Illinois General Assembly Floor TranscriptsBrowseHouse87th GA

Illinois House Floor Debate — April 17, 1991

87th General Assembly (1991-1992) · Legislative day 35 · First Special Session
Chamber
House
General Assembly
87th (1991-1992)
Date
April 17, 1991
Legislative day
35
Session
First Special Session
Speaker turns
20
Original
View the source PDF ↗
O'Brien

NRepresentative John Dunn, Chairman of the Committee on Judiciary 1, to which the following Bills were referred , action taken April l7p 1991 and reported the same back with the following recommendations: 'do pass' House Bills 276, 272, and 15347 'do pass as amended' House Bills 36 and l7; 'do pass Short Debate Status' House Bills 1244, 1371, 2052, 1597, 1598, 550, and 4612 'do pass as amended Short Debate Status' House Bill 428. Representative Richmond, Chairman of the Committee on Agriculture, to which the following Bills were referred, action taken April 2 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRAKSCRIPTION DEBATE 35th Legislative Day April l7# 1991 1991 and reported the same back with the following recommendation: 'do pass' House Bill 1441) 'do pass Short Debate Status' House Bills 314, 620, 1207, 1744, and 1769) 'do pass Consent Calendar' House Bill 1430. Representative McNamara, Chairman of the Committee on Educational Finance, to which the following Bills were referred, action taken April 16, 1991 and reported the same back witb the following recommendation: 'do pass Short Debate Status' House 3ill 282. Representative Shaw, Chairman of the Committee on Financial Institutions, to which the following Bills were referred, action taken April l6, 1991 and reported the same back with the following recommendations: 'do pass' House Bill 14887 'do pass as amended ' House Bill 3427 'do pass Short Debate Status' House Bill 2595, 1569, 2016, 1911, and 2562; 'do pass as amended Short Debate Status' House Bill 524 and 8977 'do pass Consent Calendar' House Bill 2014 and 2134. Representative White, Chairman of the Committee on Human Services, to which the following Bills were referred: action taken April l6, 1991 and reported the same back with the following recommendations: 'do pass' House Bill 1000, 2123, and 2234: 'do pass as amended ' House Bill 20507 'do pass Short Debate Status' House Bill 2510, 1677, 2010, 1691, and 22932 'do pass as amended Short Debate Status' House Bill 19302 'do pass Consent Calendar' House Bills 2319, 2413, 1353, and 1925. Representative Mautino , Chairman oi the Committee on Insurance, to which the following Bills were referred, action taken April l6, 1991 and reported the same back with the following recommendation: 'do pass Short Debate Status' House Bill 1107, 1692, 1512, 14/6, 1604, 1603, and 1299) Representative Farley, Chairman of the Committee on Labor and Commerce, to which the following Bills were referred, action taken April l6# 1991 and reported the same 3 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April l7, 1991 back with the following recommendations: 'do pass' House Bill 1533, 1811, and 2074: 'do pass as amended' House Bill 1776) 'do pass Short Debate Status' House Bill 2100. Representative Brunsvold, Chairman of the Committee on Municipal and Conservation Law, to which the following Bills were referred, action taken April l6/ 1991 and reported the same back with tbe following recommendation: 'do pass Short Debate Status' House Bill 8722 Representative Levin, Chairman of the Committee on Public Utilities, to which the following Bills were referred, action taken April l6, 1991 and reported the same back with the following recommendations: 'do pass' House Bill 2552: 'do pass as amended' House Bill 1696: 'do pass Short Debate Status' House Bill 13927 'do pass Consent Calendar' House Bill 2352 and 1751. Representative Mulcahey , Chairman of the Committee on Elementary and Secondary Education, to which the following Bills were referred, action taken April 1991 and reported the same back with the following recommendations: 'do pass' House Bill 669 and 6917 'do pass as amended' House Bill 562, 885, and 780: 'do pass Short Debate Status' House Bill 2201, 2423, 1657, and 4737 'do pass as amended Short Debate Status' House Bill 478 and 18917 'do pass Consent Calendar' House 3ill 2556, 1815, 670 and 1238.'1 Speaker Keane: ''Representative Keane to the Chair. Consent Calendar, Second Reading: Second Day, page 7. Mr. Clerk. o

O'Brien

Nconsent Calendar, Second Reading, Second Day. House Bill 118, a Bill for an Act to amend an Act regarding regulation in professions together with Committee Amendment #1. Second Reading of the Bill. House Bi11 549, a Bill for an Act to amend the Habitual Child Sex Offender Registration Act. Second Reading of the gill. House Bill 584, a Bill for an Act concerning protection of children. 4 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April 17, 1991 Second Reading of the Bill. House Bill 672, a Bill for an Act to amend the Tobacco Associates and Smoking Herbs Control Act. Second Readin: of the Bill. House Bill 676, a Bill for an Act to amend the Civil Administrative Code. Second Reading of the Bill. House Bill 679, a Bill for an Act to amend the Pawn Brokers Regulation Act. Second Reading of the Bill. House Bill 901: a Bill for an Act to amend the Environmental Barriers Act. Second Reading of the Bill. House 3ill 584 was removed from the Consent Calendara'' Speaker Keane: '' Third Reading .'! Speaker Laurino: ''Chair will go to page 2 of the Calendar. House Bill 2, Representative Novak. Representative Novak, do you wish your Bill to be called? Out of the record , Mr. Clerk. proceed to House Bill 8, Representative Younq. Tony Young. Out of the record, Mr. Clerk. House Bill l4 , Representative Preston. Fiscal Note is not yet filed: Representative Preston. Out of the record, Mr . Clerk. House Bill l6, Representative Currie. Read the Bill, Mr. Clerk.'' Clerk O'Brien: ''House Bill l6, a Bill for an Act to amend the Counties Code. Second Reading of the Bill. Amendment 41 was adopted in committee./ Speaker Laurino: ''Are there any Motions?'' Clerk O'Brien: ''No Motions filed .H Speaker Laurino: ''Any Floor Amendments?n Clerk O'Brien: 'Floor Amendment #2, offered by Representative Currie.n Speaker Laurino: 'Representative Currie.'' Currie: 'Thank you, Mr. Speaker, and Members of the House. This Amendment clarifies the criminal penalty section of the Bill at the request of one of the committee Members and establishes the opportunity for the county recorder to 5 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day àpril l7, 1991 collect a fee. This Amendment was discussed in committee, and I'd appreciate your support and we'd be bappy to answer your questions.'' Speaker Laurino: 'fAre there any questions? Representative Black.'' Black: nThank you very much, Mr. Speaker. Itfs a little difficult to hear in here. Has the Amendment been printed and distributed?H Speaker Laurino: ''Representative Currie?'' Currie: ''We11, 1'm waiting. My copy, that 1 found on my desk. o p '' Speaker Laurino: ''It's been distributed, Representative Black. '' Black: ''It has been printed and distributed? Alright, will the Sponsor yield?'' Speaker Laurino: ''She indicates she wi1l.'' Black: ''Thank you. Representative , the original Bill, as recall, only affected Cook County. I think the Amendment changes that. Can you illuminate the changes that might be made now?'' Currie: 'The Amendment does not change that. The Bill still applies only to the County of Cooko/ Black: NAlright, Representative, our staffer indicates that there may be a drafting error. If you would look on page of the Amendment, I'm sorry: wait a minute, that isn't right, is it? Yeah, is right. Line 24 on page 2, our staffer thinks that the fee for first and second class counties, if only affects Cook County, that this is out oi order. I don't think we have any problem with it, but if it's not what you intend, maybe we ouqht to get it cleaned up. 'f Currie: ''Line, no. I'm sorry: think that's not right, Representative, because think that the language that section, youfre talking about Section 4-400170 Black: 'Yes.n Currie: ''Okay, if you read the new language, for processing the 6 STATE OF ILLINOIS 87th GENERAL ASSBMBLY HOUSE 0F REPRESENTATIVES TRANSCRIPTION DZBATE 35th Legislative Day April l7, 1991 sworn or affirmed statement, read a11 the way throuqh, read 502, I think that that means only the County of Cook. '' Black: 'Wel1, 1 think the point of contention is that it's. . . H Currie: HWby don't take the Bill out of the record and we can talk about the Amendment.'! Black: ''We 'd appreciate Thank you. '' speaker Laurino: ''Take the 3ill out of the record, Mr. Clerk. House Bill 43, Representative Preston. Representative Preston? Do you wish House Bill 43 to be called? Read the 3i11, Mr. Clerk.'' Clerk O'Brien: nHouse Bill 43, a Bill for an Act to amend the code of Criminal Procedure. Second Reading of the Bill. No Committee Amendments.'' Speaker Laurino: ''Any Floor Amendments?'' Clerk O'Brien: eNo Floor Amendmentso'f Speaker Laurino: ''Any Motions?'' Clerk O'Brien: ''No Motions filed.H Speaker Laurino: nThird Reading. House Bill 46, Representative Santiago. Read the Bill, Mr. Clerk.'f clerk O'Brien: ''House Bill 46, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments.f Speaker Laurino: ''Any Motions?'' clerk O'Brien: ''No Motions or no Floor Amendments. / Speaker Laurino: ''Third Reading, Mr. Clerk. Hold that Bill for a second, Mr. Clerk. Third Reading.House 3ill 47# Representative Preston. Fiscal note not yet filed . Out of the record. House Bill 53, Representative Balanoff. Read the Bil1, Mr. Clerk.'' Clerk O'Brien: ''House Bill 53, a Bill for an Act to amend the Illinois Low Level Radioactive Waste Management Act. Second Reading of the Bill. No Committee Amendments. e Speaker Laurino: ''Any Motions? STATE OF ILLINOIS 87th GENBRAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCR:PTION DEBATE 35th Legislative Day April l7, 1991 clerk O'Brien: 'No Motions. Floor Amendment #l, offered by Representative Balanoff.'r

Speaker Laurino

Speaker Laurino: OHold your Amendment for one moment: Representative Balanoff. Representative Black, for what reason do you seek recognition? Representative Black? For wbat reason do you seek recoqnition?'' 3lack: ''We1l# thank you very much , Mr. Speaker. just wanted to introduce a couple of people on our side of the aisle. Former Representatives and now Appellate Court Judge Kent Slater, former Representative and now Circuit Judge John Countryman are with us today.'' Speaker Laurino: ''Thank you, Representative Black. Representative Balanoff. Proceed with your Amendment. '' Balanoff: 'Yes, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #1 is one that was agreed upon in committee and it is language change requested by the Department of Nuclear Safety, and it doesn't change the substance of the Bill, it's just tbat they thouqht that was technically more correct.'' Speaker Laurino: ''Any questions on Amendment #1 to House Bill 53? Seeing none, all those in favor indicate by saying taye', all those opposed 'nay', on Amendment 41 to House Bill 53. The 'ayes' have it and Amendment 41 is adopted. Further Amendments. Mr. Clerk?p

Clerk O 'Brien

ONo further Amendments. '' Speaker Laurino: ''Third Reading. Representative Mulcahey: for what reason do you rise?'' Mulcahey: HMr. Speaker, just to announce, former House Member over here on this side and also a Senate Member and now Circuit Judgey our good friend, Clarence Darrow back here . ''

Speaker Laurino

OHouse 3il1 67. The Chair will proceed to page 8 on the Calendar under Motions. House Resolution 325, Representative Daniels.'f 8 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESBNTATIVBS TRANSCRIPTION DE3ATE 35th Leqislative Day April l7, 1991 Daniels: 'fThank you, Mr. Speaker, Ladies and Gentlemen of the House. I believe 1 must move pursuant to Rule 43(a) that the House Resolution 325 be heard immedlately upon the affirmative vote of Members or unanimous leave. The Resolution bas been reproduced and distributed on the Members' desks. So with leave of the House I would ask that this Resolution be heard immediately.'' Speaker Laurino: ''Representative Madigan, for what reason do you rise, Sir?'' Madigan rise to object to the Gentleman's request.'' Daniels: didn't hear what he said. I didn't hear what the Gentleman said.'

Speaker Laurino

HThe Gentleman said he rises to object to your Motion.'' Daniels) 'Can have the basis of the objection?' ' Speaker Laurino: ''Representative Madigan.'' Madigan: ffMr. Speaker, and Ladies and Gentlemen of the House, the Resolution that the Minority Leader is attempting to move at this time deals vith the question of reapportionment and the enhancement of minority participation in the reapportionment process. This general topic was debated at length last week. There will be a meeting of the Rules Committee next week to consider generally the content of the Bills and Resolutions that were offered by Mr . Daniels last week, and also the Rules Committee next week will again consëder generally the content of this House Resolution 325 whicb is being advanced by Mr. Daniels. For those reasons, I would object to his Motion, and if he plans to wax eloquently, as he usually does, 1 would like to respond.'

Speaker Laurino

Pxou certainly will have that opportunity. Representative Daniels.n Daniels: f'We11 thank you, Mr. Speaker, Ladies and Gentlemen of 9 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HQUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April l7, 1991 the House. Obviously I'm disappointed that the Speaker has objected to the passage of House Resolution 325 in the form that's submitted to the House of Representatives for consideration. But to the Resolution that has been proposed, and the Speaker has commented upon, it is no secret that the Illinois of 1991 is not the Illinois of 1981. Not in terms of the ethnic makeup of our population, not in terms of the laws which govern our actions, and not in terms of the degree to which the average individual is aware of their government. Today people have a heightened awareness of what government is doing and how it operates. Many, many doors have been opened in the past ten years, and yes, many people have walked through those doors and into the mainstream . Those people, all across Illinois, are aware of the process we call redistricting, and they expect that we show them respect as we conduct this process under their observation, and they expect that we will continue the process of inclusion and empowerment that began with the famous words of Dr. Martin Luther King have a dream.'. The federal Voting Rights Act is the fruit of that dream. A legal document which in time will rightly stand beside the Bill of Rights and the U.S. Constitution as a declaration of our commitment to do what we know to be tbe rigbt and just thing. A written promise, a bond between government and the governed. It is not proper, not respectful that a Resolution dealing with voting riqhts be bottled up by a committee or held for another day. Today I am not asking you to break new ground with House Resolution 325. House Resolution 325 dravs no lines, gives no individual or party an advantage. House Resolution 325 simply reaffirms that we are dedicated and determined to do the right thing in Illinois, the fair thing, the legal thing. It recognizes the reality of that dream now made 10 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April l7, 1991 famous by Dr. Martin Luther King. Illinois stands alone in having no specific guidelines for the districting process, no procedural guarantee that the rights of all citizens will be recognized . We have little force behind us other than tHe spectre of legak wranglings that was once again, and will once again, drag us kicking and brawling into the glare of the national spotlight. Let's not do this to Illinois again. Let's show the nation that we have learned and how we have changed. Ladies and Gentlemen, want to be proud of our action here today. want to be proud of this Assembly as adopts House Resolution 325, and : want the peopke of this State to be proud of wbat we do here today, not tomorrow , or not the following day, on House Resolution 325, or its similar features that may be put into another rule, and I want the people to understand that when the commentators refer to our action , they say that a neW day has dawned in Illinois politics. respectfully ask you not only to join me in calling for House Resolution 325 in a passage form: but also to make sure that you have reviewed its contents, contents which are a restatement of the Voting Rights Act and principles and guidelines that this Assembly will follow as approaches the redistricting process. Thank you, and hope that you can vote, not only to have this matter heard immediately, but also for its passage . ''

Speaker Laurino

PRepresentative Madiqaa to respond o ' Madigan: pMr. Speaker and Ladies and Gentlemen , with al1 due respect rise in opposition to the Gentleman's Motion for immediate consideration. As I explained earlier, there will be a meeting of the Rules Committee next week to consider generally the content of the Bills and Resolutions which were offered by Mr. Daniels last week, and also to consider the content of this House Resolution 325. It ts STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTIO: DEBATE 35th Legislative Day April l7, 1991 our plan that the Rules Committee wikl recommend to the House certain procedural requirements that will be adopted and then followed as we move through the issue of reapportionment. find, rather, find great interest in the interest of the Minority Leader and the Members of his party concerning the enhancements of the minority participation in the affairs of Government in our State. This is a new phenomenon because they'd had many opportunities in the past to vote to help minorities in this State, and quite frankly their track record is not too good. As an example, in 1989, Representative Arthur Turner, after several years of endeavor, was attempting to pass an affordable housing trust fund, and this would have established the State's first housing program for 1ow income persons. That Bill did pass the House : but only siK percent of Republicans voted for the Bill. The Bill passed, six percent of Republicans voted for the Bill. Next, 1989, there was the Family Leave Medical Bill, and this would allow workers eight weeks of unpaid leave to care for sick family members. This is important for minority people in the State of Illinois. This Bill passed, six percent of Republicans voted for the 3ill. Again in 1989, the House passed a Bill which provided for an increase in Public Aid grants. Again, six percent of Republicans voted for the Bikl. In 1987, there was a B(1l which would have provided that where there was a plant closing that notice would be required from the employer to tell tbe employees in the communities that tbere is going to be a plant closing. Two percent of Republicans voted for that Bill, and in 1985, there was a Bill which dealt with public health information and community riqht-to- know, in 1985 was House Bill 300, zero percent of the Republicans voted for that Bill. So we welcome your new 12 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April l7, 1991 found interest. We sincerely hope its not just restricted to one issue, because we anticipate in this Session that there'll be several opportunities for all of us to help the condition of minorities and other poor people living in the State of Illinois, and we would welcome you and urge you to join in the earlier efforts that we have put forth to advance those interests. And again, Mr. Speaker, I rise in opposition to the Gentleman's Motion, and myself, I plan to vote 'present'. Thank you.'' Representative Daniels to close.'' Daniels: ''Thank you, Mr. Speaker, Ladies and Gentlemen of the House. And of course , I take exception to some of the Speakers comments, but I think instead of answering and responding to those today, because think we know the history of many of the subjects that the Speaker has talked about, and just if they became law, as he referred to I remind everyone that of course was signed by a Republican Governor, which could not have happened without the cooperation of many of us on this side of the aisle, but instead of standin: before you and breaking this conversation down, into who has been the best person in the area of minority riçhts, or who's more attentive to others, let's not confuse the issue that we are addressing today. The issue is the subject of the Voting Rights Act and the right of the people of this State, reqardless of your ethnic background or makeup, or regardless of your political persuasion, to be represented in the redistricting process. So in closing I would say , fellow Members of the House, that I have come before you today in a spirit of cooperation and harmony, not in a spirit of trying to drive a wedge between any one person or any special interest group. 1 presented House Resolution 325, which provides tbat this House will find in it as 13 STATE OF TLLINOIS 87th GENERAL ASSEMSLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April l7, 1991 unacceptable and repugnant any redistricting map which is demonstrated to have the intent or effect of dispersing or concentrating minority political influence, or any map which fails to maximize minority representation. There are the current judicial standards, and these are the ones that the Voting Rights Act require us to follow. The current fair and impartial standards contained in the Votinq Rights Act with the 1982 Amendments. So why this Resolution? Because history in this State sbows that the political parties have done a poor job of Guaranteeing minority voting rights during redistricting. Political parties have done a poor job. Consider the words of Judge Cuttihey after he reviewed the remap presented by the Democrat controlled redistricting commission in 1982 if you please. With regard to the treatment of Blacks he said in his written opinion: 'We believe that purposeful dilution of Black votin: strength in several significant instances has been demonstrated.' The court found specific evidence of an intent on the part of the same group, the Democrat controlled redistricting commission to dilute Black votinq strength. They actually had proposed to reduce the number of Senate and House seats represented by Blacks and Hispanics in Chicago, even though those populations had increased over the previous decade. This isn't political rhetoric. Many of you were there. You remember. I'm simply citing the 1982 court order regarding racial gerrymandering Judge Cuttihey stated. We must give weight to our findings of purposeful dilution of Black voting strençth and the actions with respect to Senate District 14, l7, and l8. We found that the immediate purpose of the commission in drawing those districts was primarily to preserve the incumbencies of two White State Senators. We also found that this process was so intimidated and so 14 STATE OF ILLINOIS 87th GEHERAL'ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35tb Leqislative Day April l7, 1991 intimately intertwined with and dependent on racial discrimination and dilution of minority votinq strength : that purposeful dilution has been clearly demonstrated in the construction of Commission Senate Seat District l4, and 18. We also note our finding that on Chicago's Westside, there was fractioning and packing of Blacks, the net effect of which was the purposeful dilution of Black voting strength on the Westside by at least one House District. So that this is the history of the intent of your leadership. What about last week. The intent to conduct redistricting this year under the table, in secret, was shown when the Democrat leadership failed to allow one vote to be cast for an opened Process Bills. One Bill actually contained nothing more than a recitation of the current voting Rights Act standards. offer each of you , therefore, a challenge. challenge you to vote for this Resolution which calls for us to observe the standards of the Voting Rights Act. challenge you to support our Bills to require a fair redistricting process for racial minorities. challenge you, to reverse the history of discrimination in redistricting in this State. respectfully ask for your 'yes' vote to allow a vote on this Resolution today, and just if it doesn't pass today, over our objections and with our asking to help: then I would say to you, that this must continue and we must force the statement of the Voting Rights Act and force all people to be treated equally and al1 minorities in this State wherever located to be treated fairly in an open process with guidelines that this Assembly must enact and enforce. So Mr. Speaker, I respectfully ask for a 'yes' vote. f' Speaker Laurino Representative Daniels has moved pursuant to Rule 43a to bypass the committee in place on the Speaker's Table for immediate consideration House Resolution 325. 15 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day Kprik 17, 1991 The question is 'Shall this Motion pass?'. A11 those in favor indicate by voting 'aye', those opposed vote 'nay'. This Motion will require 71 votes. Representative Davis to explain your vote.'' Davis: 'I just want to explain my vote by saying I'm very happy to know that Lee Daniels at this time is concerned with minorities, but worry and wonder why there are none on that side of the aisle. It also concerns me that until recently there were hardly any minorities who worked for the Republican staff, and there are hardly any African-American minorities who work in State Government. So: would like to see this paternalistic attitude to protect African-Americans spread across the board and not just in regards to the Voting Rights Act, because I'm concerned with the Speaker's statement being genuine . Thank you.'f Speaker Laurino: ''Representative Daniels./ Daniels: ''Yes, Mr. Speaker, and thank you'very much. '' Speaker Laurino: ''Yes. I didn't hear your questionv n Daniels: ''Thank you. The Gentleman sbut off the switch . Thank you very much for the opportunity to respond to the Representative's observations. She well knows in 1981 there was a cutback Amendment in this State, a cutback that I opposed, because every year prior to that under the cumulative voting system, and tbe multi-member districts, this State had a representation of votes to seats that were almost identical to the political persuasion of the State at that time. Since 1981, there was a cutback Amendment which eliminated multi-member districts. We had two minority Members on this side of the aisle, Representative Jackson and Representative Gaines, both of whom lost their seats as a result of the cutback Amendment. So I would suggest to the Representative that in terms of history we STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April 17, 1991 have been very proud to have minority Members on tbis side of the aisle, and of course it's very simple for her to get up and come over to this side of the aisle, declare herself to be a Republican, she'll be one of us and be happy for evermore. But on the serious note of that, would say that this really very much is what it's al1 about. Republicans in this State ought to have minority representation as well, and minorities ought to be represented on both sides of the aisle, and that think will be accomplished through a fair and open redistricting process.'' Speaker Laurino: ''Representative Davis, to respond. Representative Davis.'' Davis: 'Excuse me well, just want to respond by stating that when you continue to express concern for minorities, I have to ask about your voting record in reference to the welfare Bill, 1'd have to ask about your voting record on child welfare Bills, and also, must continue to say to you that even though we only...>

Speaker Laurino

FRepresentative Davis./ Davis 'L ..have one Representative per district, you still donft have any minorities on that side of the aisle, you hardly have any working on your staff, and

Speaker Laurino

HRepresentative Davis. For what reason do you rise, Mr. Johnsona/ Johnson: >Well. unless I read the rules differently than Representative Davis does, she's spoken previously in debate, there isn't any point in really. . . / Speaker Laurtno: ''Xou're absolutely correct : Representative o'' Davis: ''But he mentioned my name.'' Johnson: RWe love you, Representative Davis. We would never disparage you any way.'' Speaker Laurino: fRepresentative Daniels. p STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April 17, 1991 Daniels: ''I'm having a nice conversation with the Speaker, but 1'm glad the Lady mentioned those two Bills. I was the sponsor of a welfare reform and child support enforcement, and 1'm glad she gave me and opportunity to point out that T'm also a Member: Representative, of the U.S. Commission on Child Support of the United States appointed by the President. So that I didn't mention your name. . . there you go again, Sir, you gotta watch that...'' Speaker Laurino: ''...time that was inadvertent.f' Daniels: ''I did want to mention your name specifically because don't want to get into this continued dialogue, but Ifm very delighted to have her input, and maybe she can give us some idea on how to work together on this because, after all, representation of all partsp of a11 sides of the State is most critical to everyone here. Thank you . '' Speaker Laurino: ''Thank you, Representative Daniels. Have all voted who wish? Have a1l voted who wish? Have a1l voted who wish? Take the record, Mr. Clerk. This Motion having received 43 'ayes' 0 'nays' and 66 voting 'present' will be so reported. The Motion fails. In a form of an announcement, so that we al1 can say our appreciation of Speaker Madigany it will be his birthday Friday the 19th of April, and we won't be in Session so you :et a chance and he's walking past you, wish him a happy birthday. We will now proceed back to page 2 on the Calendar. House 3il1 67, Representative Currie. Out of the record, Mr. Clerk. House Bill 88 , Representattve Wennlund. Read the 3i1l# Mr. Clerk.'' Clerk O'Brien: ''House Bill 88, a Bill for an Act to amend an Act in relation to rates and charges imposed by a municipality. Second Readin: of tbe Bi11. No Committee Amendments. / Speaker Laurino: ''Any Motions or Amendments?'' Clerk O'Brien) >No Motions, no Floor Amendments.e 18 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April l7, 1991 Speaker Laurino: ''Representative Wennlund, Third Reading. House Bill 97, Representative Kulas. State Mandates Act has not yet been filed, Representative. Out of the record . House 3ill 98. Representative Currie. Representative Curran. Read the Bill, Mr. Clerk.n Clerk O'Brien: 'House Bill 98, a Bill for an Act to amend the School Code . Second Reading of the Bill. No Committee Amendments.'' Speaker Laurino: ''Any Motions or Floor Amendments: Mr. Clerk?'' Clerk OfBrien: ''No Motions, no Floor Amendments. '' Speaker Laurino: f'Third Reading. House Bill 103, Representative Schoenberg. Out of the record . Representative Preston, for what reason do you arise?'' Preston: ''Mr. Speaker, when House Bill 14 was called on Second Readinq, it was held because we're informed that a Fiscal Note had not been filed , but I'm now told the Fiscal Note had previously been filed and that it should have been called and moved to Third, and wondered if we might recall House Bill 14 at this time.'' Speaker Laurino: ''Representative Preston, why don't you come up to the podium. Approach the podium, please. House Bill 119, Representative Steczo. Read the Bill, Mr. Clerk.n

O'Brien

HHouse Btl: 119, a Bill for an Act to amend the Civil Administrative Code. Second Reading of the Bill. Amendment /1 was adopted in committee.' Speaker Laurino: ''Any Motions or Floor Amendments?O Clerk OfBrien: /No Motions filed, Floor Amendment #2, offered by Representative Harris.'' Speaker Laurino: ''Representative Harris, Amendment 42 to House 3ill 119.'' Harris: HThank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 119, by way of explaining Amendment #2, House Bill ll9 requires the Department of Commerce and 19 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HO7SE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April l7, 1991 Community Affairs to make loans of up to $25,000 to minority-and female-owned businesses. Now, there are some requirements in the Bill that the business has to have existed for at least three years, and the intent is, think. admirable. We should be encouraging those types of businesses. However, I think the Bill is flawed for a couple of reasons. The primary reason, really: is that tbere is no collateral required. Well, any time you make a loan, it seems reasonable that there be some sort of collateral. I mean the State of Illinois could walk around passing out $25,000 to just about anybody, : suppose, without any collateral, and that's an imprudent thing to do. Well, Amendment #2 to the Bill, while it does not specifically require collateral: so that a business that has a difficulty qetting a loan from a bank or a normal loan source, because they do not have necessary collateral to post, Amendment 42 does not require collateral, but it says that loans which we are going to make will be applied only to the acquisition of durable goods, and now there was somethin' you can put your hand on, or a structural improvement. Additionally, the loans will only be applied to the expansion of existing businesses. What that means is that if a minority-or female-owned business owns, as an example, a liquor store or a grocery store, they can't take % $25.000 of DCCA money and go out and start a travel agency, so that it's got to be a similar type of business. I think it's reasonable, I don't think it's harmful to the Bill, and I ask your support of Floor Amendment 2.R Speaker Laurino: ''Further discussion? not, Representative Harris moves..oRepresentative Homer.o Homer: ''Mr. Speaker, has this Amendment been printed and distributed?'' Speaker Laurino: 'Representative Homer, the Amendment has been 20 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESEMTATIVES TRANSCRIPTION DEBATE 35th Legislative Da# April 17, 1991 printed and distributed./ Homer: ''Would the Gentleman yield?'' Speaker Laurino: ''He indicates he wil1.'' Homer: 'fDave, ve don't have the Amendment. Could you explain what the Amendment does?'' Harris: ''You mean we actually got it before you did? :'d be happy to explain it once aqain if you want to take it out of the record and wait 'till you have it. Either way would be suitable.'' Homer: 'fAlright, let's do that if the Gentleman would be willing to accomodate that request. We just haven't seen it. He's asked that it be taken out of the record.'' Speaker Laurino: ''Out of the record, Mr. Clerk. House 3i1l 136, Representative Hicks. Out of the record, Mr. Clerk. House Bill 204, Representative Hoffman. Out of the record r Mr. Clerk. House Bill 215, Representative Currie. Out of the record, Mr. Clerk. House Bill 222, Representative Sieben. Read the 3ill, Mr. Clerk.'' Clerk O'Brien: ''House Bill 222: a Bill for an Act to amend the Hospital District Law. Second Reading of the Bill. No Committee Amendments.n Speaker Laurino: 'fAny Motions or Floor Amendments?H Clerk O'Brien: ''Floor Amendment #l, offered by Representative Sieben.n Speaker Laurino: nRepresentative Sieben on Amendment 41. '' Sieben: ''Thank you, Mr. Speaker , and Ladies and Gentlemen of the House. Floor Amendment 41 simply amends the Bill to add nine subdistricts in the selection of hospital district directors and it also adds the 28 month rule for filling the vacancy if one of those directors is replaced and I'd move for the adoption of Floor Amendment 41.'' Speaker Laurino: f'Further discussion. Seeing noney Representative Sieben moves for the adoption of Amendment 21 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DBBATE 35th Legislative Day April 17# 1991 #1 to House Bill 222. Al1 those in favor indicate by saying 'aye'# opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Further Amendments, Mr. Clerk?'' Clerk O'Brien: ''No further Amendments. 'f

Speaker Laurino

HThird Reading. House Bill 254: Representative Woolard. Out of the record, Mr. Clerk. House Bill 262, Representative McNamara. Out of the record, Mr. Clerk. House Bill 291, Representative Giglio. Representative Giglio. House Bill 291. Read the Bill, Mr. Clerk.'' Clerk O 'Brien: ''House Bill 291, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments.'' Speaker Laurino: ''Any Motions or Floor Amendments?'' Clerk O'Brien : ''No Motions, no Floor Amendments. / Speaker Laurino) ''Third Reading. House Bill 316, Representative Homer. Out of the record, Mr. Clerk . House Sill 318, Representative Currie. Fiscal Note has not been yet filed. House Bi1l 329, Representative McAfee. Out of the record , Mr. Clerk. House Bill 345, Representative Richmond. Out of the record, Mr. Clerk. House Bill 459, Representative Turner. Read the Billr Mr. Clerk. Representative Turner, there's a Fiscal Note that has just been requested. House Bill 466, Representative Persico. Read the Bill, Mr. Clerk.H Clerk O'Brien: ''House Bill 466, a Bill for an Act to amend the Criminal Code. Second Reading of the Bill. Amendment #1 was adopted in committee.'' Speaker Laurino: ''Any Motions or Floor Amendments?''

Clerk Q'Brien

ONo Motions filed, no Floor Amendments. ' Speaker Laurino: f'Third Reading. House Bill 488, Representative Currie. Out of the record, Mr. Clerk. House Bill 523, Representative Preston. Out ot the record, Mr. Clerk. House Bill 542, Representative Currie. Read the Bill, Mr. 22 STATE OF ILLINOIS 87th GENERIL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ' 35th Legislative Day April l7, 1991 Clerk., Clerk O'Brien: ''House Bill 542, a Bill for an Act to amend an Act concerninq mimeograms. Second Reading of the Bill. Amendment 41 was adopted in committee.l Speaker Laurino: ''Any Mottons or Fkoor Amendments?'' Clerk O'Brien: ''No Motions filed, no Floor Amendments. / Speaker Laurino: ''Third Reading. House Bill 551, Representative Frederick, Virginia Frederick. Out of the record. House 3i1l 555, Representative Regan. Read the Bill, Mr. Clerk.'' Clerk O'Brien: ''House Bill 555, a Bill for an Act to amend the Children and Family Services Act. Second Readin: of the 3il1. Amendment 91 was adopted in committee. '' Speaker Laurino: ''Any Motions or Floor Amendments?'' Clerk O'Brien: 'No Motions filed, Floor Amendment #2, offered by Representative Regan.'' Speaker Laurino: ''Representative Regan , Floor Amendment #2./ Regan: ''Thank you, Mr. Speaker. Floor Amendment #2, requested by the committee simply adds siblings to the list of exclusions from the Bill, and I urge its passage. '' Speaker Laurino: ''Any discussion? Hearing none or seeing none: Representative Regan moves for the adoption of Amendment /2 to House Bill 555. A1l those in favor indicate by saying 'aye'# opposed 'nay'. The 'ayesf have it and the Amendment's adopted. Further Amendments, Mr. Clerk?/ Clerk O'Brien: /No further Amendments.' Speaker Laurino: 'Third Reading. We'll go back to House Bill 554, Representative Frederick. Read the Bill, Mr. Clerk.' Clerk Q'Brien: 'House Bill 554, a Bill for an Act to amend certain Acts in relation to child support. Second Reading of the Bill. Amendment :1 was adopted in committeem l Speaker Laurino: ''Any Motions or Floor Amendments?f Clerk O'Brien: RNo Motion iiled, No Floor Amendment.n Speaker Laurino: PThird Reading. Representative Homer, for what 23 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESSNTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April l7, 1991 reason do you arise?'' Homer: ''We1l, Mr. Speakery we've had this problem, where for some reason Committee Amendments are not being printed. We don't have the Committee Amendments in our file jackets. I don't understand how we're getting Bills on Second Reading when we don't have the printed Committee Amendments. Maybe if somebody could clarify that, l've never seen this problem occur in past years, and I don't know why we're having that problem . It makes very difficult to analyze Bills when we don't have the printed Amendments. '' Speaker Laurino: ''Representative Frederick. Representative Frederick. There has been a question as to the printing of the Amendments, Committee Amendments that have been put on# and they are not in the binders for the Gentleman from...Representative Homer to appease. Would you mind taking this out of the record and wedll get back to it? And the Clerk will check into this problem, and :et back to us with an answer. Representative Parke, for what reason do you arise?? Parke: eThank you, Mr. Speaker. I was inadvertently off the floor when Roll Call was taken on House Resolution 325. I would like the record to reflect that would have supported House Bill...House Resolution 325.'' Speaker Laurino: ''The record will so reflect, Representative Parke. With leave of the House we'll take House Bill 554 back to Second Reading. Leave being granted, the record will so reflect. Representative Wennlund, for what reason do you arise?' Wennlund: ''Mr. Speaker, I believe Mr. Homerfs concern is a copy of the Amendment that was adopted in committee? Is that correct?''

Speaker Laurino

NThat seems to be his question./ Wennlund: ''If1l go walk over to you.H 24 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HO7SE OF REPRESENTATIVES TRANSCRIPTION DEBATC 35th Legislative Day April 17, 1991 Speaker Laurino: ''Representative Homer.'' Homer: @Mr. Speaker, we've had think iive Bills in a row where a rule of the House has been violated , that rule being House Rule 36(c) which states: No Amendment may be adopted , well, that rule actually doesn't pertain because those amendments were adopted in committee. But they have to be reproduced and on the Members' desks before a 3il1 can be moved to Third Reading, and the obvious reason for that is to 1et Members see the Amendments before these sills move , and l've been here, this is my ninth year, don't remember having this problem previously where we have Bills being heard on Second Reading where the Members do not have copies of the Amendments which were adopted in committee, and it makes the whole process meaningless unless we follow that rule. I think I've rediscovered the rule. It's rule 36(f), and provides that Committee Amendments that are adopted by the committee shall be reproduced and placed on the Members' desks before a Bill may be...H

Speaker Laurino

ORepresentative Homer, Representative Homer, your point is well taken, and the Clerk is coming up with a solution and we'll get back to you in a very short time. Representative Steczo on House Bill 119, appears on page 2 of your Calendar. Read the Bill, Mr. Clerk.e Clerk O'Brien: ''House Bill 119, a Bill for an Act to amend the Civil Administrative Code. Second Reading of the Bill. Amendment 41 was adopted in Committee.' Speaker Laurino: lAny Motions or Floor Amendments?e Clerk O'Brien: ''No Motion filed, Floor Amendment #2, offered by Representative Harrisoe Speaker Laurino: nRepresentative Harrisql Harris: NThank you, Mr. Speaker: Ladies and Gentlemen of the House. We discussed this Amendment just a feW moments ago, 25 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DE3ATE 35th Legislative Da# April 17, 1991 House Bill ll9 makes reference to DCCA or rather authorizes DECA to make loans to minority and iemale businesses oi $25,000. Those are non-secured or unsecured non-collateralized loans. What Amendment 42 does, it does not require collateral but it adds a little bit of substance , more substance to the Bill, it says that the loans shall only be applied to the acquisition of durable goods or structural improvements, and it also says that they can't use those loans to go into another line of business, but rather have to expand their existing business, which is what think the sponsor clearly intended, and would, ask for a 'yes' vote on the Amendment.'' Speaker Laurino: ''Representative Steczow'' Steczo: 'Mr. Speaker, just to say that I will accept this Amendment.'' Speaker Laurino: ''Representative Harris moves for the adoption of Amendment 42 to House 3il1 119. Is there any discussion? Seeing none, hearing none, all those in favor will indicate by saying 'aye' to adopt House Bill, Amendment #2 to House Bill 119. All those in favor indicate by saying 'aye'. opposed 'nay'. The 'ayes' have it' , the Amendment's adopted . Further Amendments, Mr. Clerk?/

O'Brien

OFloor Amendment #3, offered by Representative Harris.H Speaker Laurino: ''Representative Harris.' Harris: ''Please withdraw.'' Speaker Laurino: ''Withdraw Amendment #3, Mr. Clerk. Further Amendments?l

O'Brien

NNo further Amendmentso/ Speaker Laurino: ''Third Reading. House Bill 559, Representative Steczo. Read the Bill, Mr. Clerk.f'

O'Brien

OHouse Bill 559, a Bill for an Act to amend the 26 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April l7, 1991 Chicago Park District Act. Second Reading of the Bill. No Committee Amendments.'' Speaker Laurino: ''Any Motions or Floor Amendments?'! Clerk O'Brien: ''No Motions, no Floor Amendments.N Speaker Laurino: 'fThird Reading. House Bill 570, Representative Giglio. Out of the record, Mr. Clerk. House Bill 580, Representative Schakowsky. Fiscal note requested on that, Representative. House Bill 741, Representative Curran. Representative Curran. House Bill 741. Read the Bill, Mr. Clerk.'' Clerk O'Brien: ''House Bill 741, a Bill for an Act to amend the Minimum Wage Law. Second Reading of the Bill. This Bill has been read a second time previously. Amendment #1 was adopted in committee.'' speaker Laurino: ''Any Motions or Floor Amendments?/ clerk O'Brien: 'No Motions filed, Floor Amendments #2, and 4 have been withdrawn previously. Floor Amendment 45 offered by Representative Wennlund./

Speaker Laurino

NRepresentative Wennlund. Amendment #5 to House Bill 741.'' Wennlund: NThank you, Mr. Speaker, Ladies and Gentlemen of the House. To remind the Members of the House about how important agriculture is to Tllinois, and to remind the Members of the House that throughout the entire State of Illinois, that aqriculture has gone in Illinois from the sixth largest, from the second largest exporter of agricultural products to the sixth largest exporter of agricultural products. In the last three years alone, since 1987, the state of the condition of aqriculture in Illinois has gone downhill. desperately needs the shot in the arm to allow it to be able to hire manpower on an as-needed basis. The Illinois Farm Bureau is definitely and violently opposed to this legislation, 'cause what it 27 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April 17, 1991 does is whenever it rains or the weather causes farmers to have to go into the fields, it's labor intensive at that point and the rest of the year it isn't. But farm work in Illinois often requires iarmers to work more than 48 hours at a time. Since tbe inception of the Mînimum Wage Act, and since the inception of the requirement for time and a half for labor, agriculture in Illinois has been exempt, and even while it was exempt, agriculture as an industry in Illinois has gone downhill, and has suffered badly, particularly in 1988 as a result of drought. This Amendment restores the agricultural exemption from time and a half for overtime for farm labor workers and keeps it in place to allow agriculture in Illinois to continue to try to improve and pull itself out of an agricultural recession. The Illinois Farm Bureau states that agricultural production is unique in this industry compared . to others, which is why the original exemption was created for agriculture vhen the Bill was first adopted. Whether or not other uncontrollable factors dictate hoW much labor is needed and when, working in excess of 48 hours in the farm is not uncommon at times, at times of harvest , and at times of planting. This Bill will break the backs of Illinois farmers by requiring them to pay minimum waqe and requiring them to pay time and a half for overtime. This Amendment restores the exemption for farmers who are grain exporters and hopefully this will help farming in Illinois get back on its feet, and urge al1 Members of the House to keep farming a viable alternative, and to keep farminq and agriculture back on the burner. Everyone of us, almost everyone of us, have farmers living our district. It is important that we continue to keep this exemption in place for agriculture, and I urge farmers on b0th sides of the aisle to join me in voting for this àmendment, and I ask 28 K STATE OF TLLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRAHSCRIPTION DEBATE 35th Legislative Day April l7, 1991 for a recorded Roll Call Vote when the time comes for a vote on this Amendment, please, Mr. Speakero'' Speaker Laurino: 'Further comments? Representative Schakowsky. '' Schakowsky: 'Thank you, Mr. Speaker, Ladies and Gentlemen of the House. As I did yesterday, rise in opposition to this Amendment, not because I'm anti-farmer, but on behalf of the farm workers who bring the food to our table. We are not asking that if they even get the same consideration as other workers. We're asking that after 48 hours of Iabor : that they be paid overtime. seems to me that this will even increase employment the farm workers sector, because you don't have to pay overtime. 7ou can hire more workers. I urge al1 people who care about working people, about those who labor and toil in the fields to bring the food to our table, that they vote against this Amendment . '' Speaker Laurino: ''Representative Ropp.'' Ropp: ''Thank you, Mr. Speaker, Members of the House. To the previous Speaker: I would be more than happy to invite you down to my farm so you can become acquainted with what agriculture is really like, and would extend that invitation any time. One of the real problems that we have in this kind of situation is, that for some who are involved in agriculture, you establish a pay for the month and it may or may not equate to whatever it might be, but with that also goes fringe benefits which make up a salary like: maybe a house, or maybe meat, or maybe it might be any other thing, and so it seems to me that what you're attempting to do is to tamper with a situation that has been very successful in the past. The other thing that I rise in question about is that in some of these provisions that think are attempting to deal with , let's say specialty crops like strawberries or beets or beans or anything like that, which we call stoop labor which you may 29 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HO7SE OF REPRESENTATIVES TRANSCRIPTION DESATE 35th Legislative Day April 17, 1991 have reference to, you get involved in a salary that is based on the number of either pecks, or bushels, or pounds that you pick, and guess the question is, how you interpret what yourre attempting to do here as additional 18 hours you, by incentive, get paid for either picking more, and I think you raise a very, you don't really respond to that by the Bill that is proposed, and so what we're attemptin: to do by this Amendment, is to allow for continued flexibility that farmers have in hiring people because it is so tmportant to deal witb international trade. The areas that I think you have referenced to, to be real honest, don't think we export too many strawberries, too many peaches or let's say too many cucumbers, or too much lettuce or too many onions sets, but what we're attempting to do here is to allow for éarmers to continue that particular portion that deals with international trade, such as the soybeans, corn, wheat, flax, and other commodities that are of major production. By the current Bill, as you have proposed it, you place qreat harm on that particular provision that this Amendment is attempting to address, and 1 would urge the support of this Amendment.'' Speaker Laurino: ''Representative Olson.l' Olson, 3: ''Thank you, Mr. Speaker. Ladies and Gentlemen of the House , 1 rise in support of this Amendment. A previous Speaker, from the other side of the aisle, is from an urban area, and I understand her concerns. But let me tell you, farming is seasonal, and within a season it is based upon weather. Farm employers pay a monthly wage. During the busy season, granted we work longer than 48 hour weeks. A rainy week may come in that season where we don't put in a sinçle hour. Within the course of a farm year, there are several months when hired men may come to work long enough 30 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HODSE OF REPRESBNTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April l7, 1991 in the morning to enjoy a cup of coffee with you and then go back to their own homes, but they go back to that own home with the full pay for that month. Farming is unique in how they use their labor. True farmers do not abuse their labor. As Representative Ropp mentioned, above and beyond the dollar value, housing is often furnished . Fuel for their vehicle is often furnished. Produce and meat is often furnished . would hope that those Members from urban areas understand this uniqueness, and will rise in support of this Amendment. Thank you.'' Speaker Laurino: ''Representative Homero'' Homer: nWi1l the Gentleman yield?'' Speaker Laurino: ''Indicates he will. Representative Wennlund. '' Homer: ''Representative Wennlund, 1 think there's a 1ot of confusion about the Bill and what your Amendment would do . The current law provides an exemption from overtlme pay for émployers of agricultural labor. That's current 1aw.'' Wennlund: ''Correcto'' Homerk ''Now # your Amendment would attempt to define what agricultural labor is?f' Wennlund: ''No, the Bill to which the Amendment speaks deletes in its entirety the Amendment for agriculture. This Amendment is designed to restore the exemption for agriculture and any farmer who is employed in growing a commodity that is in an export market. Grain, beans . . . / Homer: ''Okay, I understand what the Bill tried to do, but why didn't you just put back in the current lanquage of the Bill? Why did you come up with this new language? What's different about your Amendment than current 1aw?'' Wennlund : ''We11r the Amendment would continue to apply the provisions of the Act to farmers who are engaged in growing vegetables and asparagus and those things which are not on the export market, but allow grain farmers in Illinois to 31 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April l7, 1991 continue to operate as they have been under tbe exemption from the provisions of the Act. A compromise, if you Wi1l.'' Homer: HYeah, so, the bottom line is that non-export commodities would not be exempta'' Wennlund: ''1'm sorry...n Homer: ''I guess don't understand. If the current 1aw was exempted, al1 agricultural labor. The current 1aw. '' Wennlund: 'Correct. Correct .'' Homer: ''The Gentleman tried to delete that in his Bi11. '' Wennlund: ''Correct. That's what the Dill does. '' Homer: ''You're tryin: to put it back in.'' Wennlund: ''Correct.'' Homer: 'But, youfre not putting it back in exactly the same, you're putting in some modified version of that e '' Wennlund : ''That's correct.'' Homer: ''And so is your version less inclusive? Yours would only grant the exemption for export commodities. You would agree to eliminate the exemption for non-export commodity aqricultural labor.'' Wennlund: 'That's cdrrect.H Homer: ''Sor in effect, what you're dofn: is agreeing that the current exemption needs to be limited. You would just limit it a different way.n Wennlund: frankly I'm opposed to the Bill in its entirety , but it doesn't have as big an impact. The big industry and the main industry in Illinots is corn and soybeans and canola and those types of products, and those are the ones that 1'm trying to protect as being the chief industry in one of the top corn-growing states in the nation. and I want to keep that exemption applicable to those types of agricultural products./ Homer: ''Alriqht, thatfs a11.* 32 STATE OF ILLINOIS 87th GENERAL ASSZMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DZBATE 35th Legislative Day April l7, 1991 Speaker Laurino: eRepresentative Wennlund moves for the adoption of Amendment 45 to House Bill 741. All those in favor will vote 'aye', those opposed will vote 'nay'. The board is open. Representative Granberg to explain your vote. / Granberg: OThank you, Mr. Speaker. was going to ask the Sponsor of the Amendment a question. He didn't receive my light, but the, which I can't do now, but if the Sponsor woukd just kind of elaborate, if the Representative is trying to expand the amount, the number of people who would not be affected by the overtime provisions, are you trying to limit it, Larry, or expand it with the Amendment?n Wennlund: ''Limit the...'' Granberg: you could address that, when you explain your vote, whether your Amendment makes it looser or stricter. '' Wennlundl nThe original language.'' Granberg: ''You're trying to expand it, or limit it?''

Speaker Laurino

RThe Chair apologizes, Representative Granberg, for missing your light, but the Cbair would like to also apprise the Membership that we have 2:00 o'clock meetings that are starting now today a little later because we're going on and on on this one Amendment and there's two more Amendments to this Bill, so I would just like to, the Chair would like to let all the Membership. . o evidence. Representative Curran.'' Currank eThank you, Mr. Speaker. This Amendment is simply hostile to the Bill. I appreciate 57 'no' votes. Thank you very much. Speaker Laurino: uHave al1 voted who wish? Have all voted who wish? Have all voted Who wish? Take the record r Mr. Clerk. This Amendment, having received 48 'ayes', 58 'nay', and 2 voting 'present' fails. Further Amendments, Mr. Clerk?'' Clerk Leone: 'Floor Amendment #6, offered by Representative 33 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DESATE 35th Legislative Day April l7, 1991 Curran.' Speaker Laurino: nRepresentative Curran.p Curran: ''Thank you, Mr. Speaker. This Amendment is a technical Amendment that lives up to the oriqinal intentions of the first Amendment passed in committee. The Amendment passed in committee intended to affect just agriculture with the 48 hours. That's the way this Amendment leaves the Bill as it was intended . Those who supported the Bill last time would be in favor of this Amendment, and I don't know of any opposition.'' Speaker Laurino: oRepresentative Curran moves for the adoption of Amendment 46 to House Bill 741. Al1 those in favor indicate by sayiaq 'aye'. opposed 'nay'. The 'ayes' have it. The Amendment's adopted. Further Amendments, Mr. Clerk?'' Clerk Leone: ''No further Amendments . p Speaker Laurino: ''No further Amendments. Third Reading. Agreed Resolutions, Mr. Clerk. Agreed Resolutions, Mr. Clerk.'' Clerk O'Brien: ''House...senate Joint Resolution 412, offered by Representative Novak. House Joint Resolution 3l, Matijevich; House Resolutions 320, Speaker Madigan; 334, Kirkland ; 335: Cowlishaw; 336, Parke; 337, Parke; 338, Phelps; 339: Black; 340, Black; 341, Hasara ; and 345, Nolandpf' Speaker Laurino: 'Representative Matijevich moves the adoption for the Agreed Resolutions. Al1 those in favor indicate by saying 'aye' opposed 'nay'. The 'ayes' have it and the Resolutions are adopted. Chair recognizes Representative Currie. For what reason do you arise, Representative? Representative Currie?e Currie: ''Thank you, Mr. Speaker, Members of the House. would like to waive the posting requirements so that House Bill 2034 could be heard in the subcommittee, the State 34 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE 0F REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April l7, 1991 Government Administration Subcommittee, that meets at 2:00 o'clock this afternoon, and so that House Bill 2033 could be moved from the 3:50 subcommittee to the 2 p.m . subcommittee as well. I've checked this Motion with both the Chairman of the committee and the Minority Spokesman, so would, my Motion is to waive the posting requirements with respect to those two Billsm'' Speaker Laurino: ''House Bill 2033 and 2034?/ currie: ''Yes.N Speaker Laurino: ''The Lady asks leave of the House. Has she had leave? Hearing no objections, the subcommittees will be so reported to. Leave is granted by tbe Attendance Roll Call, and those Bills will be heard in the 2:00 o'clock meeting. Representative Wolf# what reason do you arise?' Wolf: ''Thank youy Mr. Speaker. For purposes of an announcement , the Personnel and Pensions Committee meeting scheduled for 2:00 o'clock tomorrow will be cancelled. '' Speaker Laurino: ''Representative Hartke.'' Hartke OFor the purposes of announcements, Counties and Townships will meet immediately upon adjourning, immediately.' ' Speaker Laurino: ''Thank youe Sir. The Chair now recognizes Representative Matijevich. He moves that the House stand Adjourned until...hold off on that. We have General Resolutions, Mr. Clerk?'' Clerk O'Brien: ''House Resolution 344, offered by Representative Cowlishaw.'' Speaker Laurino: ''Representative Deuchler. Committee on Assignment.f Deuchler: *Mr. Speaker...'' Speaker Laurino: ''Representative Deuchler.n Deuchler: RI rise for the purpose of an announcement. The Conference of Women Legislators will meet tomorrow, Thursday, at 1100 o'clock in the Rathskellar. We will be 35 STATE OF ILLINOIS 87th GENERAL ASSEMBLV HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Leqislative Day April 1991 discussin: the recent court decision to build a new women's minimum security prison, in addition to the maximum security prison at Dwight.'' Speaker Laurino: ''For approved notificationp the Chair is going to repeat that House Bill 741 was moved to Third Reading. Death Resolutions, Mr. Clerk.'' Clerk O'Brien: ''House Resolution 342, offered by Representative Anthony Young. With respect to the memory of Dwayne C. Aytch. House Resolution 343, offered by Representative Johnson. With respect to the memory of Mrs. Donna Brinkmeyer. Speaker Laurino: 'Representative Matijevich moves the adoption of the Death Resolutions. Representative Richmond, for vhat reason do you arise?'' Richmond: ''Thank you, Mr. Speaker, for a Motion. I move thate..to waive the appropriate rules to allow posting of House Bill 734 in the Children and Family Law Commission I've spoken to the Chairman and the Minority Spokesman and there's no problem .'' Speaker Laurino: ''Leave of the House, the Gentleman will have these Bills read in the subcommittee. Leave is granted by b use of the Attendance Roll Call. The Death Resolutions are adopted. Representative Matijevich.'' Matijevich: 'Mr. Speaker, think a1l of us would join me in wishing Speaker Madigan a happy birthday on Friday. He'11 be the bi: five-oh minus one. Forty-nine years old Friday . Happy Birthday, Mike.'' Speaker Laurino: ''Representative Matijevich moves for the adjournment to 4 p.m. April the 18th, 1991. Allowing for Perfunctory Session for the Clerk, the House is Adjourned. First Special Session will come to order. The Attendance Roll Call for the Regular Session will be utilized for the Special Session, and Representative Matijevich now moves 36 STATE OF ILLINOIS 87th GESERAL ASSEMBLY HOUSE 0F REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April l7, 1991 that that Session stand Adjourned until 4:05 on April the 18th, 1991. Thank you. '' Clerk O'Brien: ''Introduction and First Reading of Constitutional Amendments. House Joint Resolution Constitutional Amendment 422, offered by Representative Keane. RESOLVED, BX THB HOUSE OF REPRESENTATIVES OF THE EIGHTY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS , THE SENATE CONCURRING HEREIN , That there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 month s after the? adoption of thls resolution a proposition to amend Section 3 of Article VI1I of the lllinois Constitution as follows: ARTICLE VIII FINANCE SECTION 3. STATE AUDIT AND AUDITOR GENERAL (a) The General Assembly shall provide by law for the audit of the obligation, receipt and use of a11 funds administered by State government whether directly o r indirectly by the legislative, executive or n'udicial branch of the State or by any instrumentality of any branch, whether appropriated or not and reqardless of source but , not funds administered by units of local qovernment or school districts, except as established by the General Assemblg by law. ' . The General Assemblg, by a vote of three-fifths of the members elected to each house, shall appoint an Auditor General and may remove him for cause by a similar vote. The Auditor General shall serve for a term of ten years . His compensation shall be established by law and shall not be diminished , but may be increased, to take effect during his term. (b) The Auditor General shall conduct the audit of a11 funds administered by State qovernment ' . He shall make additional reports and investigations as directed by the General Assembly. He shall report his STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 35th Legislative Day April 17, 1991 findings and recommendations to the General Assembly and to the Governor. SCHEDULE This Constitutional Amendment takes effect upon approval by the electors of this State. First Reading of the Constitutional Amendment. House stands adjourned.' ' 38 REQ STORE PRINT D DOCUMENT NAME OPER GROUP COMMAND DATE COPY WIDTH DEPTH ERROR T04179l-ljm 189 0 pj 04/24/91 l 66 78 RFPORT: TIFLDAY STATE UF ILLINOIS 9d/0a/ù5 PAGEZ 00t BTTH GENtRAL ASSëM3LY 16:03:18 d0US6 OF REPRESENTATIRdS DAILY TRAQSCRIPTION UF DE8ATF INDU: APRIL lYv 1991 HB-00td NECON; READING PAGF Hö-00k6 QUT OF RECORO PAGP Ha-00*3 SECUND READING PAGE H3-00%6 SEEOND RbADING PAGE H3-0053 SECBND RJAOING PAGe HB-0uô7 F13TI0N PAGE H3-0088 SECOND READING PAGE HD-009B SECONO kEADING PAG: H3-01ë9 SECOND REAOING PAGF H3-01l9 SECOND READING PAGE H3-01t9 0UT 0F RECORD PAG: Hb-013â 3fC0RD RCADING PAGE H3-0136 0UT OF RECORD PAGE H3-0212 SECOND READING PAGf H3-029: SECOND READING PAGe HB-0*6& SECOND READING PAGE H8-0542 SECOND RZADING PAGE Ho-055& SECOND READING PAG: H3-0555 SFCOND RJADING PàGe H8-0559 RECALLED PAGE HB-D7*1 SECOND READING PAGP 83-2034 K0YI0N PAGU HR-0325 24OTI0R PAGE HR-0325 REXOLUTIOI4 FAILED PAGE SUJJECT MATTEII HOUSE T0 ORDEK - SPJAKER YOUNG PAG: PRAYER - REVERE&D LAM/ERT PAGE PLEOGE OF ALLEGIANCE PAG: ROLL CALL F0R ATTCNJANCE PAGE COCMKITTEE REPORT PAGE SPEAKER KEAQE 1iç THE CHAIR PAGE CONSENT CALENDAR PAG: SPEAKER LAURINO I14 CHAIR PAGE AGREED RESOLUTIONS PAGE GENERAL RESOLUTIONS PAGJ DEATH RJSOLUTION PAGE ADJOURNMENT PAG6 FIRST SPECIAL SJSJION PAGE FIRST SPECIAL SCSSIDN - ADJOURNQENT PAGE PERFUNCTORY SESSION PAGE PERFUNCTORY SESSIJN - ADJOURNCIEIMT P4G: