Illinois General Assembly Floor TranscriptsBrowseHouse87th GA

Illinois House Floor Debate — July 2, 1991

87th General Assembly (1991-1992) · Legislative day 79 · Regular Session
Chamber
House
General Assembly
87th (1991-1992)
Date
July 2, 1991
Legislative day
79
Session
Regular Session
Speaker turns
388
Original
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Speaker McPike

"House will come to order. Representative Rice is not here today. We'll be led in the prayer this morning by Representative Anthony Young." Young, A.: "Our Father, on behalf of all the Members, we thank You for allowing us to wake up this morning to come to this chamber in an attempt to do the people's business, and we pray that You will guide us and give us the wisdom to work on behalf of the people and solve the problems of the state. In the name of Father, and the Son. Amen."

Speaker McPike

"Thank you, Representative. If you would lead us in the Pledge." Young, A. - et al: "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."

Speaker McPike

"Roll Call for Attendance. Mr. Kubik."

Kubik

"Thank you, Mr. Speaker. Let the record reflect Representative Klemm and Ewing are excused today."

Speaker McPike

"Representative Matijevich."

Matijevich

"We're all here except Mary Flowers, and she's around somewhere, I'm sure."

Speaker McPike

"Thank you. Mr. Clerk, take... yes, Mary Flowers is excused absence. Mr. Clerk, take the record. 115 Members answering the Roll Call, a quorum is present. Does the Chair have your attention for a second? Could we have your attention for a second, please? We intend to work for approximately an hour, and then break for lunch, come back at 3 and stay until early evening, maybe 6 p.m. So, we'll start for an hour. The bad news is that we'll be back here tomorrow, and Thursday, and Friday, and Saturday. Supplemental Calendar #1, Senate Bill on Nonconcurrences. Senate Bill 195, Representative Keane. Mr. Doorkeeper, Mr. 1 79th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 Doorkeeper, would you clear the floor of all lobbyists? Mr. Keane. Ann Stepan. Mr. Rotello. Representative Currie. Nonconcurrence. Miss Currie. The Lady moves that the House Nonconcur on House Amendment #5 to Senate Bill 195. The Lady moves that the House refuse to recede from House Amendment #5 to Senate Bill 195, and asks for a Conference Committee. All in favor say 'aye', opposed 'no'. The 'ayes' have it, the Motion carries. Senate Bill 837, Representative Trotter. Mr. Keane, we just did your Bill. Mr. Trotter. Representative Keane on the previous Motion on Senate Bill 195. Mr. Keane, having voted on the prevailing side, moves to reconsider the vote by which the House refused to recede from House Amendment #5. No objections, the Attendance Roll Call will be used on the Motion, and the vote is reconsidered. Mr. Keane."

Keane

"Thank you, Mr. Speaker, I move to recede from House Amendment 5 to Senate Bill 195."

Speaker McPike

"Alright. The Gentleman moves to recede from House Amendment #5 to Senate Bill 195. All in favor, vote 'aye', opposed vote 'no'. This is final action. This takes 60 votes. Mr. Black."

Black

"Thank you very much, Mr. Speaker. Is the Sponsor...well, 109 votes, I guess he's sure he wants to do this..."

Speaker McPike

"There's a correction. There's a correction. It's 71 votes. Have all voted? Have all voted who wish? Clerk will take the record. On this Motion, there are 114 'ayes', no 'nays', and the House recedes from House Amendment #5 to Senate Bill 195, and this Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 837, Representative Trotter. Senate Bill 1006, Representative Giorgi."

Giorgi

"Mr. Speaker, I move to refuse to recede from Amendment #3 to Senate Bill 1006, and ask that a Conference Committee 2 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day be struck." July 2, 1991

Speaker McPike

"Alright, the Gentleman...on the Motion, Mr. Black."

Black

"Thank you, Mr. Speaker. Question of the Sponsor."

Speaker McPike

"Yes."

Black

"Is it your intention to put this into a Conference Committee Report?"

Speaker McPike

"Representative Brunsvold."

Brunsvold

"Thank you, Mr. Speaker, Representative Black, we've been working on the language to try to restructure the Board, as far as the fire distributors are concerned, and I think we're just about there. Changing the Board and lowering the fees will be the extent of the changes that we would incorporate into this Conference Committee Report."

Black

"You're really only going to work on that issue. We don't...you're not...it's not your intention to bring this back for legalization of fireworks?"

Brunsvold

"No, no. Absolutely not. The original Bill as it exists with Amendment 1 and 2 agreed by the Senate we are now just trying to come to final agreement on the structure of the Board, and the fees are agreed on already, and that's it."

Black

"Okay. Okay. Thank you."

Speaker McPike

"Representative Brunsvold, is the Motion on both Amendments? 1 and 6?"

Brunsvold

"The Senate agreed on Amendment 1 and 2, and they adopted,...they concurred in Senate Amendments 1 and 2, and nonconcurred with Senate Amendment 3."

Speaker McPike

"That's a correction, Mr. Brunsvold. We're on House Amendment #3, correct? Only. Just House Amendment #3 only."

Brunsvold

"Right."

Speaker McPike

"Thank you. Motion is, the House refuse to 3 79th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 recede from House Amendment #3 to Senate Bill 1006, and the Gentleman requests a Conference Committee. All in favor say 'aye', opposed 'no'. The 'ayes' have it, and the Motion carries. On the Order of Concurrence on...'do adopt' on Conference Committees, House Bill 2, Mr. Novak. House Bill 57, Representative Santiago. House Bill 70, Representative Brunsvold. Mr. Brunsvold. House Bill 70."

Brunsvold

"Could we take this out of the record for a minute, Mr. Speaker, until I get my file?"

Speaker McPike

"Mr. Brunsvold."

Brunsvold

"Thank you, Mr. Speaker. House Bill 70 was...originally was the pheasant stamp clarification language which still remains in the Bill. The rest of the Bill contains language dealing with the Conservation Police and the Department of Conservation regarding the covert actions on buying of illegal furs and meats and things like that, that was agreed to by the two conservation groups. There's language in there about the bird shooting, taking the Department of Conservation out of the licensing of pigeon shoots, and some corrective language and also that of Representative Sieben's technical language dealing with the Boat Registration and Safety Act. I know nothing controversial in this Bill, and would ask for the adoption of Conference Committee Report on House Bill 70, and it passed out of the Senate 58 to 0, which probably doesn't mean a whole lot."

Speaker McPike

"Representative Matijevich."

Matijevich

"Joe, I have no problem with the Bill itself... As you know, I had the Bill to try to outlaw the pigeon shoots, and I think the repeal of the Act whereby the Department of Conservation has to give a permit and adopt rules and regulations, I think that's an admission by the Department that they're getting a lot of heat about pigeon 4 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 that shoots. However, by repealing it we're really saying those who have the pigeon shoots for sporting purposes, they can do whatever they want, as many times as they want, and I really think that's a mistake. I think that the Department ought to continue to provide the permits, and ought to at least have some measure of control, as little as it is. I'm going to vote 'no' just on that provision. Everything else is alright, but I'm not one to tell everybody that they ought to think like I do, but that's my position."

Brunsvold

"Well, John, just in response to that...this would put Illinois in the same position as 43 other states as far as their conservation units licensing or... excuse me, not licensing these pigeon shoots. It would put the responsibility back on local government to decide what they're going to do, and that's okay with me. I guess it's a half a step to where you want to go."

Matijevich

"Yeah. Well, I'm not sure about that, because, you know, I...if there were something in our statute that was strong with regards to local government, but being silent, I think these guys are going to do whatever they want, and I don't like that."

Brunsvold

"I appreciate your comments, John."

Speaker McPike

"Representative Wojcik."

Wojcik

"A question of the Sponsor. Is a personal watercraft a jet-ski?"

Brunsvold

"I'd yield to Representative Sieben who has this section of the Bill."

Speaker McPike

"Mr. Sieben."

Sieben

"That Conservation. provision was added by the Department of It does apply to personal watercraft, which would be a jet-ski."

Wojcik

"What other personal watercraft would it be? A 5 79th Legislative Day jet-ski..."

Sieben

"Well, any STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 small type of watercraft that could be operated by a single individual for their own personal use."

Wojcik

"As long as it has a motor, correct?"

Sieben

"Right. As long as they're motorized."

Wojcik

"The windsails aren't involved in this. The surfing..."

Sieben

"No. According to Representative...Motorized only."

Wojcik

"Okay. Thank you."

Speaker McPike

"Further questions? Question is, 'Shall the House adopt the First Conference Committee Report to House Bill 70?' All those in favor vote 'aye', opposed vote 'no'. This requires 71 votes. Have all voted Have all voted who wish? Clerk will take the record. On this Motion, there are 105 'ayes', and 4 'noes', and House Bill 70...and this Motion, 'do adopt' the First Conference Committee Report, and the First Conference Committee Report to House Bill 70 is adopted, and this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 114, Representative Novak."

Novak

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move that we adopt the First Corrected Conference Committee Report on House Bill 114. House Bill 114, as you know, requires...as you recall, creates a Local Hazardous Waste Collection Program Act. It required the EPA to formulate a pilot project for the collection of small quantities of household hazardous waste. We amended the Bill to include the Tipping Fee for the Solid Waste Management Fund..."

Speaker McPike

"Representative Novak, the Calendar shows that this is the First Conference Committee Report. We have no corrected version."

Novak

"Okay. Mr. Speaker, I apologize...I think we just filed 6 79th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 the First Corrected Conference Committee Report, but apparently it's not on the Calendar yet, so we could take it out of the record."

Speaker McPike

"Yes. Take this out of the record. Representative...on House Bill 57, Representative Santiago."

Santiago

"Thank you, Mr. Speaker. I move to accept First Conference Committee Report on House Bill 57. I move to adopt First Conference Committee Report on House Bill 57."

Speaker McPike

"And on that Motion, Representative Johnson."

Johnson

"I was just going to speak to the Bill when Representative Santiago is done delivering it. Maybe he has..."

Santiago

"I can't hear what you're saying, Tim."

Johnson

"No, I...have you already introduced the Bill?"

Speaker McPike

"Yes."

Santiago

"Yeah."

Johnson

"Okay. In regard to the Bill, Mr. Speaker and Members of the House... House Bill 57 represents, I think, what'll be regarded when this Session's over, as one of the more progressive, intelligent pieces of legislation that we came up with, to put Illinois in the vanguard of states nationwide in the area of firearms. This Bill, first of all, achieved the objective that both supporters and opponents of gun control say, and I believe really do want to achieve, and that is to keep firearms out of the hands of people who shouldn't have them. This Bill, by a dial up instant check system would provide that within the 72 hour and 24 hour wait periods of existing law that checks for mental illness and criminality since the issuance of a FOID card can be instantly checked. Cuts down on the waste and bureaucracy in effect. Also sets up a nine member blue ribbon committee who many people believe will ultimately 7 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 recommend what a lot of people have recommended for some time, and that is that the FOID card, the existing system is archaic, and one that will be immediately and fully replaced by this dial up telephone instant check system. It comprised, as the Representative said, nine specified members including the mayor, state's attorney, chief local law enforcement official et cetera et cetera. I think this is a very good, progressive piece of legislation that unites supporters and opponents of gun control, and achieves what we all want to achieve, and that is the protection of the citizens from people who shouldn't have guns."

Speaker McPike

"Representative Ropp."

Ropp

"Thank you, Mr. Speaker. Would the Sponsor yield?"

Santiago

"Yes."

Ropp

"Representative, is this dial up system already in place, or will this be a first in the nation?"

Santiago

"This is a new initiative that was proposed by the Governor and also by the gun...anti gun activists and pro gun activists, by the NRA, and so I'm told and a couple of other groups."

Ropp

"So, in other words, there wouldn't be any waiting period. There would...as long as it would take to print out a reading, that would be as quick as..."

Santiago

"It'll be an almost check. It doesn't do anything to the current system at all."

Ropp

"It would what?"

Santiago

"It doesn't do anything to the current system at all. This is just like a pilot program."

Ropp

"Okay. This would be like a pilot program, but it would be the first in the nation, as a speedy, quick check of any felons or people who are mentally..."

Santiago

"That is correct.” 8 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day

Ropp

"Thank you."

Speaker McPike

"Representative Doederlein." July 2, 1991

Doederlein

"Mr. Speaker, Ladies and Gentlemen of the House. I'd like to speak to this Bill. First, I want to thank Jim Findlay of the State Police, and the Illinois State Rifle Association, and the National Rifle Association for working out all of the glitches that were in the first draft. However, even if I vote for this legislation, I feel that I have a...I have to point out some of my constituents are very upset when they are disenfranchised from the committee process. They see no reason to rush legislation of this sort out at the last two days. The gun buddies, and I say this in a most endearing way, just as Representative Johnson would say his lawyer friends, or Representative Parke his insurance friends, or others would say educational friends, banking friends, et cetera... the gun buddies feel that they who are affected the most, they who are the ones that are going to be taxed for this new found government efficiency, they who are the ones who have been, and still are heavily taxed for their sporting equipment, with always more and more benefits taking it away from them, should have input into this legislation that was so important to them. My constituents still have more concerns than those that are...were corrected in the redrafting of this Bill, but I have been advised that these concerns will be addressed in rules and regulations. However, I think I should make some of these concerns on...to have on record. Concern #1 is, what records are going to be kept on the calls that are coming in to the state police? Concern #2 is about the appointment of the nine member committee that will be appointed by the Governor to evaluate the program. In the first drafting, and in later draftings, was the superintendent of Chicago 9 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 police department or his representative. They were to...he was to evaluate on the evaluation team. My constituents could not understand why someone from Chicago, where there are no legal gun shops, would be on the evaluation team. Now, I understand that the Mayor of Chicago takes the superintendent of Chicago police departments place. Why? Again we ask, why Chicago, where there are no licensed gun shops in Chicago? Chicago has its own crime problem. This Bill does not address Chicago's crime problem. Criminals do not obtain firearms through legal channels, and lawmakers need to realize this. Only law abiding citizens obey gun laws, and only law abiding citizens aren't the ones...they aren't the ones that are a threat to law and order. We need tougher laws that punish criminals. The gun buddies are concerned that the State's Attorney appointed to the evaluation team may also be from a northern county, and that the southern part of the state will not be represented. My constituents are concerned that on the appointed board there is not one member that represents the Illinois licensed firearm dealer industry. They would be...this would be unheard of if it was a banking Bill, if it was an insurance Bill, if it was a retailer's Bill, you would have these people on that evaluation team. We would like to see that a member that represents the Illinois licensed firearm dealers industry would be on that team. They are concerned that it could not be negotiated in the Bill. That the individual representing a private organization that opposes strict regulations of firearms and the individual representing a private organization that supports strict regulation of firearms, would have to be from a state organization and not a national organization. They are also concerned about the rules under which the police personnel can buy guns. I 10 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 believe many of my constituents would like to see this legislation have an extended date until October, but I have been told that this Bill is going to fly out of here, so I request that when rules and regulations are being considered on this Bill, that any organization both pro and con, any individual who writes to J-Car chairman for notification will be mailed a notice of J-Car's meeting on the rules and regulations of this Bill, and in a timely fashion. I thank you for listening to the concerns of my constituents. The licensed firearm dealers in Illinois have long supported the updating of the State Police computers, and they don't mind paying for it, but they would appreciate some consideration. Thank you very much for listening to the concerns of an industry. Thank you."

Speaker McPike

"Mr. Black."

Black

"Thank you very much, Mr. Speaker. Will the Sponsor yield?"

Speaker McPike

"Yes."

Black

"Representative, there isn't anything in this Conference Committee Report dealing with trigger locks?"

Santiago

"No. You're correct."

Black

"There isn't anything in this Conference Committee Report that deals with liability insurance if you own a firearm?"

Santiago

"That is correct."

Black

"Further, you...I think you have stated to Representative Ropp... This does not change or alter in any way the current waiting period that Illinois has established for the delivery of handguns or long guns. Is that correct?"

Santiago

"That is correct."

Black

"Also for the record. If the Report could not be returned to the point of sale within that waiting period, can the prospective purchaser receive his or her purchase anyway? In other words, will this point of contact search...could 11 79th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 it conceivably hold up the delivery of the purchase?"

Santiago

"I don't think so. I think the system will continue working as it is."

Black

"Okay. It would not be your intent to do so?"

Santiago

"No."

Black

"Thank you very much, Representative. I congratulate you. You've done a lot of work on this, I think this is a very reasonable Bill that both sides of this controversial issue can support, and I congratulate you."

Speaker McPike

"Representative Brunsvold."

Brunsvold

"Will the Gentleman yield for a question? Miguel, what exactly are the duties of this nine member commission or board? What will be their responsibility at the end of this period?"

Santiago

"Well, the duties have not been defined to me as of yet, but what we will do is, whoever is in the committee...the nine member committee will take input from the public and try to come up with some solutions and some piece of legislation."

Brunsvold

"They're supposed to report to the General Assembly, in... I think 1993."

Santiago

"You're...that is correct."

Brunsvold

"What are they going to...I mean, are they going to report on how well the instant check works, or..."

Santiago

"Right. That's the whole objective of reporting back to the..."

Brunsvold

"And will they make a recommendation on the FOID card and whether it should be extended or not?"

Santiago

"If...that will be determined by the committee."

Brunsvold

"The only other concern I would have, Representative, would be the makeup of the commission. All I ever would ask for is that a balance be achieved on this committee of pro gun or anti gun people, so that at least we can have a 12 79th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 good debate on this."

Santiago

"That is the whole intention of the Governor and other people that have sat down to develop this committee."

Brunsvold

"Thank you, Representative."

Santiago

"Thank you."

Speaker McPike

"Mr. Santiago to close."

Santiago

"Thank you, Mr. Speaker. I rise in support of this Bill. I think it's a compromise, it's a...it takes a first step to try to bring some new gun regulations into the General Assembly. Will give the public an opportunity to express their feelings, so I move to adopt this Conference Committee Report."

Speaker McPike

"The question is, 'Shall the House adopt the First Conference Committee Report to House Bill 57?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Motion, there are 113 'ayes', no 'nays', and the House does adopt the First Conference Committee Report to House Bill 57, and this Bill, having received a Constitutional Majority is hereby declared passed. This Bill, having received a Three-Fifths Constitutional Majority is hereby declared passed. On House Bill 121, Representative Currie. House Bill 799, Representative Hartke."

Hartke

"Thank you very much, Mr. Speaker, I'm not sure that the corrected Conference Committee Report is distributed yet."

Speaker McPike

"No. We do not have a corrected version. Out of the record. House Bill 945. Mr. Capparelli. House Bill 971, Representative Wolf. House Bill 1128, Representative Trotter."

Trotter

"Thank you very much, Mr. Speaker, and Members of the House. Conference Committee #2 incorporates part of the language that was in House Bill 1128. 1128 initially began 13 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 as a multifaceted effort to provide comprehensive policy guidelines regarding a serious problem of substance abuse in pregnant women. One of its major components was that we were attempting to take the problem of women who are addicted to drugs out of the criminal court system, and place them into a treatment center where many of us rightly feel that it belongs. The language was strong, and it was...would have made a big impact on the lives of many of our people in the State of Illinois. However, it was not agreed upon in the Senate, so what we have come up with in this Conference Report is language that will provide if the...will change the Public Aid Code to require Medicaid providers to receive information from the Department of Public Aid on availability of services under the Drug Free Families of the Future program and providing case management services for addicted women. It's not a whole loaf. However, it is a big step forward in addressing one of the major concerns that has impacted this whole country, and that's drug addiction among a good portion of our community, and that is the women, and also dealing with the quality of life for the children. We have come to some consensus language, and I would like to see its passage."

Speaker McPike

"Representative Black."

Black

"Thank you very much, Mr. Speaker. Will the Sponsor yield?"

Speaker McPike

"Yes."

Trotter

"Yes."

Black

"The underlying Bill as passed the House, and I think everyone was familiar with this... it prohibited the Department of Children and Family Services from disclosing to police any information about a mother whose newborn infant had traces of a controlled substance in its blood or urine. Has that... under the Second Conference Committee 14 79th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 Report, can the Department now notify the police in such a case?"

Trotter

"Yes, they can. All that language has been deleted. At the request of the Department of Children and Family Services we deleted pages 11 and 12 in addition to pages 9 and 10, which incorporated the language."

Black

"Alright. Could that information then be used for prosecution if deemed necessary by the State's Attorney, or would you embargo that?"

Trotter

"Okay. I'm not an attorney, so I cannot say legally what the Department can and cannot do. However, that language is not incorporated in House Bill 1128."

Black

"Okay. Thank you very much."

Speaker McPike

"Mr. Trotter, would you like to close?"

Trotter

"Well, not to belabor the point, Mr. Speaker, I just would like passage of this Bill at this time."

Speaker McPike

"I'm sorry, there's one more light on, I didn't see it, but Representative Weaver."

Weaver

"Thank you, Mr. Speaker, just a brief question. Under your Conference Committee Report here, can DCFS take protective custody of the child?"

Trotter

"Yes, they can. It's not clear...it's not written in our Conference Report. However, the language that stated before that they could not has been deleted. I do not know what the other regulations are in the other Bills or what's already on the books, but it's not incorporated in the language in 1128."

Weaver

"Thank you."

Speaker McPike

"The question is, 'Shall the House adopt the Second Conference Committee Report to House Bill 1128?' All in favor vote 'aye', opposed vote 'nay'. This requires 71 votes. Have all voted? Have all voted who wish? Clerk will take the record. On this Motion there are lll 'ayes', 15 79th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 no 'nays' and the House does adopt the Second Conference Committee Report to House Bill 1128, and this Bill, having received a Three-Fifths Constitutional Majority is hereby declared passed. House Bill 1415, Representative Homer. Tom Homer. House Bill 1609, Representative Currie."

Currie

"Thank you, Mr. Speaker, and Members of the House. I move the House 'do adopt' the First Conference Committee Report on House Bill 1609. There are basically three provisions in the Bill. One has to do with the standards that a court uses in determining that there has been...that there is evidence of domestic violence or abuse. Secondly, there is a corrective...there's corrective language in respect to the provisions of House Bill 1608 which have already been approved by this and the Senate chamber and that issue has to do with making sure the courts, when people are asking for orders in respect to child custody or other kinds of things, encouraging the court to find out whether another court has entered any other kind of order. Order of protection, for example. And finally at the suggestion of the Attorney General, this language would delete current limitations on our ability to spend money through the Crime Victim's Compensation Fund. So I'd be happy to answer your questions, and would appreciate your support."

Speaker McPike

"Representative Wennlund."

Wennlund

"Thank you, Mr. Speaker. Will the Sponsor yield?"

Speaker McPike

"Yes."

Wennlund

"Thank you. Representative, does...it's my understanding that this Conference Committee Report provides that an Order of Protection shall not be nullified because the victim allows the offender to return to the residence..."

Currie

"No. That's not in this Report." 16 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day

Wennlund

"That is not in that report."

Currie

"Not in this report." July 2, 1991

Wennlund

"Is there...is there anything that would eliminate any kind of a defense like that in the event of a contempt proceeding?"

Currie

"Pardon me?"

Wennlund

"Is there anything in this report that would eliminate any defense in a contempt proceeding for violation of an Order of Protection?"

Currie

"That...there was language like that that was adopted in the Senate, and that language is not in this Conference Committee Report."

Wennlund

"Thank you very much."

Speaker McPike

"Further discussion? The question is, 'Shall the House adopt the First Conference Committee Report to House Bill 1609?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are lll 'ayes', and no 'nays', and the House does adopt the First Conference Committee Report to House Bill 1609. This Bill, having received a Three-Fifths Constitutional Majority is hereby declared passed. House Bill 1929, Representative White. Jesse White. House Bill 1982, Representative Bugielski."

Bugielski

"Thank you, Mr. Speaker, and Members of the House. I move that we accept the First Corrected Conference Committee Report on House Bill 1982. This is the same Bill that came up yesterday, and it passed out of here 115 votes, and as the Roll Call was going on, we noticed that there was no effective date, and the only thing that we have changed in here now is the effective date, so I ask for a favorable Roll Call."

Speaker McPike

"Any discussion? There being none, the question 17 79th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 is, 'Shall the House adopt the First Corrected Conference Committee Report to House Bill 1982?' All in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Motion, there are 114 'ayes', and no 'nays', and the House does adopt the First Corrected Conference Committee Report to House Bill 1982, and this Bill, having received a Three-Fifths Constitutional Majority is hereby declared passed. House Bill 2446, Representative Satterthwaite."

Satterthwaite

"Mr. Speaker and Members of the House, the Conference Committee Report on this Bill contains two issues. One is the restructuring of the board...of a committee called the Illinois Coordinating Committee on Transportation. The reason for this is to involve some people who have been able to find a better way of coordinating transportation services to disabled people, and the second issue deals with the deposit of moneys to state agencies, payments for services from the Department of Mental Health and Developmental Disabilities. I know of no opposition to either issue, and would urge your support for passage of the Conference Committee Report."

Speaker McPike

"Is there any discussion on Representative Satterthwaite's Motion? There being none, the question is...the question is, 'Shall the House adopt the First Conference Committee Report to House Bill 2446?' All in favor vote 'aye', opposed vote 'no'. This requires 71 votes. Have all voted? Have all voted who wish? Clerk will take the record. On this Motion, there are 115 'ayes', no 'nays', and the House does adopt the First Conference Committee Report to House Bill 2446, and this Bill, having received a Three-Fifths Constitutional Majority is hereby declared passed. Returning to House Bill 1929, Representative White. You're on." 18 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day

White

"Mr. Speaker, July 2, 1991 Ladies and Gentlemen of the House. I move to adopt the First Conference Committee Report on House Bill 1929. There is no opposition to this Bill. It consists of rules and regulations for condominium association members, and I move for its adoption."

Speaker McPike

"Is there any discussion of the Gentleman's Motion? There being none, the question is, 'Shall the House adopt the First Conference Committee Report to House Bill 1929?' All those in favor vote 'aye', opposed vote 'no'. Representative Levin."

Levin

"Yes. Just for the record, I would just like to indicate I do represent Condominium Associations and also unit owners."

Speaker McPike

Kulas

"Have all voted? Have all voted who wish? Clerk will take the record. On this Motion, there are 114 'ayes', and no 'nays', and the House does adopt the First Conference Committee Report to House Bill 1929, and this Bill, having received a Three-Fifths Constitutional Majority is hereby declared passed. Representative Homer. Representative Rice had intended to vote 'aye' on that last Bill, the record will so reflect. Representative Homer, do you wish to call House Bill 1415? No. House Bill 2491, Representative Kulas." "Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. I move to adopt the First Conference Committee Report on House Bill 2491. If I could have your attention for a few minutes, this might be one of the most important pieces of environmental legislation that we'll pass this Session, so I'd like your attention for a few minutes. The Conference Committee Report is actually the report of the medical waste study group which had been formed almost two years ago, and who has worked diligently to come up with some new rules dealing with medical infectious waste. 19 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 Under the current law, only infectious waste generated at hospitals in Illinois is regulated. This Bill would add a new definition of potentially infectious medical waste to the statute which would be regulated regardless of where it was generated. Potentially infectious medical waste would include items such as human tissue, body parts, human blood, blood products, cultures of infectious agents, waste generated in connection with isolation of people with highly communicable diseases, some animal wastes and sharps. Waste which had been treated to remove the infectiousness by techniques such as steam sterilization, incineration, or chemical disinfection is no longer regulated as PIMW. The landfilling of untreated PIMW would be banned under this law. A licensed BIMW hauler would be required to transport PIMW. A separate manifest would also be used to track the generation and the disposition of PIMW in the State of Illinois. All generators of less than 50 pounds per month, and those that handle only their own waste on site, would be exempt from most regulations in this statute. Proper packaging of PIMW for transport would be required, though, in all cases. This regulatory program would be funded by a PIMW hauler license fee of $1,000 per company, and $250 per truck. A PIMW manifest fee of $2 and a fee of 1 1/2¢ per pound of PIMW manifested for shipment. This latter requirement would help ensure that fees are collected on medical waste transported to Illinois from other states. In addition, under this legislation, infectious hospital waste would no longer be subject to the state's hazardous waste fee. I would like to commend the medical study task force that has worked on this issue for over 18 months for their hard work on this issue, I think this is a good law, all of the groups who have participated...the Illinois Hospital Association, the 20 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 Illinois State Medical Society, the Illinois State Dental Society, the Illinois Veterinary Medical Society, the University of Illinois, the National Solid Waste Management Association, as well as representatives of individual waste disposal treatment and transport companies. The Pollution Control Board, the Department of Public Health, and the IEPA, have all signed off on this Bill. I'll be glad to answer any questions."

Speaker McPike

"And on the Motion, Representative Pedersen." Pedersen, B.: "Thank you, Mr. Speaker, will the Sponsor yield?"

Speaker Kulas

"Yes." Pedersen, B.: "Representative, I believe in section 21(k) of this Conference Committee Report there's a paragraph regarding legislative intent. Do you have any comments regarding that legislative intent?"

Kulas

"Well, the intention of this legislation is prospectively only upon the effective date and in no way would reach back to affect any activities which took place prior to the effective date." Pedersen, B.: "Thank you."

Speaker McPike

"Representative Olson." Olson, B.: "Thank you, Mr. Speaker. I am acquainted with one member of the medical waste task force who spent much time on this...devising material that went into this legislation. I also spoke with and worked with Representative Kulas in this process, and I encourage everyone to support this Conference Committee Report on 2491 with a 'yes' vote."

Speaker McPike

"Mr. Black."

Black

"Thank you very much, Mr. Speaker. Will the Sponsor yield?"

Kulas

"Yes."

Black

"Representative, for purposes of legislative intent, I 21 79th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 need to read some things into the record. Let me ask you, Representative Kulas, this legislation would exempt generators of 50 pounds or less of medical waste per month from the regulations of the agency. Is this correct?"

Kulas

"That is correct."

Black

"Does this exemption apply to all fees, manifests, and reports?"

Kulas

"Yes, it does."

Black

"Well, thank you very much. That clarifies some things, I think that are very important. Thank you."

Speaker McPike

"Mr. Kulas to close."

Kulas

"I would just move for the adoption of the First Conference Committee Report."

Speaker McPike

"The question is, 'Shall the House adopt the First Conference Committee Report to House Bill 2491? All in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Bill, there are 115 'ayes', no 'nays', and the House does adopt the First Conference Committee Report to House Bill 2491, and this Bill, having received a Three-Fifths Constitutional Majority, is hereby declared passed. Senate Bill 37, Representative Granberg. Senate Bill 42, Representative Currie. Representative Curran."

Curran

"I move the adoption of the Conference Committee Report on Senate Bill 42. There are some minor changes. After Senate Bill 42 passed the House unanimously, and that is that...it clarified that an employee may not draw sick leave from the bank until after vacation time, personal days and compensatory time, and sick leave have been exhausted. It requires that employee to leave 10 sick days for the employees' own use. It also establishes an office of state travel management to develop and implement a state travel management program, and requires the office to file 22 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 a report of the activities of the office and cost saving measures instituted by that office. I think there's no opposition to this now. It's a modified proposal which came through the Senate, and I'd be glad to answer any questions, move for a favorable Roll Call."

Speaker McPike

"And on that, Representative John Dunn."

Dunn

"Will the Sponsor yield for a question? What happens when an employee...if this becomes law, and an employee leaves state government, what happens to their accrued sick leave? Are they able to draw compensation for that, or must they forfeit sick leave?"

Curran

"Right now and...would not change under this Bill as far as I know, nothing is mentioned here, is that an employee gets a one half the time for sick leave paid in a lump sum."

Dunn

"Okay. Thank you. I hope someday we'll have a Bill to address that. Sick leave should be for sick leave, and it should not be for compensation, but it's not in this Bill...thank you very much."

Speaker McPike

"Representative Deuchler."

Deuchler

"Would the Sponsor yield for a question, please?"

Mc Pike

"Yes."

Deuchler

"Representative Curran, you did mention something about the travel bureaus. Would you, just for the record, run over that again, please?"

Curran

"Yes. It requires Central Management Services to establish the Office of State Travel Management to develop and implement a State Travel Management Program. Representative Deuchler, it has been told to me by the Senate Sponsor and by Mark Killiam that there is no opposition now from the travel agencies. Let me explain further, that the goal of the program shall be the reduction of the state's travel expenditures, and the 23 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 79th Legislative Day efficient use of state resources."

McPike

"The question is..."

Deuchler

"I remember...could I just ask a further question? So this provision on the travel agencies is considerably different than the one we voted on yesterday on 1079, is that correct?"

Curran

"To be honest with you..."

Deuchler

"Grandfathering in the travel agencies?"

Curran

"I just don't know what we voted on in '79. This is considerably different thant what we refused to accept in the State Government Administration Committee, but I don't know what we did on 1079, so I just don't know."

Deuchler

"But this would set up an office, a new office of travel arrangements through the state."

Curran

"Travel Management. That's correct."

Deuchler

"Well, I have talked to the Bill. I have talked to several travel agencies in my district, and they do have concerns about this, Representative Curran."

Curran

"Then... and I don't disagree with you, I was just told different than that."

Speaker McPike

"Representative Harris."

Harris

"Thank you, Mr. Speaker. Question of the Sponsor?"

Speaker McPike

"Yes."

Harris

"Representative, do I read this correctly, that the legislative and judicial branches are not covered under this? Am I reading that right? Page 3, line 23."

Curran

"Yes."

Harris

"Is there a particular reason why we have been exempted?"

Curran

"This is not my language and I have no idea why we have been exempt, nor do I have any idea why the judicial branch has been exempt."

Harris

"Okay. Following through for just a second on...one of the responsibilities of the State Travel Management 24 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 Director will be to, under point two, will be to devise policies, regulations, procedures for the implementation which shall include but not be limited to retention of all earned travel bonus miles by the employee's agency, so I gather that when we fly and earn bonus miles, we are not then covered by this, and retain those under current procedure. Is that correct?"

Curran

"I think your assessment of this, given what I'm looking at, is accurate."

Harris

"Thank you very much."

Speaker McPike

"The question is, 'Shall the House adopt the First Conference Committee Report to Senate Bill 42?' All in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 96 'ayes', and 13 'nos', and the House does adopt the First Conference Committee Report to Senate Bill 37, and this Bill, having received a Three-Fifths Constitutional Majority...correction. The House does adopt the First Conference Committee Report to Senate Bill 42, and this Bill, having received a Three-Fifths Constitutional Majority is hereby declared passed. On the Regular Calendar on page 3, under Senate Bills Third Reading appears Senate Bill 214. Mr. Clerk, read the Bill."

Leone

"Senate Bill 214, a Bill for an Act to amend the Airport Authorities Act. Third Reading of the Bill."

Speaker McPike

"Representative Marinaro. Out of the record. Senate Bill 214."

Marinaro

"Mr. Speaker, and Ladies and Gentlemen of the House. Senate Bill 214 is in regards to the DuPage County Airport Authority. We would like to move it back to Second Reading."

Speaker McPike

"Alright. The Gentleman asks leave to return the 25 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 Bill to Second Reading. there being no objections, leave is granted. The Bill's on Second Reading. Mr. Marinaro."

Marinaro

"Mr. Speaker, we would like to table Amendment #1."

Speaker McPike

"The Gentleman moves to table Amendment #1. All in favor say 'aye', opposed 'no'. The 'ayes' have it, and Amendment #1 is tabled. Further Motions?"

Marinaro

"Mr. Speaker, we'd like to have leave to return this to Third Reading."

Speaker McPike

"Third Reading. Mr. Clerk, read the Bill."

Leone

"Senate Bill 214, a Bill for an Act to amend the Airport Authorities Act. Third Reading of the Bill."

Speaker McPike

"Representative Marinaro."

Marinaro

"Mr. Speaker and Ladies and Gentlemen of the House. I would prefer an 'aye' vote on this."

Speaker McPike

"And on that, Representative Wennlund."

Wennlund

"Thank you. Will the Sponsor yield?"

Speaker McPike

"Yes."

Wennlund

"Representative, what was the purpose of tabling Amendment #1?"

Marinaro

"What it's doing, Representative, is restoring the Bill as it came out of the Senate."

Wennlund

"Alright. What is the...I don't understand. What is the reason again, why...that you moved to table Amendment #1?"

Marinaro

"We'd like to return it back to its original form. In other words, all we were looking for in this Bill is to have representation from Kane County and DuPage County on the board."

Wennlund

"The...I know you're not from DuPage or Kane county..."

Marinaro

"I'm just filling in for Representative Hicks."

Wennlund

"I'm sorry. I can't hear you."

Speaker McPike

"Let's take this Bill out of the record. Mr. Clerk, let's take this Bill out of the record. The Bill is 26 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 on Third Reading, let's take it out of the record. The Bill's out of the record. Representative Matijevich moves that the House stand in recess until the hour of 3 p.m. In favor say 'aye', opposed 'no'. The 'ayes' have it. 3 p.m."

Speaker Giglio

"The House will remain at ease for a few minutes. Representative Trotter. Trotter in the chamber? Novak, Representative Novak. You like to hear Senate Bill 2. House Bill 2."

Novak

"Yes, Mr. Speaker. An inquiry of the Chair. Is the First Corrected Conference Committee on the Supplemental Calendar printed?"

Speaker Giglio

"Clerk informs the Chair it's not printed."

Novak

"Take it out of the record."

Speaker Giglio

"Take it out of the record. Supplemental Calendar announcements."

O'Brien

"Supplemental Calendar #2 is being distributed."

Speaker Giglio

"Representative Bugielski on a Motion. Representative Bugielski."

Bugielski

"Thank you, Mr. Speaker, and Members of the House. Rising in reference to Senate Bills 907, 907...the First Conference Committee Report failed in the Senate, and I'm just asking for a Second Conference Committee to convene."

Speaker Giglio

"You heard the Gentleman's Motion. All those in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. Representative Keane."

Keane

"Thank you, Mr. Speaker, Senate Bill 872 died in the Senate, and therefore I'd ask for appointment of a Second Conference Committee Report."

Speaker Giglio

"You heard the Gentleman's Motion. All those in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it, a Second Conference Committee Report is requested. Representative Marinaro, Senate Bill 27 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 Third Reading, page 3 of the Calendar, Senate Bill 214. Mr. Clerk, read the Bill."

O'Brien

"Senate Bill 214, a Bill for an Act to amend the Airport Authorities Act. Third Reading of the Bill."

Speaker Giglio

"Representative Marinaro."

Marinaro

"Mr. Speaker, we'd like to return it to Second Reading, please."

Speaker Giglio

"You heard the Gentleman's Motion to bring the Bill back to Second. Does he have leave? Hearing none, leave is granted. Bill's on Second Reading. Mr. Clerk."

Marinaro

"Mr. Speaker, we would like to reconsider the vote we took to table Amendment #1."

Speaker Giglio

"Does the Gentleman have leave to table Amendment #1 to reconsider the vote by which they adopted Senate Amendment #1? To table...to table that Amendment. Do you want it tabled?"

Marinaro

"We did table it this morning. We'd like a reconsideration to bring it...put it back on the Bill."

Speaker Giglio

"By which it was tabled. Fine. Any discussion? Hearing none, leave is granted. Do we have leave to use the Attendance Roll Call by which the Senate Amendment #1... House Amendment #1 was tabled on...hearing none, leave is granted. Alright, now we're on House Amendment #1. Representative Marinaro."

Marinaro

"I'd like to withdraw the Motion to table Amendment #1."

Speaker Giglio

"Representative Marinaro now moves to adopt Amendment #1 to Senate Bill 214, and on that question, all those in favor signify by voting 'aye', opposed 'no'. The voting is open. Representative Black."

Black

"Thank you very much, Mr. Speaker. I'd appreciate if you could read into the record the LRB number on Amendment #1 that we just readopted. Just want to make sure it's the 28 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day same Amendment.

Speaker Giglio

Hultgren: You got that down there?" "Representative Hultgren." July 2, 1991 "Inquiry of the Chair. Can you explain to me what the Roll Call is right now? This is a Roll Call on a Motion to table. Why does the board say 'Motion to Table.'? This is a Roll Call on what?"

Speaker Giglio

"The Roll Call adopting House Amendment #1 to Senate Bill 214."

Hultgren

"Okay. The board was incorrect. I thought that was what you were doing, but I was confused by the board. Thank you."

Speaker Giglio

"Clerk...Mr. Clerk, read the LRB number."

O'Brien

"LRB number on House Amendment #1 to Senate Bill 214 is LRB 8702289WK...I'm sorry, WHKBAN09."

Speaker Giglio

"Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question, there are 114 voting 'aye', none voting 'no', and the House does adopt Amendment #1 to Senate Bill 214. Further Amendments?"

O'Brien

"No further Amendments."

Speaker Giglio

"Third Reading. leave... Representative Hensel." Gentleman asks

Hensel

"Inquiry of the Chair. Now that we've adopted Amendment #1, how many Amendments do we have on this Bill? 1, 2 and 3?"

Speaker Giglio

"1 and 2."

Hensel

"Okay. Thank you."

Speaker Giglio

"Alright. Representative Marinaro now moves for the passage of Senate Bill 214. Representative Novak."

Novak

"Would the Sponsor yield, please?"

Speaker Giglio

"Representative Marinaro."

Novak

"Representative Marinaro, just for the record, and for legislative intent, is there anything in this Bill or the 29 79th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 Amendments that would affect a regional airport authority such as the one that was newly created in Kankakee and Will County last year?"

Marinaro

"No, there isn't. It's only...applies to DuPage County Airport."

Novak

"Okay. Thank you."

Speaker Giglio

"Further discussion? Representative Black."

Black

"Thank you very much, Mr. Speaker. Will the Sponsor yield?"

Speaker Giglio

"Indicates he will."

Black

"Just for putting this on the record, with Amendment #1 and #2 now on Senate Bill 214, this is the identical Bill that we had yesterday that the Sponsor agreed would not be tampered with in any way, shape or form, and that is the Bill we are voting on, correct?"

Marinaro

"That's correct."

Black

"Thank you."

Speaker Giglio

"Question is, 'Shall Senate Bill 214 pass?' All those in favor signify by voting 'aye', opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 109 voting 'yes', 2 voting 'no', and Senate Bill 214, having received the required Constitutional Majority, is hereby declared passed. Representative Currie, House Bill 121. Out of the record. Representative Currie on House Bill 121. Out of the record. Representative Hartke, 799. Out of the record. Representative Wolf on 971. Representative Sam Wolf. Sam Wolf. Out of the record. House Bill 945, Representative Capparelli. Capparelli in the chamber? House Bill 799, Representative Hartke."

Hartke

"Mr. Speaker, I'd be happy to run that Bill if the Clerk could inform me whether the First Corrected Conference 30 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 Committee Report is printed and distributed? I'd be happy to run it. I can tell you what it does."

Speaker Giglio

"It's not printed, Representative Hartke."

Hartke

"Thank you."

Speaker Giglio

"Representative Hartke, Supplemental Calendar #2, House Bill 799 First Corrected Conference Committee Report was distributed at 10:08 this morning, so if you want to run that Bill, go ahead. You want to run it? Mr. Clerk, House Bill 799."

Hartke

"Thank you very much, Mr. Speaker, and Members of the House. House Bill 799 is a Corrected Conference Committee Report #1...is the same as it was yesterday and I read through the entire list of all of the provisions that are retained in it. I'd be more than happy to try to explain any of those provisions. The only difference is this Conference Committee Report is from yesterday is the fact that yesterday there was a section 10 which amended the county codes to make changes in section in the County Board of Health. That section has been deleted, and it is not in House Bill 799, First Conference Committee Report, corrected. I'd be happy to answer any questions."

Speaker Giglio

"Any discussion? The Gentleman from Warren, Representative Hultgren."

Hultgren

"Mr. Speaker, I don't think that the corrected Conference Committee Report has been distributed. Perhaps the Calendar has been distributed, but not the Corrected Conference Committee Report."

Hartke

"Well, I haven't seen it yet either, and that's why I asked if it was."

Speaker Giglio

"Is Representative Ronan in the chamber? Representative Alfred Ronan. The Chair is in error, Representative Hartke. The First Corrected has not been distributed. Representative Hartke." 31 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day

Hartke

"Mr. Speaker, July 2, 1991 whenever you're ready to go, and we get that report, I'm ready to run it."

Speaker Giglio

"Well, soon as Representative Hultgren gets it on his desk, he's going to inform the Chair, and then we'll be ready to go."

Hartke

"Okay. Thank you."

Speaker Giglio

"Representative Homer. Is Representative Homer in the chamber? Homer. Out of the record. Representative Granberg. Representative Granberg in the chamber? Out of the record. Representative Martinez on Senate Bill 271. What's your pleasure, Sir?"

Martinez

"Thank you, Mr. Speaker, I move to accept the First Corrected Conference committee Report on Senate Bill 271."

Speaker Giglio

"You heard the Gentleman's Motion. Any discussion? Representative Black."

Black

"Inquiry of the Chair, Mr. Speaker, and I want the Sponsor to know, I'm going to vote for this Bill, I'm not trying to delay the Bill, but I think we still have the same problem on the First Corrected Conference Committee Report. What's the effective date of this Act in the First Corrected Conference Committee Report?"

Martinez

"An immediate effective date."

Speaker Giglio

"Mr. Clerk, can you read the effective date?"

O'Brien

"Section 2 of this Act takes effect upon becoming law."

Black

"Alright, and then...it's the Sponsor's intention then that Section 1 be repealed July 1, 1992?"

Martinez

"Yes."

Black

"Okay. So, we've got the mistake corrected from yesterday, we're all ready to go."

Martinez

"Yes."

Black

"Alright. Thank you very much."

Speaker Giglio

"Further discussion? The Lady from Cook, 32 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day Representative Marjorie Parcells." Parcells: July 2, 1991 this "Thank you, Mr. Speaker. Ladies and Gentlemen, was an agreement struck. The Bill ran into some trouble, and we had an Amendment, and although the Sponsor and I agreed on the Amendment, several people were not pleased with it, so we decided to put it into a study...this is an excellent idea, it will take effect immediately, and there will then be a report within about...it will be about nine months, in nine or 10 months, and this is an agreed process with the Secretary of State's Office, and the House Sponsor and the Senate Sponsor and I would ask for your 'aye' vote for this First Corrected Conference Committee Report on Senate Bill 271."

Speaker Giglio

"Question is, 'Shall the House adopt the First Corrected Conference Committee Report to Senate Bill 271?', and on that question, all those in favor signify by voting 'aye'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question, there are 116 voting 'yes', none voting 'no', and the House does adopt the First Corrected Conference Committee Report to Senate Bill 271, and this Bill having received the required Constitutional Majority, is hereby Hartke on 799. Burke: declared passed. Representative Burke. Representative Is Representative Burke in the chamber? Senate Bill Committee Report. 446. Representative Burke." 446, First Corrected Conference The Gentleman from Cook, "Mr. Speaker, to follow up on the Bill that was introduced yesterday, we have corrected it to include an immediate effective clause, and I'd ask for the favorable Roll Call on this."

Speaker Giglio

"Any discussion? Representative Hultgren." 33 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 79th Legislative Day

Hultgren

"Thank you, Mr. Speaker. Are we approving a Corrected Conference Committee Report? That's not been distributed on this side of the aisle."

Speaker Giglio

"You're correct, Representative Hultgren. Take it out of the record. Representative Keane, Senate Bill 631. Representative Keane."

Keane

"Thank you, Mr. Speaker. Conference Committee Report #1 on 631, just puts in a Bill that we passed earlier. It incorporates an additional Amendment into the Public Aid Code. It permits medical providers or other vendors to assist, reassign or sell, pledge or grant a security interest in any Public Aid payments to the Illinois Health Facilities Authority. Basically, the Amendment authorizes vendors to pledge their accounts receivable to state agencies. They can assist in obtaining low or no interest financing. Financing can be used for a number of purposes. Usually, to cover cash flow problems because they're holding receivables from the state. Be happy to answer any question and move for the adoption of the Conference Committee Report."

Speaker Giglio

"Hearing none, the question is, 'Shall the House adopt the First Conference Committee Report to Senate Bill 631?' and on that question, all 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? Take the record, Mr. Clerk. On this question there 111 voting 'yes'", none voting 'no'. And the House does adopt the First Corrected Conference Committee Report to Senate Bill 631 and this Bill having received the required Constitutional Majority is hereby declared passed. The extra Constitutional Majority is hereby declared passed. Is Representative Capparelli in the chamber? Representative Keane. Representative Kulas. 34 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 79th Legislative Day Senate Bill 923. The Gentleman from Cook, Representative Kulas."

Kulas

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would move that the...that we accept the First Conference Committee Report on Senate Bill 923. Basically, the Conference Committee recommends that the Senate concur with House Amendments #1, 2 and 3. And it also made two other changes. One...Senate Amendment #2 would require the Department of Energy and Natural Resources to fund a pilot project for a recycling facility at a regency university. And Senate Amendment #3 changes...deletes the language which requires a waste water treatment plant not only to have a permit but also to operate in compliance with the terms of the permit. And I would move for its adoption."

Speaker Giglio

"Any discussion? The Gentleman from McLean, Representative Ropp."

Ropp

"Thank you, Mr. Speaker. Would the Sponsor yield, please?"

Speaker Giglio

"Indicates he will. Representative Kulas."

Kulas

"Can we take the Bill out of the record for a few moments?"

Speaker Giglio

"Take the Bill out of the record. Representative Capparelli on Senate Bill 678. 678, Capparelli, amends the Water Reclamation District. Take it out. How about House Bill 941 or 945, Capparelli? How about House Bill 945? Neither one are out? Check with the Clerk. Representative Capparelli, it appears the Conference Committee is out. Do you want to...No? No, it's not incorrect, it's a regular...It's out. Representative Keane."

Keane

"If it's available, I'd like to call a Conference Committee Report on House Bill 2148."

Speaker Giglio

"Alright, House Bill 2145, Mr. Clerk, 48."

Keane

"Thank you, Mr. Speaker. The Conference Committee Report on 2148 has a number of various provisions. Number 1, it 35 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 provides that municipalities of less than 500,000, the municipal clerk may appoint one deputy clerk who need not be a resident of the municipality. Second, it provides in case of cellular phones, paging systems and SO on, the telephone tax shall be paid from the billing address only and not from the place from where the call originates. Third, in municipalities of over 500,000, a police hearing board may grant a continuance once hearings have begun. Fourth, in municipalities of over 500,000, that they may have hearing officers, this is just to clarify ambiguous language in existing statutes. Five, provides that if a municipality is not enforcing its ordinances, the controlling jurisdiction goes to the county so that there is no gaps... there are no gaps in the enforcement of the law. However, if there's a conflict between the municipality and a county, the municipality shall take control. Fifth...Sixth, provides that government officials or agencies receiving goods or services must approve or disapprove a bill from a contractor for goods or services within 30 days. If the local government approves a contract and is late in paying the vendor, it must pay an interest charge. And finally, provides that when a contractor receives any payment, the contractor shall pay the contractor in proportion to the work completed unless the subcontractor's work is deemed unsuitable by the contractor, then he's not liable for partial payments. I'd be happy to answer any questions and ask for a favorable vote."

Speaker Giglio

"Any discussion? Representative Myron Olson." Representative

Black. Olson

Black. Olson: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would ask Representative Keane to take this out of the record for the minute, in that none of the people 36 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 who are seeking signature in this bothered to come by. I think it's satisfactory but we'd like to have an opportunity to have that privilege to have an explanation of it."

Keane

"Alright, take the Bill out of the record."

Speaker Giglio

"Take the Bill out of the record, Mr. Clerk. Representative Currie on 930. Representative Currie."

Currie

"Thank you, Mr. Speaker and Members of the House. I move that the House accept the First Conference Committee Report on Senate Bill 930. These were proposals that we've already adopted in another Bill, but due to a mishap in the Senate, the changes we had proposed were not accepted and the...so the measure. No, I think...some of the things that we did propose were accepted. So, the other items that we wanted to do on this Bill were not available. So, what the Bill deals with is codifying current law in respect to educational expenses under the Child Support Statute. Permits an individual who wants to be declared the natural parent of a child up to two years after the death of the other parent to make that declaration. There is currently an absolute bar, if a parent does not bring the parent into action within two years of the child's birth. But this measure would be very severely circumscribed, so that the...that the opportunity to make that point after the two year period would only be brought if the court first finds it's in the best interest of the child."

Speaker Giglio

"Representative Currie. Representative Currie, I'd like to interrupt you for a minute and we'd like to introduce one of our colleagues, who's back with us to join us with her newborn daughter, Mary Flowers. Mary."

Flowers

"Thank you. Thank you all very much. I thought it was very important that I come to you today, before I depart 37 79th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 from Springfield, to say thank you for the lovely cards, the lovely flowers. 'Maceda' and I and her father, 'Daniel Couteh', we thank you all very much for all the lovely cards and the flowers that you sent. And we appreciate your prayers. And please continue to pray for the both of us, because neither one of us know what we're doing but we're going to try. We're going to try. So thank you all again and get back to work. Thank you."

Speaker Giglio

"Representative Currie, are you finished?"

Currie

"So, I move adoption of the Conference Committee Report."

Speaker Giglio

"Any discussion? The Lady from Kane, Representative Doederlein."

Doederlein

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I received a call from an attorney in my district, who was very concerned about this Bill thinking that it may be reference to her case. That a mother and a father...they have a child and someone says that this is his child, if the mother would die then he could say, even though this child was raised as knowing that this was her father, he could say, 'This is my child.' They would have to have a blood test and even when the child is up to the age of 20 years, this is two years after the mother's death, and I think that that would be very dramatic. I wonder if you could address it. Is this two years after the mother dies, then anyone claiming to be the father of that child, even though the child was raised with a family, that a person could be brought up for trial for this?"

Currie

"It would be only after... within the two years of the death of a natural parent."

Doederlein

"Yes, but what if the child was raised with a mother and father and then the mother dies and then some man out of the blue says, 'That is my child.' Do you think that that is right, that it should happen?" 38 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day

Currie

July 2, 1991 "Well, I would think that the court would not decide that that claim is in the best interest of the child. Where this...where this arises, Representative, is in a situation where people may be in a...in a circumstance where the parents are not married but are common law parents and they never bothered to establish paternity. And in that situation, if the mother died the father would have no way of establishing paternity under the current statute. As amended, this Bill does not apply to the case that you've described."

Doederlein

"I would like to have some of the attorneys and lawyers in the House take a look on page 5 and tell me that no one can come and challenge any people that are married and say, 'That is my child.' Because I think this is...this was brought, as I understand it, was...a man...a child was 18 years old and the man was accused of being the father and...So, you want the mothers to do the same thing?"

Currie

"As I said, this does not apply to that... This does not apply to that circumstance. And while this is in some respects similar to an earlier proposal, it was very much modified so that it would only apply in the situation where the...the first of all, the court would have to find it in the best interest and that it would specifically relate to the kind of common law situation that I described."

Doederlein

"Well, I think that if the wording is here...in here is not correct then. Because this says within two years of the death of a natural parent. Now, the mother dies, then two years after the mother dies any man can come and say..."

Currie

"Within."

Doederlein

"...that's my child."

Currie

"But the point, Representative, I'm not sure who you 39 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 think's going to do that, unless maybe it would be the father of the child who never bothered to establish paternity, because he was living in the same household with that mother and child. But without establishing paternity, I think there might be a real question as to what would happen to that youngster. This is a proposal from the Chicago Bar Association. As I say, the particular provision that you're discussing was much modified from its original introduction. I think it doesn't apply to the case that you described. But the point is that a child, for whom the father never had a reason to establish paternity, we're trying to make sure that when a reason exists that that individual may go to court and say, 'I am the father'. And if it's in the best interest of the child, the court may permit that action."

Doederlein

"But that isn't what it says. What if a mother had a child and she did not identify who the father was and married someone and they were married for 13, 14, 15, 16, 17, 18 years old. The natural father could say... I mean, he thinks he's the natural father and no one would know, no one could dispute that unless you had a blood test. And to have a child go through this, after they have been raised in a family with grandparents and uncles and aunts and cousins, I think is wrong to put this through for a child. I wish some of the lawyers would look at this and make comment on that."

Speaker Giglio

"Further discussion? Representative Johnson."

Johnson

"Well, I hate to break ranks but I've got to strongly, strongly oppose this Bill for a variety of reasons. One, on the merits of the Bill. This Bill, or in an nearly identical form of it, already got beat in the Senate. And it got beat because, in part of the provisions on page 3 and 4 of the Bill, which greatly expand what a parent is 40 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 obligated to do, legally obligated to do, to support someone with respect to an educational expenses. No one ever intended that when a child became emancipated that there's a...there was a legal obligation, a legal obligation to provide and fully pay for a whole variety of things including: room, board, dues, tuition, transportation, books, fees, registration, application, medical expenses, dental expenses, living expenses during the year and periods of recess. Which sums may be ordered payable to the child, to either parent, or to the educational institution directly. Section 513 wasn't a very good idea when we passed it. And it's certainly not a good idea that we now...most parents, most people in here are obviously going to do what they can to help their children in college. But to give a child the ability to sue their parents for not providing for living expenses during a recess is not something that we ought to be doing. On a point that talks more about the process, I have some concepts in this general area of child support and parentage and so forth, that I'd like to see adopted. Representative Wennlund, Representative Dunn, other people have some concepts that they'd like to see adopted and we put those in different Bills. But the people that are involved in this issue have told us, we have a comprehensive approach and it's Senate Bill 1007, House Bill 1007 that incorporated these ideas. And that I didn't have the ability, Representative Wennlund and any of the others didn't have the ability to separately put in these concepts on their own. Well, what's good for the goose is good for the gander. And it's not appropriate that we're allowed to incorporate all of...those all in a Bill that, in my opinion, was well constructed and addressed a whole lot of serious issues and incorporate those in there. But 41 79th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 still have people have the opportunity on their own, when they have their separate concepts, to come in here an enact those. That's not fair. And if we're going to enact reform we ought to do it in a comprehensive way, as everybody agreed to, and not piece meal. And, particularly, not piece meal when this is a concept that's already been beaten in the Senate. It is not good public policy."

Speaker Giglio

"Representative John Dunn."

Dunn

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I, too, rise in opposition to the subject matter of this Conference Committee Report. The previous speaker has alluded to details about the educational expenses which a payor can be required to pay. Please note that I don't see anything in the Conference Committee Report which says educational expenses for what. It doesn't say limited to undergraduate expenses. It doesn't say limited to masters degrees. It doesn't say limited to PHD's. It doesn't say limited to two bachelor's degrees. It doesn't say limited to a bachelor's degree and a vocational degree. It doesn't say limited to nail cosmetology, limited to cosmetology school, limited to anything. We don't have that provision in our law now. And remember, your children who are at home, at least in my family for sure, we have told them all that education beyond the high school level is certainly a privilege. It's a privilege we hope to provide to our children and it is a privilege we want to provide. But if those children ostracize themselves from us, we have no obligation to provide an education for them. This...this Conference Committee Report will require that educational expenses be paid by the payor while alive and even by the payor after death out of the payor's estate. We have nothing like this in our statutes now. If we are ever to 42 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 consider something like this, we should consider this after full, deliberate, complete hearings. Probably outside the atmosphere of the Spring Session... in summer hearings where those affected by this can come forward and testify. This is 11 hour and 59 minute...silly legislation and should be soundly defeated. There is no need for this in our statute books at this time and I urge every Member of this Body to vote 'no' on this Conference Committee Report because of the insertion of these provisions."

Speaker Giglio

"Representative Flinn moves the previous question. Representative Flinn moves the previous question. All those in favor signify by saying 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The previous question's been moved. Can you hear me now? Representative Currie to close. Representative Ryder."

Ryder

"Thank you, Mr. Speaker. I appreciate being acknowledged by you. I would ask that my name be taken off as a Sponsor of this Bill. I had originally asked to be a Co-Sponsor when the Bill was a potential for another purpose. At this time, I am opposed to some of the concepts in the Bill, so I would ask that the record reflect, as well as the board, that I no longer wish to be a Sponsor."

Speaker Giglio

"Does the Gentleman have leave? Hearing none, leave is granted. Remove Representative Ryder as a Co-Sponsor of Senate Bill 930."

Ryder

"Thank you."

Speaker Giglio

"Representative..."

Ryder

"And now, at this time, I wish the Sponsor would yield? I have some questions if I could?"

Speaker Giglio

"Proceed."

Ryder

"Representative, the underlying Bill concerning parentage allowed for an action to take place two years after the 43 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day death of an alleged parent?"

Currie

"Within two years."

Ryder

"Alright, within two years. July 2, 1991 Representative, what does that do to the probate law that allows for estates to be probated, money to be disbursed, after an affidavit of heirship is filed? The end result would be, Representative, that you could have an estate settled, funds distributed by order of court and then... that can normally, if it's speedily accomplished, at least downstate, can be accomplished within a year. And then this claim to be filed against assets that are already distributed, that concerns me."

Currie

"I may have misunderstood your question, I thought you were asking about the parentage part of the Act, you are not. You are asking about?"

Ryder

"A claim to be filed against a person alleged to be the parent within two years after the death of that alleged parent."

Currie

"No, I'm sorry, no, they are quite separate provisions in the Bill. The Bill was a two year limit... The portion of the Bill that establishes a two year period, after the death of one parent, is the provision that gives the other parent the opportunity to go to court to establish parentage. The other provisions of the Bill are under this language. The time within which these claims having to do with support obligations would be filed under Sections 505, 513 Subsection D governed by the provisions of the Probate Act of 1975. So, I believe those claims would have to be as timely as any other claims made against an estate. But the two year... the confusion may be with the parentage claim, which is a two year issue but has nothing to do with the parts of the Bill that deal with the continuing obligation of support and the opportunity to claim against 44 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day the obligor's estate." July 2, 1991

Ryder

"It could easily be that my confusion comes, and I would draw your attention to page 5, line 15 of page 5, indicating that an action may be brought on behalf of any person other than the child within two years of the death of a natural parent, upon determination that the action would have been in the best interest of the children or of the child."

Currie

"Well, you see, here we are in the Parentage Act, Representative. This section is not in the same statute that the earlier discussion was about. So, this is the part that deals with...with your ability to go to court after the death of the natural mother of your child, to say to the court, 'I am, in fact, the father', which would not get into a probate issue at all. It's merely establishing paternity."

Ryder

"Well, I understand that, I wish that I read that paragraph the same way that you explained it. Because your explanation makes sense to me, the way that I read that paragraph doesn't. But, you're not responsible for my confusion."

Currie

"Well, if you check on page 4, line 25, you'll see that that whole underlining is an Amendment to the Parentage Act."

Ryder

"That part I understand. It's simply that the timing and the claims, I think you've adequately answered the question that I had. It doesn't remove my other obligation... or other opposition. But I think you have explained my confusion and I thank you."

Speaker Giglio

"Representative Wennlund."

Wennlund

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. If we could have some order, I think you all will be interested in this. Because if you were around here two 45 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 years ago and then ran for re-election in 1990 and you voted on a Bill very similar to this in 1989, you were labeled as voting in favor of the Rapists' Rights Bill. Now, I know Representative Regan and a few other Representatives were attacked during the campaign as having supported the Rapists' Rights Bill. That's exactly what this Bill does. It says that, 'A person who even may have raped and impregnated a woman, within two years after her death can file suit for custody of that child.' Now that comes back to haunt you come election time and it's just something that everybody in this House better remember. Because when a direct mail piece in Representative Regan's district went out, it labeled him as having voted for the Rapists' Rights Bill, which was... Pardon? That's right. However, everybody on House better recognize that provision and remember it when you're voting on this Bill. Thank you."

Speaker Giglio

"Further discussion? The Lady from Cook, Representative Currie."

Currie

"Thank you, Mr. Speaker and Members of the House. First, the charge was made this is an eleventh hour attempt to do something a little weird. It's not eleventh hour at all.. The substance of most of this Bill, except for the paternity issue, has passed this House twice and this Conference Committee this spring, twice this spring. You've all voted 'yes' already and this Conference Committee Report was adopted awhile ago in the Senate on a vote of 58 to nothing. People are suggesting that there's something odd about this Bill. Let me tell you that the Bill basically does two things. It says if somebody owes child support or educational expenses, under the agreement that was reached and approved by the court, and that individual dies, the person who was supposed to have that 46 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 support has an opportunity to get that support from that individual's estate. That's essentially all this Bill does. There's nothing unusual, odd or weird about it. In respect to the other issue, how does a father claim parentage if the father hadn't done so during the time the mother was alive, all this Bill says is that's when it's in the best interest of the child, the court may hear that action up to two years after the mother's death. This has nothing to do with the legislation Representative Wennlund is talking about. All this is is to ensure that a common law husband is not denied his rights to his real relationship with his child, just because his status with the mother was a common law one and never got around to, never needed to establish paternity in his own name. This is not a controversial measure, in spite of the hysteria you've heard on this floor. This is a proposal from the Chicago Bar Association. You've already voted for all but one small piece of it twice this spring and this Bill has passed the Senate 58 zip. This is a good Bill for kids whose parents owing them support, die. It's a good Bill for youngsters whose fathers never got around to establishing their claims to paternity. I urge your 'aye' votes."

Speaker Giglio

"Question is, 'Shall the House adopt the First Conference Committee Report to Senate Bill 930?' And on that question, all those in favor signify by voting 'aye', opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Currie."

Currie

"Thanks, Mr. Speaker. I'd just like to explain my vote. I think people weren't listening to this lengthy debate. The point of this Bill is that if a youngster is owed child 47 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 support or educational expenses and the person owing them dies, the kid has an opportunity to recoup those dollars from the parent's estate. When it comes to the common law father having a chance to claim his kid, don't you want that father to be able to accept responsibility in that relationship? I should think you would and I should think you'd want to help kids get the support that the court has ordered."

Speaker Giglio

"Have all voted? Take the record, Mr. Clerk. On this question, there are 24 voting 'yes' and 51 voting 'no' and the First Conference Committee Report to Senate Bill 930 fails. House Resolution 754, Representative Currie."

Currie

"Second Conference Committee Report. Appoint a Second Conference Committee."

Speaker Giglio

"Representative Currie asks leave for a Second Conference Committee Report be appointed. Does the Lady have leave? Hearing none...Representative Currie asks...requests for a Second Conference Committee Report, there's no vote required. Representative Ropp on House Resolution 754."

Ropp

"Thank you, Mr. Speaker. Pursuant to Rule 43A, I move to bypass committee and place on the Speaker's table for immediate consideration House Resolution 754."

Speaker Giglio

"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 Resolution's on...off the table...on the Speaker's table. Representative, House Resolution 754."

Ropp

"Alright, thank you. There is a situation in our area that is a bit of... at a bypass, because we need some clear definition for the State Property Tax Appeal Board to adequately assess real property in a business. And this sets up a study in the Department of Revenue to come forth 48 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 with some suggestions and report back to the Governor April 1, 1992. I urge your support of this Resolution."

Speaker Giglio

"Representative Black."

Black

"I have no problem and expect that I want to vote for the Gentleman's Resolution. But, as soon as we vote on this, Mr. Speaker, I'd like an inquiry of the Chair."

Speaker Giglio

"All those in favor of House Resolution 754 vote 'aye', opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Leitch. Representative Leitch, are you seeking recognition?"

Leitch

"Yes, I'm not sure if Representative Black's inquiry was answered though, I may be premature."

Speaker Giglio

"Representative Black, can you hear me?"

Black

"Well, thank you very much, Mr. Speaker. An inquiry of the Chair, I know my microphone had a malfunction the other night. I know how easily these things can happen. It appears to me that the Speaker's microphone is malfunctioning. We're not able to hear you but about every other word. And normally you have such an outstanding, clear voice, it's no problem. I would think the electrician might want to check into your microphone. And I'm being very serious here. It's breaking up or not working or something. It's almost impossible to hear you."

Speaker Giglio

"Thank you. He's working on it now as we speak. Can you hear me now? He's working on it now as we speak? The Chair just found out, Representative Black, that you were a former disc jockey. Perhaps you can pitch in and help the electrician with the microphone? No license? What was your opening line as a disc jockey? You care to give the House the opening line on the disc jockey routine? How 'bout your call letter? On this question, there are 112 voting 'yes', none voting 'no' and House Resolution 754 49 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day is adopted. Representative Leitch." July 2, 1991

Leitch

"Thank you, Mr. Speaker. Pursuant to Rule 43(a), I move to bypass committee and place House Joint Resolution 48 on the Speaker's table for immediate consideration."

Speaker Giglio

"You heard the Gentleman's Motion. Does the Gentleman have leave? Hearing none, leave is granted. House Joint Resolution 48."

Leitch

"Thank you, Mr. Speaker. This Resolution addresses one of the problems that we have... actually, several of the problems that we have in Illinois. I've written the Members several times on the immediate problem, the community based residential drug and alcohol facilities in Illinois are facing. One of the reasons that they are facing that problem is because institutions for mental diseases, otherwise known as IMD's are not presently qualifying for Medicaid in Illinois and we need to encourage our congressional delegation to change that situation and that's the purpose of the Amendment. And it enjoys bipartisan support."

Speaker Giglio

"Any discussion? Hearing none, all those in favor of House Joint Resolution 48 signify by voting 'aye', opposed 'no'. The voting is open. This is final action. Have all voted who wish? Take the record, Mr. Clerk. On this question 110 voting 'yes', none voting 'no'. And House Joint Resolution 48 has been adopted. Representative Curran asks for immediate consideration on House Joint Resolution 68, bypass committee, House Joint Resolution 58. You heard the Gentleman's...68, Jack. House Joint Resolution 68. All those in favor signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. House Joint Resolution 68, Representative Curran."

Curran

"House Resolution 68 (sic - House Joint Resolution 68) 50 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 simply urges the United States Congress to approve the pending appropriation requests to initiate the development of the Abraham Lincoln Research and Interpretive Center here in Springfield."

Speaker Giglio

"Any discussion? Hearing none, all those in favor signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. House Joint Resolution 68's been adopted. Representative Steczo, House Bill 841."

Steczo

"Thank you, Mr. Speaker, Members of the House. I would like at this time to move to concur. I'll be making two Motions to concur in Senate Amendment #1 and to nonconcur in Senate Amendment #2. But I would move to concur with Senate Amendment #1 to House Bill 841. There has been an agreement reached between the Historical Preservation Agency and the Illinois Home Builders Association to allow this Bill to pass. And then during the course of the summer to get together with all the principals and see if some other alternative cannot be found. Both parties are in agreement with that agreement. And I would therefore move to concur in Senate Amendment #1 to House Bill 841."

Speaker Giglio

"The Gentleman moves that the House concur with Senate Amendment #1 to House Bill 841. And on that question, all those in favor signify by voting 'aye', opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Black."

Black

"Thank you very much, Mr. Speaker. Just to make sure, because the board is plural, Amendments, and we're only concurring in Senate Amendment #1. Correct? Thank you."

Speaker Giglio

"Have all voted who wish? Take the record, Mr. Clerk. On this question, there are lll voting 'yes', none voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 841. Representative Steczo now 51 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 moves that the House nonconcur with Senate Amendment #2. All those in favor signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it and the House nonconcurs with Senate Amendment #2 to House Bill 841. House Bill 118, Representative Steczo."

Steczo

"Thank you, Mr. Speaker. I would move now that the House concur with Senate Amendment #1 to House Bill 118. House Bill 118 is a Bill that repeals an Act that this Legislature passed last year. When the Bill was in the Senate, we were advised by the costmetologists that they wished to remain in. So, Senate Amendment #1 is at the requests of the costmetologists. It satisfies their wishes. And I would move for its adoption, Mr. Speaker."

Speaker Giglio

"Any discussion? Hearing none, 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? Take the record, Mr. Clerk. On this question, there are 112 voting 'yes' and 1 voting 'no' and the House does concur with Senate Amendment #1 to House Bill 118. And this Bill, having received the required Constitutional Majority, is hereby declared passed. Representative Wennlund on a Motion to take from the table."

Wennlund

"Thank you, Mr. Speaker. I move to take from the table House Bill... or Senate Bill 384."

Speaker Giglio

"You heard the Gentleman's Motion. Does the Gentleman have leave? Hearing none, leave is granted using the Attendance Roll Call. House... Senate Bill 384 is now up for immediate consideration. Representative Wennlund."

Wennlund

"Thank you very much, Mr. Speaker. I ask for immediate consideration of this on Third Reading."

Speaker Giglio

"The Gentleman have leave? Hearing none, leave is granted. The Bill is on the Order of Third Reading. 52 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day July 2, 1991 Mr. Clerk, read the Bill."

O'Brien

"Senate Bill 384, a Bill for an Act to amend the Local Governmental and Governmental Tort Immunity Act. Third Reading of the Bill."

Speaker Giglio

"The Gentleman from Will, Representative Wennlund."

Wennlund

"Thank you very much, Mr. Speaker. It's an Amendment sponsored by Senator Rigney in the Senate and myself in the House to include museum districts within the provisions of the Governmental Tort Immunity Act. For some reason they were left out and, frankly, I really didn't even know what a museum district was until Senator Rigney told me that they do exist in Illinois. And there was an Amendment on it which was a technical Amendment to clarify the levies of all taxing bodies in Illinois. And I ask for passage of the Bill."

Speaker Giglio

"Any discussion? Representative McNamara."

McNamara

"Thank you, Mr. Speaker. I appreciate your explanation but I don't know what you said. Could you go over this part about the levy and all taxing bodies of Illinois?"

Wennlund

"Yes. There are two Sections...There are two Sections in Chapter 85. And one of them says that municipalities can levy for a judgement, a tort liability judgement against them. And there's a second Section that says that they can levy to pay insurance premiums. Well, in the second Section included within there was property damage and liability and it was left out of the first Section, which was absolutely identical except for those three words."

McNamara

"Okay. So, in other words, we're not giving them any additional levying power. We are just adding and correcting that section of the law."

Wennlund

"Correct. What we're doing is we're making sure 53 79th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 2, 1991 everybody's levies are lawful...the levy."

McNamara

"And that's all that's in the Bill right now?"

Wennlund

"That's correct.”

McNamara

"Thank you very much."

Speaker Giglio

"Question is, 'Shall Senate Bill 384 pass?' 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? Take the record, Mr. Clerk. On this question, there are 113 voting 'yes', 1 voting 'no', and Senate Bill 384, having received the required Constitutional Majority, is hereby declared passed. Alright, the Chair...Hello? Can you hear me now? Alright, the House is ready to adjourn. Before we make the announcement, both sides of the aisle, Republican caucus in Room 118 immediately following adjournment and Democratic caucus in Room 114 immediately following adjournment. Representative Matijevich now moves that the House stand adjourned until 12:00 noon tomorrow. All those in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The House now stands Adjourned until the hour of 12:00 noon. First Special Session will now come to order. The Attendance Roll Call for the Regular Session will be used for the First Special Session. Do we have leave? Hearing none, leave is granted. Representative Matijevich now moves that the First Special Session stand adjourned until the hour of 12:05 tomorrow. All those in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The First Special Session is now Adjourned. Caucus in Republican 118. Democrats, 114." 54 DOCUMENT NAME REQ STORE OPER GROUP PRINT COMMAND D DATE COPY WIDTH DEPTH ERROR T070291 137 0 pj 08/18/92 1 66 78 REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 87TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JULY 02. 1991 92/09/16 08:51:18 HB-0042 CONFERENCE PAGE 22 HB-0057 CONFERENCE PAGE 7 HB-0070 CONFERENCE PAGE 4 HB-0070 OUT OF RECORD PAGE 4 HB-0114 CONFERENCE PAGE 6 HB-0114 OUT OF RECORD PAGE 7 HB-0118 CONCURRENCE PAGE 52 HB-0799 CONFERENCE PAGE 30 HB-0841 CONCURRENCE PAGE 51 HB-1128 CONFERENCE PAGE 13 HB-1609 CONFERENCE PAGE 16 HB-1929 CONFERENCE PAGE 18 HB-1982 CONFERENCE PAGE 17 HB-2148 CONFERENCE PAGE 35 HB-2148 OUT OF RECORD PAGE 37 HB-2446 CONFERENCE PAGE 18 HB-2491 CONFERENCE PAGE 19 SB-0042 CONFERENCE PAGE 32 SB-0195 REFUSE TO RECEDE PAGE 2 SB-0214 SECOND READING PAGE 28 SB-0214 RECALLED PAGE 25 SB-0214 THIRD READING PAGE 25 SB-0214 THIRD READING PAGE 26 SB-0214 OUT OF RECORD PAGE 26 SB-0271 CONFERENCE PAGE 32 SB-0384 THIRD READING PAGE 53 SB-0384 MOTION PAGE 52 SB-0446 CONFERENCE PAGE 33 SB-0446 OUT OF RECORD PAGE 34 SB-0631 CONFERENCE PAGE 34 SB-0872 MOTION PAGE 27 SB-0907 MOTION PAGE 27 SB-0923 CONFERENCE PAGE 35 SB-0923 OUT OF RECORD PAGE 35 SB-0930 CONFERENCE PAGE 37 SB-1006 REFUSE TO RECEDE PAGE 2 HR-0754 MOTION PAGE 48 HR-0754 ADOPTED PAGE 50 HR-0754 RESOLUTION OFFERED PAGE 48 HJR-0048 MOTION PAGE 50 HJR-0048 ADOPTED PAGE 50 HJR-0048 RESOLUTION OFFERED PAGE 50 HJR-0068 ADOPTED PAGE 51 HJR-0068 RESOLUTION OFFERED PAGE 50 SUBJECT MATTER HOUSE TO ORDER SPEAKER MCPIKE PRAYER REPRESENTATIVE ANTHONY YOUNG PLEDGE OF ALLEGIANCE ROLL CALL FOR ATTENDANCE REPRESENTATIVE GIGLIO IN THE CHAIR ADJOURNMENT FIRST SPECIAL SESSION FIRST SPECIAL SESSION ADJOURNMENT PAGE 1 PAGE 1 PAGE 1 PAGE 1 PAGE 27 PAGE 54 PAGE 54 PAGE 54