUTIONS PAGE 106 GENERAL RESOLUTIONS PAGE 107 DEATH RESOLUTION CARL J. HUNSICKER PAGE 107 REPORT: TIFLDAY 15:46 STATE OF ILLINOIS 86TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX NOVEMBER 01, 1989 SUBJECT MATTER ADJOURNMENT PAGE 2 05/01/90 PAGE 109