"The House will come to order. The Chaplain for today is Father Michael Mullink of the Cathedral of the Immaculate Conception in Springfield, Illinois. Father Michael is the guest of Representative Hasara. The guests in the balcony may wish to rise and join us for the invocation this morning."
"Lets join together in praying for the Lord's richest blessings on the Members of this Assembly who are devoted to helping and to being responsive to the needs of our brothers and sisters. God, we stand before You conscious of all that You have given us. We gather in Your name. Come to us this day, remain with us and enlighten our hearts. Give us light and strength to know Your will, to make it our own, and to live it in our lives. Guide us with wisdom, support us with Your power, for You are our God. You share Your glory with us. You desire justice for all people. Enable us to uphold the rights of others. Never allow us to be misled or corrupted. We thank You for Your many gifts, and we praise You this day. We ask Your richest blessings to come upon us now and always, forever and ever. Amen."
"We'll be led in the Pledge of Allegiance by the Minority Leader, Lee Daniels."
"I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Representative Matijevich."
"Mr. Speaker, on this side of the aisle Dick Mulcahey is excused due to illness. He'll be back next week, and everything is going fine with him." 1 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"And Representative Kubik." Brunsvold. May 12, 1992
Representative Kubik: "Yes. Thank you, Mr. Speaker. The Republicans are all present today."
"Thank you. Mr. Clerk, take the roll. One hundred-seventeen Members answering Roll Call, a quorum is present. Representative Daniels, in the Chair."
"Mr. Clerk, would you read House Joint Resolution #107, please."
"House Joint Resolution #107, offered by Representative Daniels. WHEREAS, the U.S. Railroad Retirement Board administers a system of retirement, survivor, unemployment, and sickness benefits for railroad employees and their families; and WHEREAS, since the Board's inception in the 1930's, benefits of more than $130 billion have been paid to nearly 5 million beneficiaries; and WHEREAS, more than 870,000 beneficiaries currently receive every year benefits of approximately $7.6 million; and WHEREAS, the U.S. Railroad Retirement Board is the only federal agency headquartered in Chicago, Illinois; and WHEREAS, the Board headquartered, at 844 North Rush Street, oversees about 1,600 employees in a network of field offices around the country; and WHEREAS, the Board operates local offices in the Illinois communities of Chicago, Decatur, Joliet and Rock Island; and WHEREAS, the current Board is composed of Glen L. Bower, a former member of the Illinois General Assembly, Management Member Andrew F. Reardon, a former Executive with the Illinois Central Railroad; and Labor Member Charles J. Chamberlain, a long time railroad employee and union official; and WHEREAS, the Board's headquarters moved in April, 1942 from Washington, D.C., to Chicago, as the war effort created a shortage of 2 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 office space in the capital; and WHEREAS, the U.S. Railroad Retirement Board is currently observing its 50th anniversary of being headquarter in Chicago; NOW THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE 87TH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS that we congratulate the U.S. Railroad Retirement Board on the occasion of its 50th anniversary of being in Chicago; and be it further RESOLVED that the Illinois General Assembly commend the Board and its staff on its long and distinguished record of service to rail employees and their families; and be it further RESOLVED that suitable copies of this resolution be presented to the Board adopted by the House of Representatives on April 7, 1992.'"
"Members of the House we are indeed pleased and privileged to have with us today a former Member of the Illinois House, Glen L. Bower, who served as a Representative in this General Assembly from 1979 to 1983. Now let me tell you as Chairman of the Railroad Retirement Board an individual that has 1,600 employees under his auspices, many of you may not know, but this is the highest federal appointment outside of Washington D.C. in the executive branch. Glen Bower holds that august and distinguished position. We are very proud of him. We're proud to welcome him back to the Illinois General Assembly and proud to honor him and the Railroad Retirement Board with the Resolution, House Joint Resolution #107 which passed on April 7, 1992. Would you join me welcoming back our distinguished colleague, Glen Bower, Chairman of the Railroad Retirement Board?"
"Thank you. Mr. Speaker, Mr. Minority Leader, Members of the House of Representatives, it has been nine and a half years since I have been a Member of this Body, but it...I 3 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 learned many lessons in this chamber that have served me well in my position. When I left, the state budget of Illinois was approximately 15 billion dollars...the budget of the Railroad Retirement Board, in terms of what we pay out in benefits, which in the whole scheme of the federal government is a small agency, is over 10 billion dollars with in investments of 11 billion dollars. As the Resolution indicated, between April and June of 1942 the board moved to Chicago in order to free up office space in Washington in order to accommodate the war effort. If any of you are in Chicago, I invite you to drop past our headquarters. It is one of only four agencies headquartered outside of Washington and the only one headquartered in Illinois. We're one block due west of the John Hancock Building. Thank you very much."
"Special Order, Government Administration. Second Reading. It's in...Chair's intent...It's the Chair's intent to go to Second Readings, now. We will go through all of Second Readings, and we will not return to Second Reading today. We will not return to Second Readings. House Bill 2677, Representative Homer. Out of the record. Mr. Lang, you have three Bills. Out of the record. Representative Hasara, 2809. Out of the record. Representative Currie, 2953. Ms. Currie. Out of the record. Representative Lang, 2986. Representative Keane, 3150. Representative Curran, 3227. Representative Matijevich, 3561. Representative Keane, 3594. Representative Giorgi. Representative Giorgi, 3606. Representative Lang. Agriculture and Environment. Second Reading. Representative Parcells, 1042. Representative Parcells. Read the Bill, Mr. Clerk."
"House Bill 1042, a Bill for an Act to prohibit 4 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 the use of live animals in certain irritancy tests of cosmetics or household products. Second Reading of the Bill. No Committee Amendments."
"Any Motions? Any Floor Amendments?"
"No Motions. No Floor Amendments."
"Third Reading. Representative Hoffman, 2567. Jay Hoffman. Out of the record. Mr. Novak. Representative Novak. Representative Jay Hoffman, 3039. Representative Matijevich, 3065. Read the Bill, Mr. Clerk."
"House Bill 3065, a Bill for an Act regarding animals. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2, offered by Representative Matijevich."
"Representative Matijevich."
"...Speaker, Ladies and Gentlemen of the House. The Committee Amendment #1 changed the Bill where it now is strictly a check-off Bill on your income tax for animal control, and Amendment #2 was drafted by the Department of Agriculture regarding their concerns about distribution of the funds, so, it is still merely a check-off Bill on the income tax, and I would move for the adoption of Amendment #2."
"Representative Black, on the Amendment."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Yes."
"Representative, just a very quick question. When you 5 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 say, and I think this is a good idea, but when you say it's going to be distributed to the counties' animal control fund, will it be distributed on a per capita, or based on how much...the people in that county..."
"No, it will be on a per capita. That's the way the agency wanted it, and that's the way it's drafted."
"Okay."
"Question is, 'Shall Amendment #2 be adopted?' All in favor say, 'aye' opposed, 'no.' The 'ayes' have it, and the Amendment is adopted. Furthe Amendments?"
"No further Amendments."
"Third Reading. Government Administration. House Bill 3150, Representative Keane. Read the Bill, Mr. Clerk."
"House Bill 3150, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Keane."
"Representative Keane, Amendment #1. Is it printed? Mr. Clerk, is the Amendment printed? The Amendment's not printed. Mr. Keane, what do wish to do? Take it out of the record. Mr. Keane, on 3594. Read the Bill, Mr. Clerk."
"House Bill 3594, a Bill for an Act to amend the Hotel Operators' Occupation Tax Act. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2." 6 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"Is it printed? Yes."
"Offered by Representative Daniels and Kubik."
"Representative Kubik. Amendment #2."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. What Amendment #2 does is that it allows municipalities to spend the revenue that is raised by local hotel and motel taxes in ways other than just on tourism, so it would give more flexibility to local communities in using these revenues, and I would move for the adoption of the Amendment."
"Representative Keane."
"...Thank you, would the Gentleman yield?"
"Yes."
"What is the...? Can you repeat the purpose of your Amendment?"
"Yes, Representative. essentially what the Amendment does is it allows local municipalities to use hotel, motel taxes for means other than just tourism. Right now it's limited to when you have a hotel, motel tax...it's limited to being used just for tourism. This would allow them to local municipalities to use it in any way they wish and give them a little more flexibility in the use of their money."
"Was a similar Bill defeated in Revenue Committee?"
"I believe the Bill was...It didn't have enough votes to get out."
"I believe...I believe your...this Amendment has already been defeated in House Revenue Committee, and I would ask my colleagues to vote 'no' and defeat it once again."
"Representative Kubik, to close."
"As I... Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I recognize that the Gentleman is opposed to the Bill. I would point out that the 7 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 Chicago in Bill...was...supported by the City of Committee... It has the support of the DuPage Mayors and Managers Association and the city...it's a very simple, very good concept and that is that...we can allow greater flexibility in using dollars raised by municipalities in a time when we are looking at possibly... eliminating the surcharge dollar. This would allow local units of government to use money in the best way they can. So I would...I would appreciate a favorable vote on this particular Amendment and would...seek a...I would hope that this Bill would pass."
"Question is, 'Shall Amendment #2 be adopted?' All in favor say 'aye', opposed, 'no.' The 'noes' have it. The Amendment is defeated. FurtherAmendments?"
"No further Amendments."
"Third Reading. Representative Balanoff, 3073. Read the Bill, Mr. Clerk."
"House Bill 3073, a Bill for an Act to amend the Environmental Protection Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Balanoff."
"Representative Balanoff."
"Yes, yes, Mr. Speaker. Amendment #1 becomes the Bill and what it would have is it would have the Pollution Control Board adopt compost quality standards and testing procedures for the end product of green waste and mixed municipal waste composting facilities. It's one that we agreed...agreed to put on in committee."
"Amendment printed? Mr. Clerk? Yes, it is. The Gentleman's moved for the adoption of the Amendment. Is 8 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 there any discussion? Being no discussion, the question is, 'Shall Amendment #1 be adopted?' All in favor say, 'aye', opposed, 'no.' The 'ayes' have it. The Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. All right, the Chair skipped over a Senate Bill on Government Administration by mistake. That's Senate Bill 911. Who's the House Sponsor of this Bill? All right. Representative Hoffman, this Bill has not cleared Rules yet, so you have to take this Bill through the Rules Committee before it can be heard. It's posted for tomorrow. In Rules. Thank you. Representative Phelps, on 3110. Read the Bill, Mr. Clerk."
"House Bill 3110, a Bill for an Act concerning emission allowances authorized under the federal Clean Air Act. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Out of the record. Representative Kulas, 3251. Read the Bill, Mr. Clerk."
"House Bill 3251, a Bill for an Act in relation to environmental protection. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. Representative Mautino, 3487. Read the Bill, Mr. Clerk."
"House Bill 3487, a Bill for an Act to amend the Humane Care for Animals Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Mautino." 9 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"Representative Mautino." May 12, 1992
"Thank you, Mr. Speaker. The Floor Amendment to 3487 makes this Bill agreed and removes all opposition what the Amendment does is... It inserts 'without jurisdiction of law' and also states that 'the authorities detaining livestock shipment shall give it priority'. I move for the adoption of this Amendment. And it clarifies the intent."
"And on the Motion, Representative Black. Any further discussion? There being none, the question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye', opposed, 'no.' The 'ayes' have it. The Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Representative Kulas, 3666. Out of the record. (House Bill) 3712, Mr. Wait. Representative Wait. Representative Currie, 3892, 3892. Read the Bill, Mr. Clerk."
"House Bill 3892, a Bill for an Act in relation to solid waste. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions? "No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2, offered by Representative Currie."
"Representative Currie." "Withdraw... I'd like to withdraw 2."
"Amendment #32 is withdrawn. Further Amendments?"
"Floor Amendment %3, offered by Representative Currie."
"Representative Currie."
"Thank you, Mr. Speaker and Members of the House. 10 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 Amendment 3 changes the Bill so that the Bill altogether would provide for two t ngs. First, on Amendment to the Solid Waste Management lanning Act so that larger communities could assess the effectiveness of quantity-based disposal fees, and secondly, the creation of a solid waste advisory council within the... Department of of Energy and Natural Resources and the Environmental Protection Agency. I would appreciate your support."
"Representative Black, on the Amendment."
"Thank you very much, Mr. Speaker. It's very hard to hear the Lady. Amendment #3 becomes the Bill, is that what she said?"
"That's what I said."
"And, Representative, it's my understanding do you concur, that Amendment #3 is more or less now an agreed Amendment? I see no major problems?"
"Right."
"Thank you very much."
"Question is, 'Shall Amendment #3 be adopted?' All in favor say 'aye', opposed, 'no.' The 'ayes' have it and the Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Representative Ryder, 4037. Out of the record. (House Bill) 4039, Representative Peterson. Out of the record. Human Services. Second Reading. Representative Hicks. Representative Currie, 2452. Representative Lang, 2758. Representative McGann. Mr. McGann, on Mental Health, 3005. Read the Bill, Mr. Clerk."
"House Bill 3005, a Bill for an Act to amend the Department of Mental Health and Developmental Disabilities Act. Second Reading of the Bill. Amendment #1 was adopted in committee." 11 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"Any Motions?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2, offered by Representative Woolard."
"Representative Woolard. This Amendment has not been printed. Representative McGann, what is your desire?"
"Why don't we just take it out of the record for now?"
"Very well, and on House Bill 3006, do you want that read? Read the Bill, Mr. Clerk."
"House Bill 3006, a Bill for an Act to amend the Department of Mental Health and Developmental Disabilities Code (sic-Act). Second Reading of the Bill. No Committee Amendments or Floor Amendments."
"Third Reading. Representative Daniels four Bills in a row. Read the Bills, Mr. Clerk, 3135."
"House Bill 3135, a Bill for an Act concerning the funding of medical assistance. Second Reading of the Bill. No Committee or Floor Amendments. No Committee or Floor Amendments."
"Third Reading. House Bill 3136."
"House Bill 3136, a Bill for an Act to amend the Illinois Health Finance Reform Act. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill 3137."
"House Bill 3137, a Bill for an Act to amend the Illinois Health Finance Reform Act. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill 3175."
"House Bill 3175, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of the Bill. No Committee or Floor Amendments." 12 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"Third Reading. House Bill 3245, White. Representative Representative Daniels, 3285. Read the Bill, Mr. Clerk."
"House Bill 3285, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. Representative Lou Jones, 3593. Representative Homer, 4078. Read the Bill, Mr... Out of the record. Representative White. Representative Regan on House Bill 4166. Read the Bill, Mr. Clerk."
"House Bill 4166, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of the Bill. No Committee or... Amendment #1 was adopted in committee."
"Any Motions?"
"No Motions filed. No Floor Amendments."
"Third Reading. House Bill 4170, Representative Martinez. Read the Bill, Mr. Clerk."
"House Bill 4170, this Bill has been read a second time previously and is being held for a fiscal note request."
"Do you have the fiscal note?"
"Fiscal note is not yet filed."
"The Bill remains on Second Reading. Children and Family Law. Second Reading. House Bill 487, Representative Burke. Mr. Burke. (House Bill) 2225, Representative Curran. Read the Bill, Mr. Clerk."
"House Bill 2225, this Bill has been read a second time previously and is being held for a fiscal note request."
"...Mr. Curran, fiscal note."
"Fiscal note is not filed."
"(House Bill) 3004, Representative Hoffman, J. 13 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day Out of the record. Read the Bill, Mr. Clerk." May 12, 1992 Representative Currie, 3260, 3262.
"House Bill 3262, a Bill...a Bill for an Act to amend the Illinois Domestic Violence Act. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. Representative Woolard, 3311. Out of the record. Representative Giorgi, 3315, 3315. Read the Bill, Mr. Clerk."
"House Bill 3315. This Bill has been read a second time previously and is being held for a fiscal note request."
"Representative Giorgi, you need a fiscal note. The Bill's being held on Second Reading, Representative Giorgi. Representative Giorgi."
"Mr. Speaker, we asked the various departments for these fiscal notes and I've asked them for the last couple of weeks and they're not cooperating, and they're, you know, Republican controlled. What do I do?"
"...As a freshman Legislator, I'm sure you don't understand the procedure to be used around here, Representative Giorgi."
"All right. Well, Representative Preston gave me some advice. He, said, 'There is no fiscal impact on this Bill', SO I'm going to move that the fiscal note not apply."
"The Gentleman moves that the fiscal note is not applicable to this Bill. The question is, 'Shall the Gentleman's Motion carry?' All those in favor vote 'aye', opposed vote. 'no'. All in favor vote 'aye' opposed vote 'no'. Representative Ryder."
"Mr. Speaker, I have an inquiry of... Is it appropriate for the Sponsor of the Motion to be doing the cheers for the 14 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 votes over the microphone? I distinctly heard him telling us how to vote."
"Yes."
"I think that's inappropriate decorum."
"No, I think it's all right for Democrats."
"Is there a distinction?"
"Yes."
"You only gave us a Republican rule book; that's where we're had the disadvantage I can tell, but you would think that someone that's been here more than one term, like Mr. Giorgi, would understand those things."
"You and I would think. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 70 'ayes' and 38 'noes', and the Motion carries. Third Reading. Representative Currie, 3416. Ms. Currie. Out of the record. Representative Davis, 3832. Read the Bill, Mr. Clerk."
"House Bill 3832, a Bill for an Act in relation to child support. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Monique Davis."
"Representative Davis."
"Thank you, Mr. Speaker, Ladies and Gentleman. This Amendment took out 'personal checks' meaning that a person who is paying their child support can continue to use personal checks, and it also took out 'credit cards' because someone at the department felt that credit cards would increase fees that someone would have to pay. So, this Amendment merely states that those who are paying those...child support payments can use certified checks, 15 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 credit cards, or not credit cards, but certified checks."
"Any discussion on the Amendment? Representative Davis."
"I'd like to withdraw Amendment #1."
"Amendment #1 is withdrawn. Further Amendments?"
"Floor Amendment #2, offered by Representative Davis."
"Representative Davis."
"All right, Amendment #2 makes it satisfactory to the Department of Public Aid where a person can continue to pay their child support with a personal check or a with a certified check or travelers check."
"Any discussion on that? Representative Wennlund."
"Thank you. Will the Sponsor yield?"
"Yes."
"Would Amendment #2 would allow for the payment by a credit card?"
"No, this removes that."
"So... Is the Department of Public Aid..."
"They're okay with the Bill with Amendment #2."
"With number 2, thank you very much."
"Question is, 'Shall Amendment #2 be adopted?' All in favor say, 'aye', opposed, 'no.' The 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 3998, Representative Levin. (House Bill) 4128, Representative Williams. Paul Williams. Consumer Protection. Second Reading. House Bill 4058, Representative Davis, 4058. Read the Bill, Mr. Clerk."
"House Bill 4058, a Bill for an Act to amend the 16 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 Consumer Fraud and Deceptive Business Practices Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Davis."
"Representative Davis."
"...Floor Amendment #1, Mr. Speaker, changes the number of days from 14 to seven."
"Any discussion on the Amendment? Representative Wennlund."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Yes."
"It was my understanding, Representative, that there was an agreement to hold this Bill on Second Reading and to work out the differences with the Cable Association."
"That's what we've done. This Amendment does that. They thought 14 days was too long and would affect their billing period...so with this Amendment it's to seven days."
"So they could give a seven-day notice of ashut off?"
"That's correct."
"Were they required to give a seven-day notice before they can shut off?"
"That's correct."
"And the Cable Association is signed on to that?"
"Yes."
"Thank you very much."
"Thank you."
"Representative Parke."
"Thank you, Mr. Speaker. Representative I understand that there was a number of people that asked about that Amendment...that you've entered. Has that taken care of most all of the people that were concerned." 17 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992
"...This takes care of the questions that were dealt with in committee. It takes care of the question of the length of time, the effect on their billing process and the notification to the customer."
"So, as far as you know most everybody feels comfortable with this Amendment."
"As far as I know."
"Thank you."
"Thank you."
"Question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye', opposed, 'no.' The 'ayes' have it, and the Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Municipal County and Conservation Law. Second Reading. House Bill 2812, Mr. Homer. Read the Bill, Mr. Clerk."
"House Bill 2812, a Bill for an Act, to amend the Clerks of Court Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Homer."
"Representative Homer."
"Withdraw Amendment 1."
"Amendment #1 is withdrawn. Further Amendments?"
"Floor...Floor Amendment #2, offered by Representative Homer."
"Representative Homer."
"Thank you. Amendment #2 would change the population bracket. Currently it's 180,000...180,000 to 650,000. This would change it to 183,000. The only effect would be to remove Peoria County from the previous bracket so as to 18 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 provide for the lower filing fees that are now on the statute with regard to those counties under 180,000. I would move adoption of Amendment #1, or I'm sorry, Amendment #2."
"Representative Homer moves for the adoption of the Amendment #2 and on that, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield. Representative, Amendment #2 becomes the Bill, correct?"
"Yes."
"Does...it...Bring me up to speed here. Does it only affect Peoria County?"
"Yes, last year we...we passed a fee revision Bill, you recall at the request of Cook County. By the time Bill passed, we had included fee increases for other middle-size counties down to 180,000. Peoria had not requested to be in that Bill and was surprised to find out that they were in that Bill, so by increasing the threshold to 183,000, the only county that would be removed from the import of that Bill last year would be Peoria County. They're the only county that has a population greater than 180,000, but less than 183,000."
"And there's no opposition to this measure from the Urban Counties Council?"
"They have not expressed any opposition to me. Again, it affects only Peoria County."
"Nor have the circuit clerks?"
"No, I have... No, I have not received any input from any circuit clerk."
"Thank you."
"Representative Hasara."
"Yes, Mr. Speaker. Will the Sponsor yield?" 19 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"Yes." May 12, 1992
"Representative, how does the Amendment differ from the Bill. I'm sorry if I missed the original."
"Well, the Bill as the Amendment becomes the Bill, and all that it does is it...right now there are certain fees that are charged in counties that have a population of more than 180,000, but less than 650,000. This Amendment, the only thing that it does, is increase that lower population limit to 183,000. The effect of that would be put one...only one county in this state, that being Peoria County, in together with the bracket of those counties that fall below that threshold, so that the fees charged in Peoria County would be the same as hose fees charged in other smaller counties."
"And the original Bill permitted Peoria to set its own?"
"Yes... Yes, the original Bill would have made it permissive. This simply puts them into a lower bracket."
"Okay, I rise in support of this Amendment. I have had conversations with the circuit clerk from Peoria County and if you'll remember last July 4th, I did speak in opposition to that fee Bill because most counties knew nothing about it, did not know it was coming. In my opinion, we have raised feees so high that the average citizen is denied access to the court system and when Peoria County realized what had happened to it...the county board and the clerk were very upset because they had not been a part of that Bill at all. My concern about the original Bill has been met by this Amendment because, believe it or not, we try very hard in Illinois to have an unified court system, and to permit one county to go off on its own and have a totally different fee structure was not a good idea, but this Amendment clarifies that. So, it simply brings Peoria to 20 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 County along with smaller counties in collecting fees, so you don't have at least 102 different counties. So I do rise in support of the Amendment. Thank you."
"There being no opposition, the question is, 'Shall Amendment #2 be adopted?' All in favor say 'aye', opposed, 'no.' The 'ayes'... Representative Homer."
"...Just for the record, Mr. Speaker, I would like to clarify that I...the previous speaker said that the Peoria County' Board support the Bill. I don't know that to be the case. I don't kno what the position of the county board is, and I just wanted to make that clarification, but I would move for the adoption of the Amendment."
"Question is, 'Shall Amendment #2 be adopted?' All in favor say, 'aye', opposed, 'no.' The 'ayes' have it, and the Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2919. Out of the record. House Bill 2922, Representative Steczo. Steczo. Out of the record. Representative Hartke, 3057. Read the Bill, Mr. Clerk."
"House Bill 3057, a Bill for an Act to amend the Township Law. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Hartke."
"Representative Hartke."
"Thank you very much, Mr. Speaker, Members of the House. (House Bill) 3057 was on the Consent Calendar...earlier, but I asked that it be taken off because there was a technical Amendment that we have to do and so that's what this is. It just changes a couple words in the Bill, and 21 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 is completely technical. I ask for your support."
"Any discussion? The question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye', opposed, 'no.' The 'ayes' have it, and the Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 3189, Representative Homer. Tom Homer. Read the Bill, Mr. Clerk."
"House Bill 3189."
"Out of the record. House Bill 3328, Representative Hartke. Out of the record. House Bill 3374, Representative Hoffman. Jay Hoffman. Out of the record. House Bill 3656, Representative Keane. Mr. Keane. Out of the record. House Bill 3657, Representative McGann. McGann. Out of the record. Representative... (House Bill) 3776, Representative Wyvetter Younge. Out of the record. House Bill 3969, Representative Brunsvold. Out of the record. Elementary and Secondary Education. Second Reading. House Bill 600, Representative Curran. Read the Bill, Mr. Clerk."
"House Bill 600, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions?"
"No Motions filed. No Floor Amendments."
"Third Reading. House Bill 825, Representative Mautino. Read the Bill, Mr. Clerk."
"House Bill 825, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions? Mr. Mautino there's a...This Bill's been read a second time?" 22 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992
"The Bill has been read a second time."
"All right. There is a request for a mandates note and a fiscal note. House Bill 2997, Representative Turner. Representative Turner. Out of the record. Representative Hartke, 3066. Read the Bill, Mr. Clerk."
"House Bill 3066, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Lang."
"Mr. Lang withdraws the Amendment. Withdraw the Amendment, Mr. Lang? Are you? Never mind, the Gentleman does not withdraw the Amendment. Take the Bill out of the record. Representative Hartke, 3067. Read the Bill, Mr. Clerk."
"House Bill 3067, a Bill for an Act concerning school bus driver permits and criminal background investigations of school employees. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions?"
"No Motions filed. No Floor Amendments."
"Third Reading. Representative Hoffman, 3106. Out of the record. Representative Turner, 3781. Mr. Turner. You want...3781, Mr. Clerk. Read the Bill."
"House Bill 3781, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Turner."
"Representative Turner." 23 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992
"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. Amendment #1 is a technical Amendment. It changes language in the Bill so that the grade point average is included in this Bill."
"Mr. Clerk is this Amendment printed?"
"No, it is not."
"Amendment is not printed. Take the Bill out of the record. Representative Balanoff, 3856. Read the Bill, Mr. Clerk."
"House Bill 3856, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill 3903, Representative Rotello. (House Bill) 4022, Representative McGann. Mr. McGann. (House Bill) 4166, Representative Currie. Economic Development. Second Reading. House Bill 1876, Representative Morrow. Representative Wyvetter Younge, on two Bills. Out of the record. House Bill 4010. Read the Bill, Mr. Clerk."
"House Bill 4010, a Bill for an Act to amend the Prairie State 2000 Authority Act. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions?"
"No Motions filed and no Floor Amendments."
"Third Reading. Banking. Second Reading. House Bill 3568, Representative Flinn. Monroe Flinn. Read the Bill, Mr. Clerk."
"House Bill 3568, a Bill for an Act to amend the Public Funds Investment Act. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill 3647, Representative Williams. House Bill 3689, Representative Hicks. Larry 24 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 Hicks. Read the Bill, Mr. Clerk."
"House Bill 3689, a Bill for an Act to amend the Illinois Savings and Loan Act. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill 3711, Representative Williams. Representative Laurino. Higher Education. Second Reading. House Bill 3197, Representative Edley. Mr. Edley. Bill Edley. Read the Bill, Mr. Clerk."
"House Bill 3197, a Bill for an Act relating to governing boards of Illinois institutions of higher learning. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill. Representative Laurino, in the Chair."
"House Bill 3252, Representative Granberg. Representative Granberg. Read the Bill, Mr. Clerk."
"House Bill 3252, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions or Floor Amendments?"
"No Motions filed. No Floor Amendments."
"Third Reading. House Bill 3453, Representative Edley. Out of the record. House Bill 3888, Representative Turner. Art, House Bill 3888? Out of the record. Representative Phelps, for what reason do you arise?"
"Thank you, Mr. Speaker. A point of personal privilege. Today just happens to be the birthday of a fine public servant, my seat mate, Representative McGuire, and being so health conscious as he is and trying to set a fine example, he is not offering cake today, but fruit and little muffins so you are welcome to come partake of...celebrate our birthday of our fine Representative, Jack McGuire." 25 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992
"The Chair will proceed to page 5 of the Calendar. Housing. Second Reading. House Bill 1503, Representative Turner. Out of the record. House Bill 1875, Representative Morrow. Out of the record. House Bill 2903, Representative Satterthwaite. Read the Bill, Mr. Clerk."
"House Bill 2903, a Bill for an Act to amend the Housing Authority Act. Second Reading of the Bill. No Committee Amendments."
"Any Motions or Floor Amendments?"
"Floor Amendment #1. Amendment #1 was withdrawn previously. Floor Amendment #2, offered by Representative Satterthwaite."
"Has it been printed and distributed?"
"Yes, it has."
"Representative Satterthwaite, on Amendment #2 to House Bill 2903."
"Mr. Speaker and Members of the House. For clarification, Amendment #1 was rejected in committee. Amendment #2 incorporates most of what was in Amendment #1, but conforms to the wishes of the committee members in regard to the appointment of additional members to the housing authority boards. I am not aware of any objection to Amendment #2 and would ask for its adoption."
"Lady moves for the adoption of Amendment #2. Are there any questions? Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, I guess I didn't understand your explanation in that if I heard you correctly, you said this Amendment was initially rejected in committee? Is that 26 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day what I heard you say?"
"No, I indicated, for purposes of clarification, the Clerk had originally said there were no Committee Amendments. There was an Amendment offered in committee and then removed again from the Bill before the Bill passed out to the House floor, so it's Amendment #2 that I am offering now that complies with the wishes of the committee members. It incorporates part of what had been in House Amendment #1, the non-controversial part, but it also makes an adjustment that Representative Doederlein asked for, and I think that we've now complied with the wishes of the committee in Amendment #2."
"Okay, in other wor...and most of Amendment #2 appears simply to be definitional in nature. Is that your...would you agree with that?"
"Yes."
"And then the only question I have then, at this point...Is Amendment #2 taking Chicago out of the Bill altogether?"
"Chicago was never in the Bill."
"Okay, in other words, it was you say a government of one million or less and it wasn't higher than that in the original Bill?"
"No."
"Okay."
"There is already other law pertaining to Chicago."
"Okay. Thank you very much."
"But this legislation doesn't cover that."
"The Lady moves for the adotion of Amendment #2 to House Bill 2903. All those in favor indicate by saying 'aye', opposed, 'nay.' The 'ayes' have it. The 27 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE Amendment's adopted. "Amendment
Clerk McLennand: Daniels.' Further Amendments?" May 12, 1992 #3, offered by Representative
"For what reason does Representative Wojcik Wojcik: arise?" "Mr. Speaker, Representative Daniels is not on the floor, and I am a hyphenated Sponsor to the Amendment."
"Fine, Representative Wojcik, would you like to explain the Amendment?"
"Yes, Amendment #3 amends the Housing Authority Act and allows counties over 500,000 to establish by resolution per diems for commissioners and chairmen. Currently, Chicago is the only city that is allowed to establish this for the cChairman. So now it will now broaden it to DuPage and lake."
"Lady moves for the adoption of Amendment #3 House Bill 2903. Are there any questions? Satterthwaite." to
Representative Satterthwaite: "I just simply say I have no objection to the Lady's Amendment and move for its adoption."
"The Lady moves for the adoption of Amendment #3 to House Bill 2903. For what reason do you arise, Representative Morrow?"
"Thank you, Mr. Chairman. If the Sponsor would yield?"
"For a moment, I was confused. You were screaming Roll Call. Representative Wojcik says she Morrow: would." "Yes, Representative Wojcik where would the moneys come from to pay for the per diem?"
"The county board."
"The county board. Has the county board commissioners signed off on Amendment #3 to House Bill 2903? Are they 28 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day for, or are they against, this Amendment?" May 12, 1992
"It was a request from the DuPage Housing Authority."
"Only by the DuPage Housing Authority? What about the other housing...what about...what about Cook County?"
"This Amendment only affects Lake and DuPage; it does not...and Cook County's are already doing it. Chicago."
"Thank you."
"Representative Morrow, proceed."
"Yes, Representative Wojcik, we have been informed that the City of Chicago Housing Commissioners don't get paid a per diem."
"The language that is currently in allows them to establish it. It is not required, and this would allow DuPage and Lake also. It's permissive."
"It is...It is permissive?"
"It is not 'made'. It is allowed. Not 'shall'."
"How...How much. How much of... How much of a per diem would they receive?"
"It would be established by the authority."
"Established by the authority?"
"Right."
"Thank you."
"Representative Lang."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, why do we need this?"
"Because it's already in place for Chicago and DuPage and Lake County have asked to have the same authority."
"Well, it...it...my understanding also is that they're not paid in the City of Chicago and let me ask you this, even if they were getting paid, I mean is that really an answer: because they are getting paid in the City of 29 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 Chicago, they should get paid elsewhere?"
"From my understanding and relating back to the Housing Authority in DuPage, it is their request."
"Well, let me ask you this. Is the spirit of volunteerism dead outside of the City of Chicago? Did we lose it someplace? They're all around me; they want me to ask you about a 1,000 points of light, if this has anything to do with that."
"You know, I'm doing...I'm not really the Chief Sponsor of this Amendment, so I...I'm not privy to all of the desires or wants. of the certain type of request, so I probably could answer exactly what I am told and that is what I am telling you."
"Well, Representative, I'm not trying to make your life difficult, but perhaps, given your knowledge of this Amendment and since the Sponsor is not on the floor, perhaps you would like to table it or take it out of the record."
"I don't think so."
"Well, to the Amendment, Mr. Speaker. We don't have enough information about this Amendment to vote on it one way or the other. There seems to be a definite lack of information on the other side. Unfortunately, the Sponsor of the Amendment's not on the floor, and I would ask Members on this side of the aisle to vote 'no' on this Amendment."
"Representative Doederlein."
"Mr. Speaker, Ladies and Gentleman of the House. I rise in support of this Amendment...Representative Satterthwaite has worked very hard on this Bill and the Amendments, and we've all talked together, we've worked together, and I think that this Amendment is part of the 30 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 organization of the Bill. I rise in support of the Amendments and the Bill."
"Representative Matijevich."
"Mr. Speaker and Ladies and Gentlemen of the House. The Sponsor of the Amendment said that this affects Lake County and DuPage County and those counties asked for it. Now, we Legislators from Lake County had a meeting with our county board members and they did not mention this to us. Now, I realize that...that some of the county board members are on their way to get rid of Grace Mary Stern and I, but they haven't got rid of us yet. Now...this is no different than the gas tax. They say, oh, they don't want a gas tax, or they want it permissive. Well, I wanna tell you that I'm proud to say they don't have one in Lake County, a gas tax, because of myself and Leroy VanDuyne and as long as I am here theu're not going to get that either. They're not going to put another 4 gas tax on us county members, and this is no different than that. They say we mandate so much stuff, but then when we do it permissively, they say, 'Oh it's permissive. We're not going to use it. Soon as the Governor signs it, they use it. There is no reason why the housing commissioners have to work on per diem. My God, they get a salary for what they do. Why do they have to work...per diem? The fact of the matter is this would be a bad precedent. You would have other boards of the county saying 'Hey, you did it for the housing authority commissioners. Do it for us.' This is a bad Amendment; it's a bad precedent. We realize that in Cook County, with their population, they do things sometimes a little differently, but that doesn't mean you oughta extend their mistakes to the other parts of the... State of Illinois. I would urge a ressonding 'no' not just by this side of the 31 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 aisle, but from the other side of the aisle, because my county did not ask for it."
"Representative Black, for what reason do you rise, Sir."
"Well, I was just going to ask the Sponsor a question.".
"Pproceed."
"Thank you. Representative, if I heard you correctly, your Amendment simply gives permissive authority to two county boards to do what the City of Chicago already has permissive authority to do."
"Correct. Ironically, as it may sound, we are making this permissive. Normally, we are very good for mandating, but this is a permissive."
"So, in fact, if there was a bad precedent set, it must have been set for the City of Chicago, since they already have this authority."
"I would probably grant to say that that's correct."
"Well, thank you very much. Mr. Speaker and Ladies and Gentleman of the House, I'm not sure what's at work here. I don't know if it's because the Chief Sponsor of the Amendment isn't on the floor, and I would say to all of youthat that sets a bad precedent among leadership, if they all have to be out here to present their own Amendments, I'm not sure you want to do that. The Sponsor of the Bill clearly stated she has no objection to this Amendment, and she has worked very hard on the underlying Bill. Now, if there's an inherent flaw in the Amendment, that's one issue. If there's a problem because the Chief Sponsor, who happens to be the Minority Leader of the Illinois House, is not on the floor to present it, then perhaps that should cut both ways. I don't think you want to do that. The Lady has explained her Amendment. It is giving permissive 32 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 authority to two counties to match permissive authority that the City of Chicago already has. It doesn't mandate anything, and in light that the Sponsor of the underlying Bill has said she had no problems with this Amendment and tried to accommodate people, which is the way we usually try to work things on the Amendment process, I rise in support of Amendment #3."
"Representative Wojcik."
"Since in my estimation, I am the hyphenated Sponsor of this Amendment and since there seems to be some question as to permissive or non-permissive and we are saying that what we're trying to do is bring it in line with the City of Chicago and it's not understood, I think I will withdraw the Motion so that we can discuss it further, and they will find out that it is more permissive than anything else. Thank you."
"The Lady withdraws Amendment #3 to House Bill 2903. Further Amendments."
"No further Amendments."
"Third Reading. House Bill 3422, Representative Lou Jones. Read the Bill, Mr. Clerk."
"House Bill 3422, a Bill for an Act to amend the Housing Authority. No Committee Amendments."
"Any Motions or Floor Amendments?"
"Floor Amendment #1, offered by Representative Lou Jones."
"Has that Amendment been printed and distributed?"
"Yes, it has."
"Proceed with the Amendment, Representative Jones. Representative Jones on Amendment #1 to House Bill 3422." 33 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
May 12, 1992 "Thank you, Mr. Speaker and Members of the House. This is an Amendment, an agreed Amendment, with all parties concerned on a concern that they had in committee as to the quorum, what constitutes a quorum. The chairman of the committee and also the members of the committee have all signed out on...signed off on this Amendment and it's...everybody is happy with this Amendment."
"It appears everyone is hap...oh, I guess not. Representative Doederlein's got a question. Representative Doederlein."
"Will the Sponsor yield for a question?"
"She indicates she will."
"You're changing the quorum from four to three. You're putting two more members on the authority. That would mean that those two new members, plus one old member, could constitute a quorum. Is that right?" Jones, Lou: "Absolutely."
"I don't think that we're ready for that. Somebody said, 'Well, when we put those people on, then we will change this law again'. I think it is very confusing: the two new members, the two tenant members then could possibly run the Chicago Housing Authority? I think we want representation from them. I think that was very well put but I think that when you change that from four commissioners to three commissioners to a quorum, then with the two new members and one old member you could stack the deck, as they would say." Jones, Lou: "Representative, I don't think that you're...we're talking about the same Bill."
"You're talking about Amendment #1 to House Bill 3422?" Jones, Lou: "Right, but this is Amendment that's in regards to 34 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 1587, the commissioners added to the commissioner Bill from last year. What happened is that we will be adding three members which will be a 10-member board and, as I explained in committee, those three members have not been added as result the board cannot meet, and so we needed to change the quorum now, so they can at least meet and do business. The two members are for the other Bill, the 2903, not for this particular Bill. We still have a 10-member board, but all I was doing here was doing the adjustment on the quorums, so they will be able to meet. I explained this in committee, if you can remember."
"You only have three commissioners now? How many commissioners do you have now?" Jones, Lou: "We have seven. Our board consists of seven. We added three which made a total of 10."
"You have seven in place now." Jones, Lou: "No, we do not have seven in place. The board consists of seven. Two of them have resigned, so there is, right now there is (sic are) four, but because the Bill was effective January the 1st, 1992, and the Bill says that seven constitutes a quorum. There are only five, and they cannot meet, so this is the reason for this Amendment, so they can do business as usual until they add the three members which will be a 10-member board.."
"When they add the three, then there will be seven, for a quorum." Jones, Lou: "No, there will be 10 when they add the three. See, it's a seven-member board now, two of them have...one of them resigned and one of them quit. I don't know. They only have five members now, okay? They will the mayor will appoint two more to make the seven, then the other three will come from the tenants. They will be added as 35 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 representation (representatives) as tenants that live in Chicago housing which will be a total of 10. Seven plus three equals 10."
"Thank you."
"Further questions. Representative Wennlund."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"As I read the Amendment, it appears to...What we're going to do is were taking an authority that 10 commissioners, and we're going to allow three of them to constitute a quorum to do business?" Jones, Lou: "Representative, they do not have the 10 as we speak."
"What will happen when they do get the 10." Jones, Lou: "Then it will con...a quorum constitutes seven."
"I don't see where that's provided in the...in the Bill or the Amendment." Jones, Lou: "It's in the original Bill."
"When does that...when does three...when do three commissioners not constitute a quorum?" Jones, Lou: "I really don't understand what you're saying. I mean, you've got me confused now."
"I think the Amendment has some problems and some flaws in it's wording because it doesn't automatically cure the situation and run from three to seven. The language...the language of the Amendment is fatally flawed, and both staff on both sides of the aisle have some concern with respect to that language. You might wanna...You might want to do yourself a favor..." Jones, Lou: "...Both sides of the aisle. Where is the other side of the aisle? I have two questions from your side of the aisle. You and the other Representative. Now where is the 36 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANS STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 Randolph who's president of the C.A.C., who actually signed off on the Amendment. I would not present the Amendment unless they had signed off on the Amendment. Chicago Housing Authority, this is their Amendment. This is their wording, and I ask for a vote on this Amendment."
"The Lady moves for the adoption of Amendment #1 to House Bill 3422. All those in favor indicate by saying 'aye', opposed, 'nay.' The 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. The Chair will go back to Human Services. Second Reading, page 22. House Bill 4170, Representative Martinez. Read the Bill, Mr. Clerk."
"House Bill 4170, a Bill for an Act to amend the Personnel Code. The Bill has been read a second time."
Speaker Laurino: "Representative, we understand there's an Amendment to this Bill, but it has not been printed and distributed yet, so we'll have to hold the Bill on Second. The Chair will now proceed to page 8, Insurance, Second Reading. House Bill 2825, Representative Daniels. Out of the record. House Bill 2987, Representative Homer. Representative Homer. Read the Bill, Mr. Clerk."
"House Bill 2987, a Bill for an Act to amend the Illinois Insurance Code. Amendment #1 was adopted in committee."
"Any Motions or Floor Amendments?"
"Amendment #2, offered by Representative Homer."
"Has it been printed and distributed?"
"Yes, it has."
"Proceed, Representative, with Amendment #2 to House Bill 2987."
"Thank you, Mr. Speaker. I am offering Amendment #2 as a 38 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 fulfillment of an agreement that I made when I presented the Bill in committee. Representative Parke raised a concern relative to the issue of whether the employees must give written consent to be insured under this program, and we agreed to comply with that request, and SO the Amendment, very simply clarifies that the consent requested must be in writing."
"Representative Homer moves for the adoption of Amendment #2 to House Bill 2987 and on that are there any questions? Representative Parke?"
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. We appreciate Representative Homer fulfilling his commitment to us in committee. We should have no problems with the legislation and thank you, Representative."
"Representative Homer moves for the adoption of Amendment #2 to House Bill 2987. All those in favor indicate by saying 'aye', opposed, 'nay'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 3092, Representative Currie. Representative Currie? Out of the record. House Bill 3157, Representative Lang. Out of the record. House Bill 3323, Representative Brunsvold. Read the Bill, Mr. Clerk."
"House Bill 3323, a Bill for an Act to amend the Illinois Insurance Code."
"Representative McPike in the Chair."
"Amendment #1 was adopted in committee."
"Any Motions?"
"No Motions. No Floor Amendments."
"Any Floor Amendments?"
"No Floor Amendments." 39 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
Speaker McPike: "Third Reading. May 12, 1992 (House Bill) 3334, Representative McDonough. Mr. McDonough? McDonough? Do you want this Bill called? Representative Turner, 3698. Mr. Turner? Representative Rice, 3877. Civil Law, Second Reading, House Bill 608, Representative Levin. 2532, Representative White. Jesse White? Representative Currie, 2681. Read the Bill, Mr. Clerk."
Illinois "House Bill 2681, a Bill for an Act to amend the Human Rights Act. This Bill has previously been read a second time."
"Any Amendments?"
"No Amendments."
"Why is it being held on Second Reading, Mr. Clerk? Is there a request for a fiscal note? Is it filed? It's been filed. Third Reading. Civil Law Second Reading. 2803, Representative Homer. Mr. Homer, 2803. Read the Bill, Mr. Clerk."
"House Bill 2803, a Bill for an Act to amend the Clerks of Courts Act. Second Reading."
"Any Motions?"
"No Motions."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 3000, Representative Curran. Read the Bill, Mr. Clerk."
"House Bill 3000, a Bill for an Act to amend the State Employee Indemnification Act."
"Has this Bill been read a second time?" "Yes, it has."
"Previously?"
"No."
"Well, you haven't read it a second time today, 40 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 Mr. Clerk, so read the Bill."
"House Bill 3000, a Bill for an Act to amend the State Employee. Indemnification Act. Second Reading."
"Mr. Curran, there is a request for a fiscal note. Are there any Amendments, Mr. Clerk."
"Amendment #1 offered by Representative Curran."
"Representative Curran, Amendment #1? Out of the record? Take the Bill out of the record. Representative Lang 3078. (House Bill) 3079. Read the Bill, Mr. Clerk."
"House Bill 3079, a Bill for an Act to amend the Illinois Human Rights Act. Amendment #1 was adopted in committee. Second Reading."
"Are there any Committee Amendments?"
"Amendment #1 was adopted in committee."
"Any Motions?"
"No Motions."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 3333, Representative McDonough. Representative McDonough, (House Bill) 3333. Out of the record. (House Bill) 3355, Representative Lang. Out of the record. (House Bill) 3406, Representative Currie. Read the Bill, Mr. Clerk."
"House Bill 3406, a Bill for an Act to amend the Illinois Human Rights Act. Amendment #1 was adopted in committee. Second Reading."
"Any Motions?"
"No Motions."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 3652, Representative Shaw. House Bill 4009, Representative Anthony Young. Read 41 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day the Bill, Mr. Clerk."
May 12, 1992 "House Bill 4009, a Bill for an Act to amend the Code of Civil Procedure. No Committee Amendments. Reading."
"Read the Bill, Mr. Clerk."
Second "House Bill 4009, a Bill for an Act to amend the Code of Civil Procedure. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
Young." "Floor Amendment #1, offered by Representative
"Representative Young. Withdraws Amendment #1. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 4049, Representative Keane. Read the Bill, Mr. Clerk."
"House Bill 4049, a Bill for an Act to amend the Code of Civil Procedure. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 4059, Representative Davis. Monique Davis. Read the Bill, Mr. Clerk."
"House Bill 4059, a Bill for an Act concerning building code violations. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments? Any Floor Amendments?"
"Floor Amendment #2. Floor Amendment #1, offered by Representative Davis."
"Representative Davis."
"Thank you, Mr. Speaker. Floor Amendment #1 merely states that in populations over 1,000,000 that property owners 42 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 responsible for the accumulation of garbage trash and debris, be placed under the legislation."
"The question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye', opposed, 'no'. The 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"Amendment #2, offered by Representative Davis."
"Representative Davis."
"Thank you, Amendment #2 states that a property owner has to be the one responsible for the dumping of the garbage, like if a property owner is accused, but someone else did the dumping, the property owner would not be the one to get the fine."
"The question is, 'Shall Amendment #2 be adopted? Representative Wennlund."
"Thank you, Mr. Speaker. A question of the Sponsor?"
"Yes."
"If...With the adoption of Amendment #1, it appears that this Amendment strikes language that was already deleted and replaced in Floor Amendment #1?"
"Part...Floor Amendment #1 does what now?"
"Floor Amendment #1 was adopted, which would make this Amendment out of order. The...This Amendment appears to strike language that has already been deleted and replaced in Floor Amendment #1."
"Are you saying that Floor Amendment #1 does something to Floor Amendment #2?"
"Well, what it does is it...instead of changing...instead of referring to the building code, it refers to the zoning code."
"Amendment #1 does."
"Number II." 43 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"It should. Amendment #2 is discussing zoning violations."
"What is the effect of the Bill, as amended by Amendment #2?"
"The effect of the Bill is that if a person is dumping garbage, trash or debris on his or her property and violating a zoning law that the Attorney General has the authority of fining them of some amount per day."
"Who would permit the City of Chicago to issue an order requiring a tenant to clean up and remove trash and garbage?"
"Yes, that's why we drafted #2. You see the first one, it appeared, stated that even if the owner were not aware or knowledgeable of this dumping, he or she could be held accountable, and #2 states that the dumper has to be the owner. It's the owner, not just a resident, the owner."
"Okay, so the order would come to the owner of the premises even though he might not reside on it?"
"He has to be the one doing the dumping, not someone else."
"Okay, so..."
"With Amendment #2 it states that the owner of the property is using it to put garbage or to put trash or to put debris. Isn't that right?"
"Okay. Thank you very much."
"You're welcome."
"The question is, 'Shall Amendment #2 be adopted?' All in favor... Representative Homer."
"Will the Sponsor yield?"
"Yes."
"Representative Davis, this would empower...this Amendment would authorize the Attorney General to enforce the Chicago 44 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 140th Legislative Day Municipal Code?"
"No. I mean, whatever that Municipal Code is would remain in effect."
"Explain...I'm sorry then, maybe I didn't understand you. What does your Amendment do?"
"This...number...Amendment #1...Well, you want Amendment #2."
"Yes."
"All right, Amendment #2 states that in populations of over a 1,000,000 people, if they find that a property owner is using his or her property to dump garbage, debris, or trash from one site and bring it to that site that he or she owns and violates the zoning law, that whatever happens to them can be increased."
"The original Bill, though did not it provide that the Attorney General, in cooperation with local officials, shall enforce that municipal code violation?"
"Yes, that's correct."
"What's the posture of the Bill, as amended, then with respect to the intervention of the Attorney General?"
"Well, it appears to me that the hearing officer would now be responsible for being the authority over this kind of hearing. There's a hearing officer involved and the hearing officer is the one who would hear the case. Isn't that correct?"
"The Bill still has...the original Bill still has in it the section that the Attorney General shall enforce the collection of penalties imposed under the code?"
"I think the original Bill stated the Attorney General, in cooperation with the local officials, shall enforce the collection of fines imposed under this Section."
"All right. Representative Davis, maybe I don't 45 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 understand. The original Bill has a provision in it that the Attorney General would enforce the Municipal Code violation. Now that is a substantial departure from anything I know of in current law. The Attorney General's responsibilities generally are to enforce violations of state statute, state regulation. I know of no instance where the Attorney General is to expend its resources to enforce some city's municipal code. Perhaps..."
"Are you say...no go...are you...?"
"Perhaps my comments are more appropriate in discussing the Bill itself than your Amendment that...The Amendment does not deal with the authority of the Attorney General, does it?"
"The Amendment does not. No."
"Okay, well then, I have..."
"The original Bill does."
"I see, well then, I have no particular position on the Amendment. I do think, however, that it's a bad precedent to have the state's limited resources used to have the Attorney General enforce Municipal Codes."
"All right, Representative, are you stating to me that the drafters of the Amendment have changed the Code that's being Amended and it's a Municipal Code that's being amended and therefore that should not be the Attorney General as the enforcer of this law? Is that what you're saying to me?"
"Well, I think your original Bill provided that the Attorney General would be required to enforce this provision of the Municipal Code, and, let me do this. I think my comments are not pertinent to your Amendment, so I'm going to...we have no positionI'll talk..."
"I don't want you to be against my Bill, though, because 46 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 of the Amendment so if we can work this out, let's work it out."
"Well, that's okay. Let's...Well... Let me discuss it with you after...after the Amendment. your Amendment."
I have no objection to Speaker McPike: "The question is, 'Shall Amendment #2 be adopted?' All in favor say 'aye', opposed, 'no'. The 'ayes' have it and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 4194, Representative Representative Homer, Out of the record. Johnson. Criminal Law, Second. 1421. Read the Bill, Mr. Clerk. Representative J. Hoffman, 2467. Representative Noland, 2750. Read the Bill, Mr. 2694. Clerk." Representative Kirkland,
"House Bill 2750, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions?"
"No Motions."
"Any Floor Amendments?"
Noland."
"Floor Amendment #2 offered by Representative "Representative Noland." "Thank you Mr. Chairman. Floor Amendment #2 becomes the Bill. It's language agreed upon in committee, in Judiciary Committee. I move for its adoption."
"Would you like to explain what it does?"
"Yes, the Amendment it removes, it removes the non-employee locker room language, also adds an exemption for the Department of Corrections officials to be able to 47 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 videotape or film for security reasons."
"Is there any discussion of the Gentleman's Amendment? The question is, 'Shall Amendment... Amendment #2 be adopted? All in favor say 'aye', opposed, 'no'. The 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"Amendment #3 offered by Representative Santiago."
"Representative Santiago. Mr. Santiago? Amendment #3. The Gentleman withdraws Amendment #3. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2767, Representative Homer. Read the Bill, Mr. Clerk."
"House Bill 2767, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 2799, Mr. Homer. Out of the record. House Bill 3041, Representative Cronin. Out of the record. House Bill 3043, Representative Granberg. Read the Bill, Mr. Clerk."
"House Bill 3043, a Bill for an Act to amend the Illinois Food Drug and Cosmetic Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. (House Bill) 3271 out of the record. House Bill 3290, Representative Ryder. Read the Bill, Mr. Clerk."
"House Bill 3290, a Bill for an Act to amend the 48 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 Illinois Vehicle Code. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions?"
"No Motions."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 3423, Representative Burke. Read the Bill, Mr. Clerk, 3423."
"House Bill 3423, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of the Bill. No Committee Amendments."
"Take this out of the record. House Bill 3585, Representative Ryder. Read the Bill, Mr. Clerk."
"House Bill 3585, a Bill for an Act to amend the Illinois Controlled Substances Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Santiago."
"Representative Santiago, Amendment #1. The Gentleman withdraws Amendment #1. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 3588, Representative Frederick. Read the Bill, Mr. Clerk."
"House Bill 3588, a Bill for an Act to create the State Wide Organized Gang Database Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #2 offered by Representative Frederick."
"Representative Frederick."
"Yes, thank you, Mr. Speaker, Ladies and Gentlemen of 49 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 the House. Amendment #2 changes the language from mandatory to permissive, in other words, it inserts the word 'may' for the word 'shall' has been included."
"The question is, 'Shall Amendment #2 be adopted?' All those in favor say 'aye', opposed, 'no'. The 'ayes' have it. Amendment #2 is adopted. Further Amendments?"
"Amendment #3, offered by Representative Homer."
"Representative Homer."
"Thank you. I didn't get a chance to talk to the Sponsor about this. I don't know if she's familiar with this Amendment and if she wants time, I would take it, I would ask that it be taken out of the record. If not, what the Amendment does is to...is to make all of the mandatory provisions in the Bill permissive. It changes the word 'shall' to 'may' in each place where that word 'shall' does appear. The reason for the Amendment is similar to the previous Amendment in that this Bill creates a new statewide organized gang database within the Department of State Police. There is a concern about the resources needed to implement the program and so rather than mandating that the program be implemented, this simply gives permissive authority to the Department of State Police, and I would be willing to accede to the Sponsor should she want to take the Bill out of the record, otherwise... She's waving that it's okay that we would move...I would move the adoption of Amendment #3."
"The Gentleman moves the adoption of Amendment #3. All in favor say 'aye', opposed, 'no'. The 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments." 50 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"Third Reading. House Bill 4101. May 12, 1992 (House Bill) 4101, Representative Martinez. Read the Bill, Mr. Clerk."
"House Bill 4101, a Bill for an Act to amend the Criminal Code of 1961. Second Reading of the Bill. Amendment #1 was tabled in committee."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Martinez."
"Representative Martinez."
"Thank you, Mr. Speaker, Ladies and Gentleman of this House. Amendment number...Floor Amendment #1 becomes the Bill. It's an agreed Amendment. I move its adoption."
"And on the Gentleman's Motion, Mr. Black."
"Thank you very much, Mr. Speaker. An inquiry of the Chair. I guess, indirectly, a question of the Sponsor. Our notes indicate that this Amendment was to have been tabled."
"Mr. Clerk, is the Amendment printed?"
"No, it is not."
"The Amendment has not been printed. Do you want to take this Bill out of the record?"
"Yes."
"Yes, out of the record. Senate Bill 744, Representative Currie. Ms. Currie? Labor, Second Reading. Representative Curran, 2982. Read the Bill, Mr. Clerk."
"House Bill 2982, a Bill for an Act to amend the Illinois Wage Payment and Collection Act. This Bill has previously been read a second time."
"Well, why is it being held on Second Reading? Is the fiscal note filed? The fiscal note has been filed. Third Reading. House Bill 3098, Representative Novak. Mr. Novak. Read the Bill, Mr. Clerk." 51 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992
"House Bill 3098, a Bill for an Act to amend the Public Employee Disability Act. The Bill has previously been read a second time. Waiting for a fiscal note."
"Is the note filed?"
"The note is not filed."
"Mr. Novak, the note has not been filed. Representative Black, 3264. Out of the record. Representative Balanoff, 3407. Read the Bill, Mr. Clerk."
"House Bill 3407, a Bill for an Act to amend the Illinois Wage Assignment Act."
"Out of the record. House Bill 3432, Representative Balanoff. Read the Bill, Mr. Clerk."
"House Bill 3432, a Bill for an Act in relation to occupational health clinics. Second Reading of the Bill."
"This...has this Bill been read a second time previously?"
"No it has not."
"All right. are there any Amendments?"
"Amendment #1 offered by Representative Balanoff."
"Representative Balanoff, Amendment #1?"
"This just changes the make-up of the advisory... The Amendment just changes the appointments from...to the Director of the Department of Labor."
"Mr. Balanoff. The Gentleman moves for the adoption of the Amendment and on that, Representative Wennlund."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Yes."
"Why...Why are we changing...why are you seeking to change the membership on the Occupational Health Advisory 52 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 Committee who are now appointed by the four legislative leaders and the Governor?"
"So they won't be legislative appointments."
"I'm sorry, I can't hear."
"So they will not be legislative appointments."
"Has there been a problem in the past that..."
"No, no, we just thought the Department of Labor be a better place to...director to make the appointments. That's all."
"So that the Director of the Department of Labor, under the terms of this Amendment, would appoint all nine persons to the committee."
"That's correct."
"Thank you. To the Amendment, Ladies and Gentlemen of the House, there certainly doesn't appear to be any compelling reason why this Amendment should be adopted and removing the authority of the four legislative leaders and the Governor to appoint the nine members of the Occupational Health Advisory Committee, changing that to the Director of Department of Labor. I see no reason at all that this General Assembly should change the existing setup and framework... It's basically a whole new Act, and I don't think that this ought to be done just by a Floor Amendment. There certainly appears to be no compelling reasons why, at this point in time, we should change."
"Mr. Balanoff, to close."
"The change is possibly necessary because it may be unconstitutional to have legislative appointments to a...to an executive agency, and we certainly...if they say it doesn't make any difference then let's just put it on."
"The question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye', opposed, 'no'. The 53 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Wyvetter Younge, House Re...Representative Younge. Out of the record. Transportation, Second Reading. House Bill 1747, Representative Laurino. Out of the record. House Bill 2741, Representative Klemm. Read the Bill, Mr. Clerk.".
"House Bill 2741, a Bill for an Act in relation to adopting a highway or public area. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions?"
"No Motions."
"Any Floor Amendments?"
"Floor Amendment #2, offered by Representative Klemm."
"Representative Klemm."
"Well, thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #2 actually becomes the Bill. This becomes the Bill for Illinois Adopt-a-Highway Act. What we've done is we have meetings with the Teamsters, with the municipal people, and I DOT, and we arrived at a consolidation of some of the provisions that we had talked about through the years. What we have done isorder...in order to meet all the concerns of the labor groups and of the municipalities who wish to do the Adopt-a-Highway in Illinois, we have limited 2 local communities of those counties, townships and municipalities, but only within the corporate limits. So what we're doing is kind of starting the Adopt-a-Highway Program in Illinois through this Amendment and yet not doing it statewide in order to see how the program will work, and I'd be...I'd be delighted to 54 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 answer any questions, and I move for it's adoption."
"The question is, 'Shall Amendment #2 be adopted?' Is there any discussion? No discussion. The question is, 'Shall Amendment #2 be adopted?' All in favor say 'aye', opposed, 'no'. The 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. (House Bill) 2865, Representative Black. Read the Bill, Mr. Clerk."
"House Bill 2865, a Bill for an Act to create the Interstate Rail Passenger Network Compact. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Giorgi."
"By who, Mr. Clerk? By who?"
"Representative Giorgi."
"Representative Giorgi, Amendment #1. The Gentleman withdraws Amendment #1. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2884, Representative Burke. Mr. Burke? Read the Bill, Mr. Clerk."
"House Bill 2884, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments? Take the Bill out of the record. Representative Giorgi, 2989. Read the Bill, Mr. Clerk."
"House Bill 2989, a Bill for an Act to amend the Regional Transportation Authority Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?" 55 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 140th Legislative Day
"No Floor Amendments."
"Third Reading. Representative Flinn, 3887. Mr. Monroe Flinn. Public Utilities, Second Reading. House Bill 3013, Representative Hartke. Hartke. Chuck Hartke. Read the Bill, Mr. Clerk."
"House Bill 3013, a Bill for an Act to amend the Emergency Telephone System Act. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions?"
"No Motions."
"Any Floor Amendments?"
"Floor Amendment #2, offered by Representative Hartke."
"Representative Hartke."
"Thank you very much, Mr. Speaker and Members of the House. Floor Amendment #2 simply adds to the 911 system the request that the Master Street Address Guide also be used in the impementation of this program. Appreciate your support."
"Any discussion? The question is, 'Shall Amendment #2 be adopted? All in favor say 'aye', opposed, 'no'. The 'ayes' have it, and the Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 3038. Read the Bill, Mr. Clerk."
"House Bill 3038, a Bill for an Act to amend the Public Utilities Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 3209, Representative 56 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 Hoffman. J. Hoffman. House Bill 3659, Representative McDonough. Out of the record. House Bill 3734, Representative Schakowsky. Out of the record. House Bill 3971, Representative Cowlishaw. Cowlishaw? Ms. Cowlishaw? Out of the record. House Bill 4026, Representative Levin. Ellis Levin? Real Estate Law, Second Reading. Representative White. Jesse White. Representative Hicks, 3188. Read the Bill... Out of the record. Representative Kubik, 3612. Mr. Kubik. Jack Kubik. Mr. Kubik. Mr. Kubik. Out of the record. Representative Levin. Mr. Levin. Out of the record. Professional Regulation, Second Reading. House Bill 748, Representative McAfee. Out of the record. House Bill 1816, Mr. Steczo. Terry Steczo. Mr. Black, 2723. Read the Bill, Mr. Clerk."
"House Bill 2723, a Bill for an Act to amend the Illinois Nursing Act of 1987. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions?"
"No Motions."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 2768, Representative Homer. Mr. Homer here? Out of the record. House Bill 2928, Representative Johnson. Mr. Johnson. House Bill 3096, Representative Obrzut. Mr. Obrzut. Read the Bill. Mr. Clerk, read the Bill."
"House Bill 3096, a Bill for an Act regulating the practice of industrial hygiene. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Any Motions?"
"No Motions."
"Any Floor Amendments?" 57 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992
"No Floor Amendments."
"Third Reading. House Bill 3222, Representative Currie. Representative Hartke, 3326. Read the Bill, Mr. Clerk."
"House Bill 3326, a Bill for an Act to amend the Illinois Funeral or Burial Funds Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Hartke."
"Representative Hartke."
"Thank you very much, Mr. Speaker. I gotta to ask the question. Has it been printed and distributed yet?"
"No, it is not."
"All right, let's take it out of the record then please."
"Out of the record. Speaker Madigan, in the Chair."
"On the Order of Professional Regulations, Second Reading, there appears House Bill 3360. Mr. Clerk, has the Bill been read a second time?"
"No, it is not."
"Read the Bill."
"House Bill 3360, a Bill for an Act in relation to the licensing of professional counselors and clinical professional counselors. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative Steczo."
"Mr. Steczo. The Gentleman is not in the chamber. Does anyone...Is Mr. Steczo in the chamber? Take this Bill out of the record. House Bill 3434, 58 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 Representative Satterthwaite. Has the Bill been read a second time?"
"No it is not."
"Read the Bill."
"House Bill 3434, a Bill for an Act to provide for the regulation of geologists. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Are there any Motions?"
"No Motions."
"Are there any Floor Amendments?"
"Floor Amendment #2 offered by Representative Satterthwaite."
"Representative Satterthwaite."
"Mr. Speaker and Members of the House, Amendment #2 is just a technical correction to correct a misprint ion Amendment #1, and I move for the adoption of Amendment #2."
"The Lady moves for the adoption of the Amendment. Is there any opposition? Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 3518. Is Mr. Steczo in the chamber? Mr. Steczo? Okay. House Bill 3673, Mr. Keane. Mr. Bill(sic Clerk) is the... Mr. Clerk, has the Bill been read a second time?"
"No it has not."
"Read the Bill."
"House Bill 3673, a Bill for an Act to amend the law in relation to the regulation of funeral directors and embalmers. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?" 59 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
Keane." May 12, 1992 "Floor Amendment #1, offered by Representative
"Mr. Keane, on the Amendment."
"Thank you, Mr. Speaker. House Amendment #1, or Amendment #1 to House Bill 3673 is an agreement between the funeral directors and the Cemetary Association. It is an agreed Amendment, and I move its adoption."
"The Gentleman moves for the adoption of the Amendment. On that question, the Chair recognizes Mr. Black."
"Thank you very much, Mr. Speaker. An inquiry of the Chair. Has the Amendment been printed and distributed as we do not have it?"
"I'm advised by the Head Page that the Amendment has been printed and distributed. Could someone give Mr. Black a copy of the Amendment? Mr. Keane, does anyone have a copy of the Amendment? Mr. Homer, would you have a copy of the Amendment?"
"Mr. Speaker?"
"Mr. Black."
"It's my understanding that this is currently being distributed, even as we speak, on your side of the aisle as well. Would the Gentleman be willing to take this out of the record for a few minutes until we can at least analyze what's in this Amendment?"
"Yes, the Bill shall be taken from the record and we now have found Mr. Steczo. House Bill 3787, Mr. Regan. You ready? Mr. Clerk, read the Bill."
"House Bill 3787, a Bill for an Act to amend the Boiler and Pressure Vessels Safety Act. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill 3911. Mr. Ronan? 60 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day Read the Bill."
May 12, 1992 "House Bill 3911, a Bill for an Act in relation to pharmacies. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill 3941, Mr. Phelps. Take it out of the record? Take it out of the record. On the Order of Revenue Bills, Second Reading, there appears House Bill 429, Mr. Curran. Is Mr. Curran in the chamber? Mr. Curran? House Bill 451, Representative Currie. Take it out of the record. House Bill 1103, Representative Currie. Take it out of the record. House Bill 2957, Mr. Lang. Is Mr. Lang in the chamber? House Bill 3623, Mr. Keane. Mr. Clerk, read the Bill."
"House Bill 3623, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill 4013, Mr. Giorgi. Mr. Giorgi. House Bill 4013 is concerned with pull tabs. Out of the record. House Bill 4028, Mr. Laurino. Mr. Laurino. House Bill 4028. It's concerned with retirement savings. Mr. Laurino. Read the Bill."
"House Bill 4028. This Bill has been read a second time previously, and the fiscal note has been filed."
"Are there any Amendments filed?"
"No Floor Amendments."
"Third Reading. Mr. Laurino."
"Mr. Speaker, the Clerk is mistaken. There was a Floor Amendment, and it was adopted last time. It was held on Second Reading pending a fiscal note."
"Floor Amendment #1 was adopted previously."
"Mr. Clerk, has a fiscal note been filed?" 61 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 140th Legislative Day
"A fiscal note is now filed."
"The Bill shall be placed on the Order of Third Reading. Mr. Curran, you have a House Bill 429 on the Order of Second Reading? Do you wish to move the Bill? On the Order of Government Operations, Second Reading, there appears House Bill 2573, Mr. Balanoff. Take it out of the record. House Bill 2666, Mr. Levin. Is Mr. Levin in the chamber? House Bill 2697, Mr. Edley. Mr. Edley? Mr. Edley. Mr. Edley. Mr. Phelan, could you get Mr. Edley's attention? House Bill 2697? Do you wish to move the Bill? Okay, Mr. Clerk, read the Bill."
"House Bill 2697, a Bill for an Act to amend the State Prompt Payment Act. Second Reading of the Bill. Amendments #1, 2 and 3, were adopted in committee."
"Are there any Motions?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #4, offered by Representative Edley."
"Mr. Edley."
"Mr. Speaker, take the Bill out of the record please. will you."
"Take the Bill out of the record. Mr. Edley, the next Bill is sponsored by you it's 2714. Take that out of the record. House Bill 2889, Mr. Matijevich. Mr. Clerk, read the Bill."
"House Bill 2889, a Bill for an Act to amend the Illinois Lottery Law. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"No Floor Amendments."
"There's request for a fiscal note, Mr. 62 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 Matijevich? Has the note been filed?"
"The note is not filed."
"The Bill shall remain on the Order of Second Reading. House Bill 2902, Mr. Matijevich. Mr. Clerk, read the Bill."
"House Bill 2902, a Bill for an Act to amend the Illinois Lottery Law. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Mr. Matijevich there is a request for a fiscal note. The Bill shall remain on the Order of Second Reading. House Bill 2924, Mr. Matijevich. That shall be taken out of the record. House Bill 3032, Mr. LeFlore. Mr. LeFlore. Mr. Clerk, read the Bill."
"House Bill 3032, a Bill for an Act to amend certain Acts in relation to purchase certain goods by the State of Illinois. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Are there any Motions?"
"No Motions filed. No Floor Amendments."
"Third Reading. House Bill 3254, Representative Satterthwaite. Mr. Clerk, read the Bill."
"House Bill 3254, a Bill for an Act to amend certain Acts in relation to state employment. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"No Floor Amendments."
"There's a request for a fiscal note. Has the note been filed?"
"The note has not been filed."
"The Bill shall remain on the Order of Second 63 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day Reading. House Bill 3479, Mr. Hicks. It's concerned with May 12, 1992 (House Bill) 3479. governmental efficiency. Read the Bill."
"House Bill 3479, a Bill for an Act concerning governmental efficiency. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"No Floor Amendments."
"There was a request for a fiscal note. Has the note been filed?"
"The note has not been filed."
"The Bill shall rremain on the Order of Second Reading. House Bill 3587, Mr. Curran. Move the Bill. Read the Bill."
"House Bill 3587. A Bill for an Act to amend the State Prompt Payment Act. Second Reading of the Bill. Amendment #las adopted in committee."
"Are there any Motions?"
"No Motions filed."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 3694, Mr. Leitch. Take the Bill out of the record. House Bill 3775, Wyvetter Younge. Is Wyvetter Younge in the chamber? House Bill 3779, Mr. Jay Hoffman. Is Mr. Jay Hoffman in the chamber? House Bill 3813, Mr. Brunsvold. Mr. Brunsvold? Mr. Clerk, read the Bill."
"House Bill 3813, a Bill for an Act to revise the Uniform Commercial Code. Second Reading of the Bill."
"Are there any Motions?"
"No Committee or Floor Amendments."
"Third Reading. House Bill 3845, Mr. Hensel. 64 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day Mr. Clerk, read the Bill."
"House Bill 3845."
May 12, 1992 "Take the Bill out of the record. House Bill 3946, Mr. Granberg. (House Bill) 3946, Purchasing Act. Take it out of the record. House Bill 3962, Mr. Black. Out of the record. House Bill 4005, Mr. Balanoff. Mr. Clerk, read the Bill."
"House Bill 4005, a Bill for an Act to amend the Illinois Lottery Law. Committee Amendments."
Second Reading of the Bill. No "Mr. Balanoff, there is a request for a fiscal note which has not been filed. The Bill shall be kept on Second Reading. House Bill 4006, Mr. Balanoff. Oh, take it out of the record. House Bill 4160, Mr. Santiago. Mr. Clerk, read the Bill."
"House Bill 4160, a Bill for an Act in relation to state employment. Second Reading of the Bill. This Bill has been read a second time previously and is being held for a fiscal note request."
"Has the fiscal note been filed?"
"The fiscal note is not filed."
"Mr. Santiago."
"Mr. Speaker, I requested a fiscal note 10 days ago on this Bill and the next Bill that I'm going to call. think that CMS is dragging their feet. It is dilatory and I I wish to move my Bill, so I move that the request is inapplicable."
"The Gentleman has moved that the request for a fiscal note does not apply. On that question, those in favor signify by voting 'aye', those opposed by voting 'no'. The requirement here is a majority of those voting. Have all voted who wish? Have all voted who wish? Have 65 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 all voted who wish? The Clerk shall take the record. On this question there are 70 'ayes' and 40 'noes' and the Motion is adopted. Mr. Clerk, anything further?"
"No Floor Amendments."
"The Bill shall be placed on the Order of Third Reading. House Bill 4162, Mr. Santiago. Mr. Clerk, read the Bill."
"House Bill 4162. This Bill has been read a second time previously and is being held for a fiscal note request."
"Mr. Santiago."
"Same request, Mr. Speaker."
"The Gentleman moves that the request for a fiscal note does not apply. Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Mr. Black."
"Thank you very much, Mr. Speaker. Certainly he's going to have the votes to prevail, but I think we're setting a precedent here. I have no doubt that the Gentleman asked for a fiscal note, but, in all honesty, we usually end up with a copy of the note and of the Representative's request for that note to be filed, or that request to be answered. In the absence of such letters, I think we should be very careful when we rule these notes, 'not applicable'. I don't doubt the Gentleman's integrity, but we have no record that he's ever asked the agency for such a note. If he could share that with us, then we'd be glad to join in his request."
"Have all voted who wish? The Clerk shall take the record. On this question there are 65 'ayes', 44 'noes'. The Motion is adopted. Mr. Clerk, anything further?" 66 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"No Floor Amendments."
May 12, 1992 "Third Reading. On the Order of Education Finance, Second Reading, there appears House Bill 695, by Mr. Hicks. Mr. Hicks, 695. Out of the record. Mr. Hicks, House Bill 809. Out of the record. House Bill 3249. Out of the record. House Bill 3799, Representative Satterthwaite. Mr. Clerk, read the Bill."
"House Bill 3799, a Bill for an Act in relation to educational finance. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Granberg."
"Mr. Granberg on Amendment #1. Mr. Granberg? Amendment #1."
"Mr. Speaker, could we withdraw Amendment #1 and proceed to Amendment #2, please?"
"Withdraw Amendment I and then on Amendment #1 Mr. Granberg, Amendment #2."
Mr. Granberg. Granberg: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #2 eliminates the flat grant program for the state...school aid formula for the State Board of Education. It would adversely impact those areas that have the flat grant program; it would eliminate approximately 70 million dollars which would be redistributed to other portions of the state, and I would move for its adoption."
"Mr. Granberg moves for the adoption of the Amendment. On that question, the Chair recognizes Representative Satterthwaite."
"Mr. Speaker and Members of the House, regardless of the content of the Gentleman's Amendment, this Bill, House Bill 3799, was introduced to be a vehicle for the 67 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 proposal that will come out of the State Finance Task Force. That Amendment that I planned to put on the Bill is not yet ready. I would prefer to have the Bill just as a vehicle at this point to preserve it for that original purpose. However, the Gentleman has the right to bring his Amendment to our attention and I would simply vote' present' on that Amendment and let the Members decide what they want to do on the issue in the Amendment."
"On the Amendment, Mr. Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, when you talk about these 71 flat rent districts, these would be, I assume, the 71 wealthiest districts in the state, would they not?"
"Yes, Representative."
"How much money did you say would be saved by eliminating them from the flat grant formula?"
"Representative Black, it is my understanding approximately 70 million dollars would be saved by the elimination of this program."
"All right, does your Amendment say where that money goes? Does it become just a savings put back in a GRF or put into the existing formula?"
"Representative, it's also my understanding that when you talk about elimination, this would roll that money over, those dollars over, into the school aid formula, which would help districts like yours."
"I commend you for trying to help my school districts."
"I'm always thinking about you, Representative."
"And I certainly appreciate that and it appears to be a rather good Amendment to me. Thank you." 68 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992
"Mr. McNamara."
"Thank you, Mr. Speaker. One of the problems that we have with the elimination of the flat grants is it is the expressed intent of this Amendment to either kill Representative Satterthwaite's Bill or to possibly eliminate some of the funding from some of the schools so that they can be teetered into other districts. By feeding it into the school aid formula, do not fool yourselves, all of the suburban districts will lose the only amount of state aid that they can possibly get for schools. What was really happening on this institution, it's a way of again trying to get as much of a part of a pie for one specific area when some of those school districts already are receiving twice the amount of money that other districts are. It is extremely important that we defeat this Amendment and continue on with the program and allow the task force to do there job they have to come up with a new school aid formula. That's really the culprit. Doing it piecemeal will not work."
"Mr. Weaver."
"Thank you very much, Mr. Speaker. Ladies and Gentlemen of the House, I rise in support of this Amendment, not necessarily because of the financial impact it will have on downstate school districts, but because of the idea it represents. The previous speaker just addressed the need for the very rich districts to have flat grants, but let me tell you, in a district that is already spending $12,000 per student, $200 more is peanuts. It means nothing to them. They'd just as soon do away with the mandates as they would this flat grant. I think it's a step in the right direction, not only in terms of fairness, but to put the emphasis where we need it and that's on the formula 69 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 itself. I think it's a great Amendment and, I wish I would have thought of it myself."
"Mr. Steczo."
"Thank you, Mr. Speaker, Members of the House. I think the key word, the key word in this debate thus far, is 'fairness'. The fact is we recognized as a General Assembly a long, long time ago in fact, that people from all over the state pay their income taxes part of the income taxes go under the state aid formula and come back to to to those districts. Many years ago, we also realized that because of the way the school aid formula works, that some districts probably were not going to get anything back at all, so as a gesture to them, we decided develop flat grants, alternate grants, SO at least from the state of Illinois point of view, those districts, which we may consider to be wealthy but who get 7% or less of their money from the state, at least have something from us thank them for the financial support that they give schools in the rest of the state. On the other hand, on the other hand, there are many school districts in this state, needy or not, that get far more than any constitutional goal that we have from the state in terms of their school funding. There are districts downstate that receive 55, 60, 65 and 70% of their funding from our state general...from our general state aid formula. I f you want to talk about fairness, notwithstanding the fact that we need a new state aid formula desperately, we are going to say, 'Flat grant people we're going to disallow those flat grants from you', to be fair, we should cap the amount of money that downstate districts get to no more than 51% of their This is if operating costs. That would be fair. discriminatory; this is a bad Amendment and should be 70 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day defeated."
"Representative Cowlishaw?"
"Thank you very much, Mr. Speaker. May 12, 1992 First, Mr. Speaker, if I may please, I would like to ask for a recorded Roll Call Vote on this Amendment and I would like to inquire, please, if I might have the opportunity to ask for a verification if the Amendment appears to fail, and I would like to know if I might ask the Sponsor of the Amendment a question."
"The Sponsor yields."
"Thank you very much. Representative Granberg, did you intend, perhaps, to come along with a third Amendment that said that since we would no longer...there would no longer be any flat grants, there would then be school districts in Illinois that receive not one single penny from the State of Illinois for the support of their local schools? Did you intend to exempt those school districts then from the state mandates?"
"Representative Cowlishaw, I'm just discussing in terms of equity and in terms of school districts that cannot afford to spend any money on their school children and because of our Constitution, we feel that every school child, every child, should have the right to the same quality of education. In our poorer school districts, in a lot of these school districts, we don't have the luxury of having a nuclear power plant, we don't have the luxury these factories, SO we have to look to equity, and we're looking to like the State of Massachusetts did, taking those districts that have that maximum property tax and redistributing that to the poorer school districts." of
"Yes, Representative Granberg, I understand all that, but that does not answer my question. The question was, 71 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 'Is it your intention that if we have school districts that receive no money whatsoever, from the State of Illinois, that those districts should be exempt from the mandates?"
"Representative..."
"The answer is either 'yes' or 'no'."
"Not necessarily. Representative, there is no Amendments, but I think Representative Steczo and others are looking at the whole mandates issue and I look forward to hearing what they recommend."
"Thank you, Mr. Speaker and thank you, Representative Granberg. To the Amendment, I agree with the comments made by Representative Steczo earlier, but most of all I think that this Amendment, although it may be something that we may eventually want to adopt, I think it is premature. The Task Force on School Finance just met this morning from 9 a.m. to noon. This is one of the issues that was discussed by the task force, which this General Assembly agreed to help to create and which has got the obligation to bring to us suggestions about just such issues as whether we ought to continue to have flat grant districts, so I think this is premature and I think that it is probably not a good idea to do any more tinkering with anything having to do with school funding until the Task Force on School Finance has made its recommendations. Therefore, I would suggest a 'no' vote on the Amendment."
"The question is on the Amendment. Those in favor of the Amendment vote 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Frederick? Have all voted who wish? The Clerk shall take the record. On this question, there are 41 'ayes' and 57 'noes', and Mr. Laurino seeks recognition. Record Mr. Laurino as 'aye'. 72 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day Record Mr. Rice as 'aye'. May 12, 1992 Record Mr. Santiago 'aye'. Record Mr. Preston as 'aye'. Record Mr. Morrow as 'aye'. Record Mr. Turner as 'aye'. Record Mr. Burke as 'aye'. Record Mr. Phelan 'aye'. Record Representative Flowers 'aye'. Record Mr. Williams, 'aye'. Record Representative Trotter as 'aye'. Record Mr. Balanoff as 'aye'. Record Representative Monique Davis as 'aye'. Record Mr. Homer as 'aye'. Record Representative Shirley Jones as 'aye'. Record Mr. Rotello as 'aye'. Record Representative Stepan, 'aye'. Record Mr. Martinez as 'aye'. Record Mr. Bugielski as 'aye'. Record Mr. Farley 'aye'. Record Mr. Burzynski as 'aye'. Mr. Ropp, 'aye'. Mr. DeJaegher 'aye'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 64 'ayes' and 44 'noes', and I believe that Representative Cowlishaw requested a verification. Representative Cowlishaw."
"Thank you, Mr. Speaker. Considering the disparity in the voting, I think it would just be a waste of the House time to seek a verification, so I withdraw that request, but thank you, Mr. Speaker."
"Thank you. Are there any further Amendments? The Amendment is adopted. Are there any further Amendments?"
"Floor Amendment #3, offered by Representative McNamara."
"Mr. McNamara, on Amendment #3."
"Thank you, Mr. Speaker. What Amendment #3 does is make it even fairer for all of the people in Cook County, DuPage County, many of the people throughout this state who do not get 50% of the funding for their schools. We think that perhaps it is very fair that all of those people who do not get the 50%, which includes Chicago, that those that 73 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 get 50% or more should give that money back above 51%, they should give that back to the school aid formula to redistribute it in the formula, so that everyone in the state can be treated fairly. We do know that there are only approximately 40% of the schools that get over the 51%, so in order to be totally fair about this, I'll urge for the approval of this Amendment."
"The Gentleman moves for the adoption of the Amendment. On that question, the Chair recognizes Mr. Black."
"Yes, thank you very much, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, in your Amendment, how do you define 'total cost'?"
"The intent of the Amendment is that the total cost of the educational funding. I don't have a copy of it in front of me."
"Yes, I don't think that's clear in the Amendment and quite frankly, if you want to go 51% of the total cost of the school budget I have no objection to that, but I don't think that's what you want. I would suggest that your Amendment is not properly drawn and will not really do to the poor downstate school districts, which I try so ably to represent, it will not do to them what you think it will do to them. We could probably live with this as it is written."
"I don't think that that is correct. I think that, seeing that you had voted on the previous issue, which would skew the money in a different area, and the poor suburban school districts that just happen to have a high assessed valuation for land and can't possibly give the 74 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 amount of education that your poorer districts downstate does, yes, I believe this Amendment does precisely what it's supposed to be doing and I think it's just in the area of fairness, it is only fair to make it throughout the state."
"Oh, okay, thank you very much. Mr. Speaker, Ladies and Gentleman of the House, to the Amendment. Nowhere in this Amendment do I find any language that says educational fund, or funds, or any combination thereof. It simply says 51% of the total costs incurred by the district. This Amendment may very well encourage certain poor downstate and Chicago districts to increase their costs, and I don't think the Amendment will do what the Gentleman wants to do. I guess you'll just have to vote your conscience."
"Representative Satterthwaite."
"Mr. Speaker and Members of the House, as I explained earlier, the Bill is meant to be a vehicle for the product of the School Finance Task Force. The Gentleman's Amendment, I believe acts counter to what our requirement is by the courts: To try to help those school districts with the least amount of resources to come up some floor of acceptability for an adequate education for to each of the children in each of the school districts. I believe that if this Bill, this Amendment, were to become law, it would, in fact, be struck down by the courts as being counter to what we try to do with our resource equalizer formula, and I would recommend a 'no' vote on the Gentleman's Motion."
"Representative Cowlishaw."
"Thank you very much, Mr. Speaker. I have the greatest respect for the Sponsor of this Amendment and, generally, would be very reluctant to oppose anything that 75 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 he...that he wanted to offer to us. However, for the same reasons that Representative Steczo and I tried to point out, on the prior Amendment, the Task Force on School Finance is still trying to come forward with recommendations that would look at all of the school funding issues as one large issue that really needs to be addressed. To tinker with things like this doesn't really address that major overall issue, and I think we really ought to wait until the task force recommendations have been received and for that reason and that reason only, I stand in opposition to this Amendment."
"Mr. Weaver."
"Thank you very much, Mr. Speaker. Will the Sponsor yield, please?"
"The Sponsor yields."
"Representative McNamara, in your Amendment, I'm trying to understand the intent here, your intent is to prohibit any school district from getting more than 51% of their total cost through the formula. Is that correct?
"No, my intent of this Amendment is to point out how ludicrous the previous Amendment was. The fact is..."
"Well, you could have said that in debate."
"The fact is that when you try to grab a group in this General Assembly and you say you can build 61 votes and because of that you will deprive children in this state of the money that is required that this state put into 'em that's ludicrous, and this Amendment is trying to show how stupid, how obnoxious, the theory is that 61 people can come along and deprive money from other people in this state and deprive children from the education that they should have. That's what's wrong. I had no intention of continuing with this Amendment had the other one not 76 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 passed, but we showed ourselves here: what the power of this House can be when it is wired as to how you can screw this one or that one for your own personal viewpoint. That is wrong. That's obnoxious. That's the reason this Amendment is here, and I urge that if we're going to do anything, we put this Amendment on for one simple reason: to show that we either take both of them off and pass the Bill the way it was going to, but not to try to screw somebody else. That's not what we're elected for. I hope that answers your question."
"Well, that was a great answer, but it wasn't really to the question I asked. Mr. Speaker, to the Bill, to the Amendment, the Gentleman, by his own admission, has just indicated that this Amendment is ludicrous, it's stupid, and it does everything to undo what the previous Amendment does, and I, for one, don't believe that two wrongs make a right. And nor do two stupids make anything smart. I think what we need to do is take a look at this Amendment on its own face, which basically says any school district that gives more than 51% of its money to the formula, that money will be taken away, and, I assume, put back to the formula. It's drafted incorrectly. It's the wrong idea, and by the Sponsor's own admission, it's a stupid idea. It ought to be voted down."
"The question is, 'Shall the Amendment be adopted?' Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 56 'ayes', and 49 'noes'. The Amendment is adopted. Are there any further 77 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day Amendments?"
"No further Amendments."
"Third Reading. May 12, 1992 On the Order of Constitutional House Bill 3020, Representative Barnes? Officers, Second Reading, there appears Mr. Barnes. Representative Barnes? Barnes. Mr. Clerk, read the Bill."
"House Bill 3020, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative Barnes,"
"Wish to table Amendment #1 because of its flawness. Withdraw."
"Mr. Clerk, was Amendment #1 adopted in committee?"
"No. It was a Floor Amendment."
"All right, Amendment #1 shall be withdrawn, and the Lady moves for the adoption of Amendment #2. Is there any discussion on Amendment #2? Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 3310, Mr. Hicks. Mr. Hicks. House Bill 3310, Vehicle Codes, special mayor's plates. Mr. Clerk, read the Bill."
"House Bill 3310, a Bill for an Act in relation to special plates. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill 3445, Representative Currie. Representative Currie. House Bill 3741, Mr. McGann. Mr. Clerk, read the Bill." 78 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992
"House Bill 3741, a Bill for an Act to create the State Bond Board. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative McGann."
"Mr. McGann."
"Yes, thank you, Mr. Speaker, Members of the Assembly. Amendment #1 to House Bill 3741 creates a shell Bill. The reason for this shell Bill is we've been working with the Governor's Office relative to the state bonding. The Bill originally proposed to have a State Bond Board, with the Governor, and the Treasurer and the Comptroller, but in the aftermath, I told the committee I'd work with those concerned about this creation. It's the feeling of the Governor's Office that we should work a little bit better on it and try to come up with a program that's going to be beneficial in knowing exactly where all the bonding is at, and what the terms and so forth are concerned. So it is the intention to send this Bill as a shell Bill over to the Senate. Hopefully, by the time it will be called over there, that we will have worked out a program that will be acceptable to both Houses. So I'd ask your support of Amendment #1."
"The Gentleman has moved for the adoption of Amendment #1. There being no discussion on that question, those in favor of the Amendment say 'aye', those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"Floor Amendment #2, offered by Representative Hasara."
"Representative Hasara. Withdraw the Amendment. 79 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day Are there any further Amendments?"
"No further Amendments." May 12, 1992
"Third Reading. Mr. McGann, I'm advised that there is a request for a fiscal note on the Bill. Mr. Clerk, has the note been filed?"
"The note has not been filed."
"The Bill shall be placed on the Order of Second Reading. For what purpose does Mr. McGann seek recognition?"
"I don't believe that the fiscal note is explicable (sic applicable) to this shell Bill, and I would ask the maker of the request to withdraw it."
"Mr. McGann, the request for a fiscal note has been withdrawn. The Bill shall be placed on the Order of Third Reading. House Bill 4119 shall be taken out of the record. And now on the Order of Government Operations, Second Reading, there appears House Bill 4005, by Mr. Balanoff. Mr. Clerk, House Bill 4005. I believe that the fiscal note has now been filed?"
"The Bill has been read a second time previously, and the fiscal note is filed."
"Place the Bill on the Order of Third Reading. House Bill 4006, by Mr. Balanoff. Again, I believe that the fiscal note has been filed."
"We haven't read the Bill yet."
"Okay, Mr. Clerk, on House Bill 4006, read the Bill."
"House Bill 4006, a Bill for an Act to amend the Illinois Lottery Law. Second Reading of the Bill. No Committee or Floor Amendments."
"And the fiscal note has been filed?"
"The fiscal note is filed." 80 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"The Bill shall be placed on the Order of Third Reading. On the Order of...On the Order of Municipal County and Conservation, Second Reading, there appears House Bill 2812, by Mr. Homer. The Chair recognizes Mr. Homer."
"Mr. Speaker, I would ask...".
"Mr. Homer."
"Is that Bill presently on Second Reading?"
"Mr. Clerk, what is the status of this Bill?"
"The Bill was read a second time previously today and moved to Third Reading."
"Your, Mr. Speaker, I would ask leave to return the Bill to the order of Second Reading for the purpose of an Amendment."
"The Bill shall be placed on the Order of Second Reading."
"I would ask at this time leave of the Body to table Amendment #2, which was adopted previously."
"Leave is granted. Using the Attendance Roll Call. The Amendment shall be tabled. Are there any further Amendments? Mr. Homer."
"Thank you, Mr. Speaker. I would now move that the House adopt House Amendment #1. Let me just, let me briefly explain if I may. Okay, the board reflects...My Motion is to adopt House Amendment #1, Mr. Clerk. Very briefly, Mr. Speaker, the...I would like to explain the reason for this House Amendment. A year ago, Cook County Board came before us and asked to increase the filing fees in certain court matters. Before the Bill went through the entire process, however, there was an Amendment added that also increased substantially, doubled in many cases, the court fees for all counties in excess of 180,000 population. One of the 81 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 counties that I represent, Peoria County, has a population of approximately 182,000. They were neither aware of, nor in support of, the Bill that passed last year. Nor were, I would submit, any of the Legislators aware that Peoria County had been included by the effect of that Amendment. As a consequence of the Governor signing that Bill, filing fees for litigants in Peoria County, in many cases, doubled while counties in the same circuit, including Tazewell County just across the river, of almost the same population, remained in the lower fee category. There were those who said that that was unfair and that the higher fees would deny access to the courts, of those without funds to file the fees. And, because of the fact that there had been no hearing on this matter, I had introduced this legislation that originally make permissive the lowering of the fees in Peoria County. Since I filed that Bill it has been brought to my attention that members of the county board had indicated that they would not even give hearing to considerations for lowering the fees. Since that time, however, since the adoption of Amendment #2, I have had conversations with county officials who have assured me that, in fact, if this Bill is made permissive that a full hearing by that board will be afforded those who object to the dramatic increases in fees imposed last year. Therefore, Mr. Speaker, I have tabled the mandatory Amendment #2 and would instead offer Floor Amendment #1, which is permissive that if adopted, would say that in Peoria County, only, that the county board would have authority and jurisdiction to lower any fees that were raised last year by virtue of that fee increase Bill. And so, I would move...I would answer any questions, but I would urge the adoption of Amendment #1 to House Bill 82 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day 2812." May 12, 1992
"The Gentleman moves for the adoption of the Amendment, and the Chair recognizes Mr. Wennlund."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Yes, Representative Homer, what counties will be affected? The Amendment describes any county that is bordered by the Illinois River. What counties other than just...I understand your intent..."
"If there is only one county in the state affected, that would be Peoria County. It's the only county with a population over 180,000 that borders the Illinois River."
"And this Amendment, then, would permit the County Board of Peoria County to adopt a lower fee schedule than surrounding counties?"
"Throughout, yes, for court filing fees in Peoria County this would be permissive and give the county board the authorization to lower the fees."
"And it affects no other county in the state?"
"That's correct."
"Thank you very much."
"On the Amendment, the Chair recognizes Mr. Leitch."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I, too, would like to rise in support of the Gentleman's Amendment. I had a Bill which would have done the same thing, only it would have permitted all of, all the counties to set their own fees. I think they ought to be able to set their own fees, but that apparently is not going to make it. This is the next best thing, and I commend the Gentleman for his Bill and for his Amendment and would urge Members on our side to support it." 83 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992
"Those in favor of the Amendment say 'aye', those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. On the Order of State Budget, Second Reading, there appears House Bill 2833, Mr. McPike. Mr. Clerk, read the Bill."
"House Bill 2833, a Bill for an Act to amend the Build Illinois Bond Act. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill 2834, Mr. McPike. Mr. Clerk, read the Bill."
"House Bill 2834, a Bill for an Act to amend the General Obligation Bond Act. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. On the Order of Elections, Second Reading, there appears House Bill 3562, Representative Schakowsky. Representative Schakowsky, House Bill 3562. Election Code. Out of the record. House Bill 3564, Representative Stern. It's an Election Code Bill. Mr. Clerk, read the Bill."
"House Bill 3564, a Bill for an Act to amend the Election Code. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill 3565, Mr. Clerk, read the Bill."
"House Bill 3565,"
"Mr. Clerk, take this Bill out of the record. On the Order of Health Care, Second Reading, there appears House Bill 1516, Mr. Mautino. Mr. Clerk, read the Bill. Mr. Mautino? Out of the record. House Bill 2774, Mr. Anthony Young. (House Bill) 2774, Mr. Anthony Young. Take 84 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 this out of the record. House Bill 3160, Mr. Phelps. Mr. Phelps. House Bill 3160, rural health care. Mr. Clerk, read the Bill."
"House Bill 3160, a Bill for an Act to amend the Illinois Rural Downstate Health Act. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Mr. Phelps, on Amendment #1 is there a Motion?"
"No Motions filed. No Floor Amendments."
"Third Reading. House Bill 3164, Mr. Phelps. Mr. Clerk, read the Bill."
"House Bill 3164, a Bill for an Act to amend the Civil Administrative Code of Illinois. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative Phelps."
"I'm advised that the Amendment has not been printed. The Bill will be taken out of the record. House Bill 3638, Representative Stepan. Out of the record. House Bill 3651, Mr. Lang. Mr. Lang. Out of the record. House Bill 3687, Mr. Weller. Mr. Clerk, read the Bill."
"House Bill 3687, a Bill for an Act to establish and evaluate alternative health care delivery models in the state. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Is there a Motion?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, offered by Representative Weller and Ronan."
"Mr. Weller."
"Amendment #2, please." 85 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"Proceed, Mr. Weller." May 12, 1992
"I'd like to, I'd like to withdraw Amendment #2 and proceed with Amendment #3, Mr. Speaker."
"Withdraw Amendment #2, and on Amendment #3 the Chair recognizes Mr. Weller."
"Thank you, Mr. Speaker. Amendment #3 to this legislation adopts technical changes that were requested by the Department of Public Health and recommended, also, by the Acute Care Task Force, established by the Legislature this past year. It also adds another alternative health care delivery model, the...calling for sub-acute care to be tested as put one of the delivery models that is considered. I know of no opposition. The members of the Acute Care Task Force have seen the copy of the Amendment, and I would ask for its adoption."
"The Gentleman moves for the adoption of the Amendment. Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No Further Amendments.."
"Third Reading. House Bill 3748, Mr. White. Is Mr. White in the chamber? House Bill 3796, Mr. Phelps. Mr. Phelps. Mr. Clerk, read the Bill."
"House Bill 3796, a Bill for an Act to amend the Nursing Home Care Act. Second Reading of the Bill. No Committee Amendments or Floor Amendments."
"Third, Mr. Phelps. Okay, hold the Bill on Second Reading. House Bill 3818, Mr. Leitch. (House Bill) 3818, Public Health Fees. Out of the record. Take the Bill out of the record. House Bill 3854, Mr. Phelps. Mr. Phelps, 3854. Mr. Clerk, read the Bill."
"House Bill 3854, a Bill for an Act concerning 86 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 local board of health. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill 3884, Mr. Jay Hoffman. Is Mr. Jay Hoffman in the chamber? Out of the record. House Bill 3908, Mr. Ronan. The Chair recognizes Mr. Kulas. Mr. Clerk, read the Bill."
"House Bill 3908, a Bill for an Act to amend the Illinois Insurance Code. Second Reading of the Bill. Amendment #1 was adopted in committee."
"Is there a Motion?"
"No Motions filed. No Floor Amendments."
"Third Reading. House Bill 3965, Representative Davis. Monique Davis. Mr. Clerk, read the Bill."
"House Bill 3965, a Bill for an Act concerning treatment of substance abuse. Second Reading of the Bill. No Committee Amendments."
"I am advised that the Amendments have not been printed. So, the Bill will have to be taken out of the record. House Bill 4044, Mr. Matijevich. Is Mr. Matijevich in the chamber? House Bill 4057, Representative Davis. (House Bill) 4057, Public Health. Mr. Clerk, read the Bill."
"House Bill 4057, a Bill for an Act to amend the Civil Administrative Code of Illinois. Second Reading of the Bill. No Committee or Floor Amendments."
"Third Reading. House Bill 4163, Representative Parcells. Mr. Clerk, read the Bill."
"House Bill 4163, a Bill for an Act to provide for review of licensure of health care professionals and occupations. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?" 87 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992
"Floor Amendment #1, offered by Representative Parcells."
"Representative Parcells, Amendment #1."
"Thank you, Mr. Speaker. Ladies and Gentlemen, this is an Amendment that has been requested by the Christian Science Church. They'd like to have..".
"Representative Parcells, I am advised that the Amendment has not been printed, so the Bill will have to be...we'll take the Bill out of the record. Representative Satterthwaite, in the Chair."
"We will go to the Special Order of Agriculture and Environment, Third Reading. The Sponsors on the early part of that list are Representatives Giorgi, Hasara, Stern, Kulas, et cetera. Representative Giorgi on, House Bill 3154. On Agriculture and Environment, Third Reading. Do you wish to have the Bill called on Third Reading? (House Bill) 3154. Out of the record. Representative Hasara. on House Bill 3351. Do you wish to have the Bill called on Third Reading? Mr. Clerk, read the Bill."
"House Bill 3351, a Bill for an Act to amend the Environmental Protection Act. Third Reading of the Bill."
"Representative Hasara."
"Thank you, Madam Speaker. House Bill 3351 amends the EP...the Environmental Protection Act, that requires that a compost facility that's developed or expanded from this time forward must be at least one-half mile from the nearest property zoned for residential uses. I move for its adoption."
"Is there any discussion? Seeing no one seeking recognition, the question is, 'Shall House Bill 3351 pass?' All in favor vote 'aye', opposed vote 'no'. 88 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 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 issue, there are 106 voting 'aye', none voting 'no', 3 voting 'present'. The Bill, having received the required Constitutional majority, is hereby declared passed. Representative Stern, on House Bill 3380. Mr. Clerk, can you add Representative Shirley Jones to the last role call as voting 'aye'? Let's note that in the record for Representative Shirley Jones. Representative Stern, on House Bill 3380. Mr. Clerk, read the Bill."
"House Bill 3380, a Bill for an Act to amend the Environmental Protection Act. Third Reading of the Bill."
"Representative Stern."
"Madam Speaker and Members of the House, this is a Bill requested by Lake County which amends the Township Law and prohibits persons from participating in a...wait a minute, I'm reading the wrong one, excuse me. Hold everything. Don't panic. I've got it right here. Okay, here we are. House Bill 3380, folks, amends the Environmental Protection Act to authorize waste water treatment facilities owned or operated by a unit of local government to accept septic system sludge from residents of the unit of local government, or residents of the county who are not now served by a waste water treatment facility. This was requested by Lake County. It has no opponents that I know of, and I'll be happy to answer questions if there are any."
"This Bill is on Short Debate. Does anyone stand in opposition to the Bill on Short Debate? Representative Klemm."
"Yes, I'd like to ask the Sponsor a question, if I may."
"Certainly." 89 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
May 12, 1992 "Representative, last year we had passed a Bill that did something like you said. The municipalities were very upset about that. It was vetoed by the Governor, but the concern was, it sounds...the description you gave me was that it's a voluntary program and that the municipalities can, on their own initiative, accept the septic pumping. Is that what this does on their own?"
"I don't want to mislead you, Mr. Klemm. Let me look a minute."
"Well, the concern the municipalities had was that there was no fees or anything, and they were obviously..."
"The Bill authorizes a unit of local government to establish and charge fees for the acceptance, handling, treatment and disposal of the sludge, including an annual fee for each private residential septic tank in the service area to defray any additional capital costs incurred to comply with this requirement."
"How does the municipality determine a service area, and charge a person who lives in the county a fee for septic pumping where the home owner doesn't even know where that pumper is taking the sludge?"
"I would like to pretend I knew the answer to your question, Sir, but I do not."
"Do you understand what I'm saying? You said that the municipality has a right to charge the resident a fee. Now that's...Why should a municipality go out in the county, in the boondocks, and charge them a fee for septic pumping when home owners say, 'Well, where did you come from? Why should I pay this municipality a fee? I'm paying a charge to the pumper. You know, the septic pumping guy,' and I was wondering, within a service area. So I have concerns about what is a service area? Who determines the service 90 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 area? Does the city arbitrarily take a service area of five or six townships and then say we will charge them a fee? I am concerned about what it does to those who live in the county."
"Madam Speaker, I think I should take this out of the record until I can get an answer to the Gentleman's question. But if I may add one more thing, Mr. Klemm, our analysis also says that this is similar to a Bill introduced in 1991, which passed both the House and the Senate, but which received the total veto. So, it's probably very similar to the Bill you referred to, but I will take it out of the record for the moment, Madam Chairman."
"The Lady requests that the Bill be taken out of the record. Representative Kulas, on House Bill 3605. Representative Kulas. Out of the record. Representative Kulas on House Bill 4025. Out of the record. Representative Obrzut, on House Bill 4027. Out of the record. Page 41 of your Calendar, the Consent Calendar, Third Reading, Second Day. Mr. Clerk, read the Bills."
"House Bill 2882, a Bill for an Act to amend the County Jail Good Behavior Allowance Act. Third Reading of the Bill. House Bill 3089, a Bill for an Act to amend the Unified Code of Corrections. Third Reading of the Bill. House Bill 3139, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of the Bill. House Bill 3184, a Bill for an Act to amend the Unified Code of Corrections. Third Reading of the Bill. House Bill 3331, a Bill for an Act concerning Dissolution of Marriage Act. Third Reading of the Bill. House Bill 3513, a Bill for an Act relating to alcohol, drug abuse and dependency. Third Reading of 91 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 the Bill. House Bill 3555, a Bill for an Act relating to tutorial and pilot programs of institutions of higher education. Third Reading of the Bill. House Bill 3848, a Bill for an Act to amend the Criminal Code of 1961. Third Reading of the Bill. House Bill 3904, a Bill for an Act in relation to professional athletes and drugs. Third Reading of the Bill. House Bill 3921, a Bill for an Act relating to imposition and disposition of fines for child pornography. Third Reading of the Bill. House Bill 4196, a Bill for an Act to amend the Private Business and Vocational Schools Act. Third Reading of these Bills."
"Mr. Clerk, I understand that earlier, House Bill 3230 had been included with that list and there was a request to remove it from the Consent Calendar. There is now a request that that objection be removed. Are we in a status where we can put that Bill back on? (House Bill) 3230. With leave of the Body, we would like to return House Bill 3230, which had originally been on this Consent Calendar. There had been a request to remove it from Consent Calendar and that request has now been negated. Representative Black, did you wish to speak to this point? Seeing no objection, the question is, 'Is there leave to return House Bill 3230 to the Consent Calendar, Third Reading, Second Day?' Seeing no objection, leave is granted. It appears that there is an objection to having House Bill 3230 returned to the Consent Calendar. There was a second request that it be knocked off the Consent Calendar, and so it has been removed from the Consent Calendar. You see the listing of the numbers of Bills on the Consent Calendar. The question is, 'Shall these Bills pass?' All in favor vote 'aye', opposed vote 'no'. Voting is open. Have all voted who wish? Have all 92 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting 'aye', none voting 'no', none voting 'present'. The Bills, having received the required Constitutional Majority, are hereby declared passed. On the Special Order of Human Services, Third Reading. The following Sponsors are on the early part of the list. It will help us to move things expeditiously if the Sponsors are here and ready to have their Bills called. LeFlore, Granberg, Keane, Trotter, DeJaegher and others. The first Bill on Human Services, Third Reading, is House Bill 2994, Representative LeFlore. Out of the record. Representative Granberg, on House Bill 3047. Do you wish to have this Bill called, Representative Granberg? Out of the record. Representative Keane, on House Bill 3149. Representative Keane? Representative Keane, do you wish to call House Bill 3149? Mr. Clerk, read the Bill."
"House Bill 3149, a Bill for an Act to amend the Illinois Public Aid Code. Third Reading of the Bill."
"Representative Keane."
"Thank you, Madam Speaker. This Bill is an initiative of the Illinois Health Care Association and other groups that relate to the intermediate care facilities for the developmentally disabled. What it is is it's one option of being evaluated in regard to the overall approach for replacement tax for the Medicaid provider fee system. Director Kempaners, or Mr. Kempaners, who is the head of that association, has been working with the staff and with the Governor's Office, and we want to move this Bill over to the Senate. I'd be happy to answer any questions. Ask for a favorable Roll Call."
"Representative Black." 93 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"Thank you very much, Madam Speaker. May 12, 1992 Will the Sponsor yield?"
"He indicates he will."
"Thank you. Representative, is it your intent to continue the negotiations and work on this Bill so that in effect the, hopefully if the assessment program works, it will have no negative fiscal impact on the State of Illinois?"
"That's correct."
"All right. Thank you very much."
"Is there further discussion? Representative Keane, to close."
"I ask for a favorable Roll Call."
"The question is, 'Shall House Bill 3149 pass?' All in favor vote 'aye', opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 114 voting 'aye', none voting 'no', none voting 'present'. The Bill, having received a Constitutional Majority, is hereby declared passed. Representative Trotter, on House Bill 3350. Out of the record. Representative DeJaegher, on House Bill 3373. Mr. Clerk, read the Bill."
"House Bill 3373, a Bill for an Act to amend the Respice Demonstration Program Act. Third Reading of the Bill."
"Representative DeJaegher."
"Madam Speaker, I would like to bring this Bill back to Second for purpose of an Amendment."
"The Gentleman asks leave to bring the Bill back to Second Reading for purposes of an Amendment. Is there leave? Representative Black?"
"The Gentleman has his Bill on Third Reading?" 94 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"Right. He's asking Black: back for purposes of an Amendment." May 12, 1992 leave to bring it "Until we can talk to him we don't know why he wants to bring it back. I would object to bringing it back to Second until we know why." Speaker Satterthwaite: that the "I understand, Representative DeJaegher, Amendment has not yet been printed and distributed. So, perhaps we should take the Bill out of the record at this time until the Amendment is printed and distributed."
"Fine."
"I understand that there has been a decision that we will not bring Bills back from Third Reading for purposes of further Amendments in this regular Order of Call. There will be a special time designated when we will bring Bills back from Third Reading for purposes of additional Amendments. And so, if there are other Members who are considering the action of bringing a Bill from Third Reading back to Second for purposes of an Amendment, don't plan to do that right now. Representative Currie, on House Bill 3394. Mr. Clerk, read the Bill."
"House Bill 3394, a Bill for an Act to amend the Illinois Public Aid Code. Third Reading of the Bill." "Representative Currie."
"Thank you, Madam Speaker and Members of the House. This Bill was introduced by Representative Ryder and myself at the behuest of the children's hospitals across the State of Illinois. The Bill in its current form makes no substantive changes in any of the language regarding assessments or Medicaid rates or any such thing. But, the children's hospitals are anxious that unless there is an overall resolution to some of those issues between now and 95 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 June 30, they may find themselves less able to treat seriously ill children who are currently covered by the State's Medicaid program. Representative Ryder and I would appreciate it if you would give your support to this Bill, so that we may move the measure to the Senate while discussions, negotiations and conversations between the administration and many provider groups continue."
"Representative Ryder."
"Thank you, Madam Speaker. Simply to confirm what the previous speaker has indicated. The Bill at present does not make substantive change. It is for the purpose of dealing with children's hospitals and the disproportionate share, but it does not do that now. We do not know what it may provide in the future, but at this stage we're simply moving it along in order to have the Bill available in the event some agreement takes place concerning Childrens Hospitals."
"Is there further discussion? Seeing no one seeking recognition, Representative Currie, to close."
"Closed."
"The question is, 'Shall House Bill 3394 pass?' All in favor vote 'aye', opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 113 voting 'aye', none voting 'no', none voting 'present'. The Bill having received the required Constitutional Majority, is hereby declared passed. Representative Turner, on House Bill 3395. Out of the record. Representative Schakowsky, on House Bill 3409. Out of the record. Representative Currie on House Bill 3609. Out of the record. Representative Granberg, on House Bill 3610. Representative Kurk 96 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 Granberg. Out of the record. Representative Daniels, on House Bill 3713. Out of the record. Representative Edley, on House Bill 3716. Mr. Clerk, read the Bill."
"House Bill 3716, a Bill for an Act to amend the Illinois Public Aid Code."
"Out of the record. Representative Giorgi on House Bill 3886. Representative Giorgi. Do you wish to have this Bill called on Third Reading? Mr. Clerk, read the Bill."
"House Bill 3886, a Bill for an Act to amend the Illinois Public Aid Code. Third Reading of the Bill."
"Representative Giorgi."
"Madam Speaker, this is the Bill that has to do with care in the home versus care in an institution. And what this Bill does... It's a special circumstance of a young severely disabled girl in the Rockford area, and related cases who have been covered by Medicaid for specialized Medicare at home. And what this Bill does is...What this Bill does is if a child incurs this kind of an illness or tragedy while they're adolescent, this will continue the care into adulthood and most of the people are aware of what's in this Bill, and I urge the support of the Bill."
"Representative Black."
"Thank you very much, Madam Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, it's my understanding that negotiations on this issue are still under way."
"I was just notified of that by one of your staffers, so I will take the Bill out of the record."
"Thank you."
"Representative Hultgren." 97 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
May 12, 1992 "Thank you, Madam Speaker. We're hearing Bills on final passage and, although that Bill was taken out of the record, I could not hear a single word that the Sponsor said in the explanation of his Bill. I suppose it's not relevant, since it's out of the record, but on the next Bill, these are final passage in the House, could we have at least a little order SO that we can hear what the Sponsor is saying as he describes the Bill."
"The Gentleman's point is well taken. House Bill 3886 will be taken out of the record, but there is a request for some order in the chamber while we are on Third Reading of the Bills. It is very difficult for Members to hear what others are saying unless we cut down the background noise. House Bill 3950, Representative Deering. Out of the record. House Bill 4056, Representative Davis. Representative Monique Davis? Do you wish to call House Bill 4056 on Third Reading? Mr. Clerk, read the Bill."
"House Bill 4056, a Bill for an Act to amend the AIDS Confidentiality Act. Third Reading of the Bill."
"Representative Davis."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. House Bill 4056 is a Bill that states that professionals in health care have to notify parents or guardians if they think it is helpful to the child, that the child has tested positive for HIV. If the child is not positive, there is no need for this notification. And this Bill also removes any civil liability or criminal sanctions for the doctor or the health care provider."
"Is there discussion? Representative Stern?"
"I assume my seatmate will defer to questions." 98 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"Well, excuse me. There should be Bill back to num..." May 12, 1992 a...May I pull this
"Representative Davis..."
"Yes."
"We indicated earlier that if there are Sponsors who have Bills on Third Reading that need to come back for Second Reading for further Amendment, there will be a special time designated for that to happen."
"This Bill should have Amendment #2 on it. Does it? Oh, it doesn't. Then out of the record."
"Mr. Clerk, would you tell us the status of any Amendments on House Bill 4056?"
"Amendment #1 has been adopted."
"Is there a Second Amendment? understand that there are two further Amendments." I
"Amendments #2 and 3 are on file."
"Representative, Amendment #1 has been adopted. There are two additional Amendments on file, on which no action has been taken."
"So we will take this Bill out of the record until the day in which you bring it back to Second, in order that I can add one of those Amendments."
"Thank you. The Bill is out of the record. On the Special Order of Children and Family Law, Third Reading, there appear a number of Sponsors. These are the early Sponsors on the list: Sieben, Stange, Preston, Parke. On Children and Family Law, Third Reading, appears House Bill 661, Representative Sieben. Out of the record. Representative Stange, on House Bill 1181. Out of the record. On 1182, Representative Stange. Out of the record. Representative Preston, on House Bill 2711. Out of the record. Representative Preston, on 2712. Out of 99 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 the record. Representative Stange, on House Bill 2751. Out of the record. Representative Parke, on House Bill 2770. Mr. Clerk, read the Bill."
"House Bill 2770, a Bill for an Act to amend the Illinois Parentage Act of 1984. Third Reading of the Bill."
"Representative Parke."
"Thank you, Madam Speaker and Ladies and Gentlemen of the House. House Bill 2770 amends the Parentage Act to include DNA as an accepted type of parenting test. It requires the inclusion of test results contained in the statement of combined paternity index. DNA testing for parentage is very reliable. In the case of inclusions results, DNA testing can be proved to be a very high combined paternity index, thus rebutting presumption that the alleged father is the father of the child. I ask for this worthwhile, long-overdue Bill to be passed."
"Representative Homer."
"...Could we ask the Sponsor to just momentarily take this Bill out of the record, with the assurance that we'll come right back to it? Madam Speaker, the Sponsor has agreed to take the Bill out of the record with the understanding that we will come back to it shortly."
"Out of the record. Representative Preston is not in the chamber. Representative Currie, on House Bill 3261. Representative Barbara Currie? Mr. Clerk, read the Bill."
"House Bill 3261, a Bill for an Act to amend the Illinois Marriage and Dissolution of Marriage Act. Third Reading of the Bill."
"Representative Currie. Representative Laurino, in the Chair." 100 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
May 12, 1992 "Thank you, Madam Speaker and Members of the House. This Bill as amended merely provides for notice when there is a petition for modification of a child custody arrangement. The Bill was amended, as I say, and that's all the Bill currently does, and I'd appreciate your support for the measure."
"Further discussion. Representative Wennlund."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, as amended, can you explain House what this Bill does?" to the
"Thank you, Representative. What it does is provide for notice if there is a proposal for a modification of a previous custody order. Amendment 1 becomes the Bill. you've got Amendment 1 in front of you, you will see that what the Bill would provide is that there is a 30-day notice before a hearing on a petition for modification of a child custody arrangement."
I f Wennlund: "Maybe we could have some order in here. I'm sorry, couldn't hear a word you said." I to
"Do you want me to tell you again? Look at Amendment 1, Representative. That becomes the Bill. Amendment 1, House Bill 3261. The proposal here becomes a proposal for a 30-day notice before a modification of a prior custody order would be entered by a court. That's in the situation when you're talking about a permanent custody change. This does not affect requests for temporary changes in custody." "Is this just designed prevent numerous or repetitious filing of petitions to change custody?"
"It probably would have that effect, Representative, Wennlund: to but the reason for the Bill is to make sure that there is proper notice when there is a request for modification. 101 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 The Bill has the support of the State Bar Association, the Task Force...the Coalition Against Domestic Violence. It was a recommendation of the Illinois Citizens Council on Women, the bipartisan group that is organized through this General Assembly."
"And it has the support of the Illinois State Bar Association? Did I hear that correctly?"
"It was, yes, the language was worked on quite extensively with the State Bar Association and they were...this was a proposal that by the end of the day came as much from them as it did from us."
"Very good. Thank you very much."
"Further questions. Seeing nobody seeking recognition, the question is, 'Shall House Bill 3261 pass?' All those in favor indicate by voting 'aye', opposed, 'nay'. Have all voted who wish? Have all voted who wish? Representative Santiago votes 'aye'. Have all voted who wish? Representative Persico votes 'aye'. Have all voted who wish? Take the record, Mr. Clerk. This Bill, having received 114 'ayes', 1 voting 'nay', none voting 'present', is hereby declared passed. House Bill 3266, Representative Matijevich. Out of the record. House Bill 3322, Representative Parcells. Is Representative Parcells on the House floor? Out of the record. House Bill 3342, Representative Currie. Out of the record. House Bill 3343, out of the record. House Bill 3480, Representative Preston. Representative Lee Preston. Is the Gentleman on the floor? Out of the record. House Bill 3481, Representative Preston. Out of the record. House Bill 3785, Representative Hoffman. Read the Bill, Mr. Clerk."
"House Bill 3785, a Bill for an Act to amend the Abused and Neglected Child Reporting Act. Third Reading of 102 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day the Bill."
"Representative Hoffman." May 12, 1992 Hoffman, J.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3785 would amend the Abused and Neglected Child Reporting Act and expands access to all records concern reports of child abuse and neglect to include probation officers or other authorized representatives of probation or court services department. This would address the concern where probation officers, in the carrying out of their duty or attempting to get information that is needed, to properly address the needs of an individual who is on probation. This is...It's my understanding that the Department of Children and Family Services does not have a problem with this, and this would allow and insure that probation officers can carry out their duty in a sufficient manner. I ask for an 'aye' vote."
"Any further discussion? Seeing none, the Gentleman asks for the passage of House Bill 3785. And on that question, all those voting in favor will indicate by voting 'aye', opposed will vote 'no'. The vote is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. Representative Wojcik, for what reason do you arise?"
"Yes, Mr. Speaker. For a point of personal privilege. I'd like to point out that up in the gallery we have the Schaumberg Bathel Baptist High School class, so..."
"This Bill, having received 114 'ayes', none voting 'nay', none voting 'present', is hereby declared passed. House Bill 4075, Representative John Dunn. John Dunn on the Floor? Out of the record. House Bill 4105, Representative Leitch. Read the Bill, Mr. Clerk." 103 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
May 12, 1992 "House Bill 4105, a Bill for an Act in relation to child support arrearages. Third Reading of the Bill."
"Mr. Leitch."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4105 simply permits the state to ask any newly hired state employees whether they are under a child support obligation, and, if so, whether they are current, and if not to take the appropriate steps to work toward making them current. It seems to be a very common sense Bill. I do not know of any opposition to it. It prevents the state from being in the position where its employees are not in compliance with the laws that they're intending to enforce, and I'd ask for your favorable support."
"Any discussion? Seeing none, the Gentleman asks for passage of House Bill 4105. All those in favor will vote 'aye', opposed, 'nay'. The board is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. This Bill, having received 113 'ayes', none voting 'nay', none voting 'present', is hereby declared passed. House Bill 4147, Representative Anthony Young. Out of the record. Proceed to page 24 on the Calendar. Consumer Protection, Third Reading. House Bill 2691, Representative Obrzut. Representative Obrzut on the floor? Out of the record. House Bill 3247, Representative Walsh? Read the Bill, Mr. Clerk."
"House Bill 3247, a Bill for an Act in relation to locksmiths. Third Reading of the Bill."
"Representative Walsh."
"Mr. Speaker, Ladies and Gentlemen of the House, this Bill makes it the responsibility of the locksmith, upon being called to a private residence, to see identification before 104 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 actually opening a door, or making a key, or anything like that for any individual. The purpose of the Bill is to prevent theft in relationship to someone acquiring entry illegally to a premises. I request an 'aye' vote on this. Thank you."
"Further discussion? Representative Wennlund."
"Thank you. Will the Sponsor yield?"
"He indicates he will."
"Yes, Representative Walsh, can you tell me what the effect of this Bill would be if people are locked out of their house without their identification, then...in other words, if I lock myself out of my house, and I left my wallet in my house, and it's locked, how am I going to get in? Because I don't have any identification, and the locksmith won't open the door, and so I guess I'm just stuck."
"You would have to be able to produce some form of identification in relationship to that or the man couldn't act without more authority. He has no...According to this Act, he would have no authority to just open the door without some type of identification that you would have in relationship to that residence, whether it would be a utility bill, or a piece of identification or whatever it would be that would give you credibility to that particular address or that particular apartment."
"The problem is, as I see it, and I often do this, I leave my wallet in my car all the time because I don't like to carry it because it's too heavy. And, if I lock myself...if I locked my car and I lost my keys, and I can't get in the car to get my identification, does this mean the locksmith can't open the door to my car so I can get in to get my wallet to show him the identification?". 105 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"We're not talking about the car now. the house, and he could certainly There's no question about that. We're residence in this." May 12, 1992 We're talking about get you in the car. talking about the
"Oh, so if I leave my wallet in my house, I lock myself out, and I don't have any keys, does this mean that the locksmith could not open my door, because I couldn't identify myself?"
"That's correct."
"Okay, well, to the Bill, Ladies and Gentlemen of the House, most of the time when people call the locksmith, it's because they lock themselves out of something and not in something, so if you lock yourself out and you didn't have your wallet, or you didn't have any identification, the locksmith couldn't open the door. I think that's really bad public policy to tell the people of Illinois that if they don't have any identification, they can't have a locksmith come and open their locked house so that they can get back in. I guess we're just going to be out in the cold if we don't have identification. So I guess we're requiring all the citizens of Illinois to carry identification, at least two forms on them, at all times. Now, I understand the reason for your Bill, but on the other hand, if the locksmith knows who you are, you shouldn't have to produce identification to get into your locked house and, a no vote is a proper vote on this Bill."
"Further discussion. Representative Weaver."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Right behind you, turn around, Tom. Look right here. I've just got two short questions. Do you specify in your 106 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 legislation as to what kinds of IDs are acceptable to the locksmith? As we all know, there's all kinds of counterfeit driver's licenses and stuff available on the market. Are you specific in terms of what IDs they should accept?"
"No, the point is to create the awareness on the part of the locksmith that someone has to show identification to him in some form before he would actually open that lock, unlock that, or make a key, or whatever it would be, for that individual. What we're trying to do is protect that individual in the long run from the standpoint of somebody walking away with a TV set or the stereo or whatever the case might be. So, in relationship to producing identification, that's the key. Now, how finite you want to draw that, that's another story but the legislation does not draw it in a fine manner."
"Well, my concern is that if you allow them or don't specify what IDs are valid, but as I understand, the rest of the Bill also allows for the recovery of damages from the actual homeowner from the locksmith if he allows someone into his house, and they burgle it or they steal some stuff."
"Well, the point is is to have something in the law that makes it worth something. By not having it in there, it isn't worth anything so there has to be some form of liability involved in the process. If the person isn't liable for doing it, then he's going to go ahead and do it."
"So, if I wanted to burgle somebody's house, all I'd have to do is get a fake ID, go get a locksmith, and..."
"But what the Bill is attempting to do is prevent that exact thing from occurring." 107 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992
"Well, but in your Bill you're providing for liability on the part of the locksmith."
"Correct."
"I don't really want to do that. You're gonna set a whole profession aside and make them liable for burglaries even though they may have gotten some form of identification. That part of it may mean some trouble for you. Thank you."
"Further discussion. Representative Homer."
"Thank you, Mr. Speaker. I don't understand what all this debate is about. The Gentleman has a Bill that he has offered to protect against unscrupulous, creative burglars who call upon a locksmith and want to get in your home, and all that the Bill does is say before a locksmith opens a lock to someone's...to a residence that the locksmith first make some preliminary determination that the identification of the person seeking entrance is the resident of that residence. Now, I don't know how we could have any more of a justified Bill than that. The Bill is not onerous on locksmiths. They can verify this information through a number of methods of identification prescribed in the Bill. And, frankly, there's not going to be a prosecution under this Bill or a lawsuit against a locksmith if, in fact, they fail to comply with it and let the owner into his own house. The only time it's going to become a contentious issue is where they allow a burglar to come in the house. And if a locksmith allows a burglar in your house, then I think that they ought to be liable, and that's the only time this Bill would, as a matter of fact, apply. So, I would hope that we could all support this Bill."
"The Gentlman asks for passage of House Bill 3247. All those in favor indicate by voting 'aye', those 108 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 opposed will vote 'nay'. The board is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. This Bill, having received 81 'ayes', 24 'nay', 8 voting 'present', hereby receiving the Constitutional Majority, is hereby declared passed. House Bill 4132, Representative Obrzut. Is Representative Obrzut in the chambers? Out of the record. Proceed to page 22 on the Calendar. House Bill 705, Representative Steczo. This is Municipal, County and Conservation. Representative Steczo? Out of the record. House Bill 2653, Representative Phelps. Read the Bill, Mr. Clerk."
"House Bill 2653, a Bill for an Act to amend the Fire Protection District Act. Third Reading of the Bill."
"Representative Phelps."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is a follow-up from last year, and which the Governor amendatorily vetoed. It creates the opportunity for a...county...attempt to create a fire district, that can do that without, if the largest municipality within that county does not vote in on a referendum. My understanding, this has no opposition."
"Further discussion. Representative Black."
"Yeah, thank you very much, Mr. Speaker. Will the Sponsor yield? Thank you. Representative, you and I have often worked on fire district legislation, and I'm always proud to work with you on that legislation, but it's my understanding that the Farm Bureau is opposed to this Bill because it simply weighs the election. You know...It would put a farmer who may have a thousand acres of land at a very distinct disadvantage. If he didn't want to be annexed or go into a district, it's my understanding that 109 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 this Bill would allow the people of an incorporated area to simply out vote him. So, if he votes no, but if the people in the incorporated area, who are already perhaps paying the property tax for the fire district, decide 'Hey, yeah, we're going to take in your thousand acres.' There isn't anything this gentleman or this lady could do."
"Well, what we're trying to correct... That case scenario does cause concern. However, that same farmer gets that thousand acres on fire, he's wondering where the service is."
"Well, I certainly understand that and I know in my district we're having a great deal of trouble with the no man's land phenomena as you go to 911. We've just got too many acres that aren't in a fire district prevention, or a fire district area, and it is a concern. But, at the same time, I've attended a couple of public meetings and a farmer raises a very legitimate point, 'Yeah, maybe my thousand acres does catch on fire, but I have no improvements on that land. I have no dwellings, I have no barn, and maybe I just don't want to pay that property tax with that fire district."
"Right, well, I'm sure there are unique circumstances which makes it very hard to make it uniformly acceptable. But, like, for example, in Pope County, they did pass a referendum on the ballot this time at the March primary. Several years ago the rest of the county voted for a fire district, I'm talking about to actually fund taxes, property taxes themselves, a front door referendum, and yet the municipality, because they did not endorse it, it failed. So, we tried to...This legislation is trying to correct that."
"Thank you very much, Representative. I appreciate your 110 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 patience and your candor. Mr. Speaker and Ladies and Gentleman, to the Bill I really don't rise in abject opposition to what the Gentleman is doing. I do think all of you need to be aware that there is opposition in rural areas to this Bill because it changes current law that would keep votes from an unincorporated and an incorporated area to be counted separately. And, obviously, that weighs the vote very heavily in favor of those people in the incorporated area. I think the Gentleman is correct. It needs to be worked out because of the no-man's land phenomenon, and as many people around the state are now being ask to pay a 911 surcharge, and I don't think we can continue to have a no-man's land phenomenon, but there is opposition to the Bill and you should be very cognizant of how you vote."
"Further discussion? Seeing none, Representative Phelps, to close."
"This was intended to correct a inequity in the law where in a county seeking to form a fire district that it was...not balanced according to those voting could dictate...the change in the fire district or even the formation of a fire district. So, appreciate your support."
"Gentleman moves for passage of House Bill 2653. All those in favor indicate by voting 'aye', opposed 'no'. The vote is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. This Bill, having received 70 'aye', 44 'no', 1 voting 'present', having received the Constitutional Majority, is hereby declared passed. House Bill 2664, Representative Satterthwaite. Out of the record. Representative Steczo, you had a Bill that I and we're not 111 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 that far past it. Would you like House Bill 705 called? Out of the record. (House Bill) 1495? Read the Bill, Mr. Clerk."
"House Bill 1495, a Bill for an Act to amend the Counties Code. Third Reading of the Bill."
"Thank you, Mr. Speaker, Members of the House. House Bill 1495 makes a change in a law that we passed here last year. Leyden Township in suburban Cook County, by our authority, created a space needs law last year to be able to study the kind of space needs that the township might have. We amended this Bill...or House Bill 1495, now addresses that situation. Current law says that the members of the township board or the supervisor or others cannot serve on the space needs law. To save money, to save time, the simple change that this Bill makes is just simply to allow those officials to be able to serve on this space needs board that's been created for Leyden township exclusively. If there is any questions, Mr. Speaker, I would answer those. If not, I would appreciate your affirmative votes."
"Further discussion. Seeing none, the Gentleman moves for passage of House Bill 1495. All those in favor indicate by voting 'aye, opposed 'no'. The board is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. This Bill, having received 114 'ayes', 0 'noes', none voting 'present', having received the Constitutional Majority, is hereby declared passed. Representative Rotello, for what reason do you seek recognition?"
"Thank you, Mr. Speaker. I rise for a point of personal privilege to announce that 50 years ago today Representative Gary Marinaro was born and it's his 50th 112 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 birthday, and we have some cake in the back. It will be Gary's first and last birthday on the House floor, so we want to make it a good one."
"Happy birthday, Gary. House Bill 2847, Representative McAfee. Read the Bill, Mr. Clerk."
"House Bill 2847, a Bill for an Act to amend the Illinois Municipal Code. Third Reading of the Bill."
"Representative McAfee."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2847 amends the Municipal Code. It basically eliminates the residency requirements for village treasurers or village collectors. This has the support of the DuPage Mayors and Managers Conference, and I know of no opposition. I urge your support."
"Further discussion. Seeing none, the Gentleman moves for passage of House Bill 2847. All those in favor will indicate by voting 'aye', opposed 'no'. The board is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. This Bill, having received 115 'aye', none voting 'no', none voting 'present', having received a Constitutional Majority, is hereby declared passed. Representative Ronan. House Bill 2945, Representative Flinn. Read the Bill, Mr. Clerk."
"House Bill 2945, a Bill for an Act to amend the Township Law of 1874. Third Reading of the Bill."
"Representative Flinn."
"Thank you, Mr. Speaker. Mr. Speaker and Ladies and Gentlemen of the House, House Bill 2945 abolishes the township assessor in St. Clair County only. The reason for abolishing this, in 1989 there was an Amendment passed here in the Legislature and signed by the Governor which took 113 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 all of the duties away from the township assessor. It's only in this county that it affects, and the reason they took the duties away from the township assessor is there were people moving mobile homes from one pad to another around the county, from one township to another, and not ever paying taxes. So, the county took over those duties with the new law we passed in '89. So, in 1990, 1991, the township assessors have not had any duties but since they run next year for a four-year term, now has come the time to take them off of the ballot. And I would move for the adoption of the Bill and have offered the township officials the opportunity, if they can come up with something agreeable, to amend this in the Senate, but in the meantime, because we're short of time, I would like to move it out now, and I do not intent to hold it any longer."
"Further discussion. Representative Wennlund."
"Thank you, Mr. Speaker. Will the Sponsor yield? Yes, Representative, can you explain to the House, what counties are affected by this abolishing the office of township assessor?"
"St. Clair County only. It doesn't affect any other county. We have an elected assessor there, and it's somewhat different than Cook County and DuPage County, and therefore the Bill is written in such a manner that, I mean the original law was written in such a manner where we elected our assessor, but it only affects St. Clair County."
"How does the Township Officials of Illinois..."
"The Township Officials of Illinois do not want to the...do not want, the job abolished, but they cannot explain what the guy would do since we've taken all of his 114 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 duties away in 1989. They had nothing to do in, 90, nothing to do in '91, will not have...and have nothing to do this year, '92, and why elect them for four more years with no job, just a salary?"
"In St. Clair County does the county assessor do all the assessing?
"St. Clair County now is doing all the assessments, mobile homes and everything. The elected assessor and his employees do all the assessing."
"In all the townships in the county?"
"In all the townships, the whole county."
"Thank you very much."
"Further discussion. Representative Hartke. You stand..."
"Thank you very much, Mr. Speaker, Members of the House. I stand in mild opposition of this piece of legislation. The Sponsor probably has worked very hard to come to an agreement. However, I think we have about 8 or 10 days left before final date for final passage on Third Reading here, and I would like to ask the Sponsor to hold that to see if he can work out some kind of a deal, rather than passing it out of here, out of our control and over to the Senate. God knows what will happen over there. So I, I really stand in opposition. I think it sets a bad precedent on what we're trying to do here. I think many of the assessors in the State of Illinois do a very good job and I'm afraid what this might do. So, I would ask the Sponsor to reconsider, to hold it for a while so that it can give them more time to come to an agreement."
"The Chair would like to recognize Senator Munizzi. She came back to the House just to say hello. Representative Homer." 115 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
May 12, 1992 "Will the Sponsor yield? Representative Flinn, I intend to support your Bill. I just had a question. What happens, maybe you covered this, but where you abolish the office of township assessor, and I realize it only applies in counties where...the county elects a supervisor of assessments, but who takes the place, or who takes over the functions of the township assessor in this situation?"
"Well, the person who takes the place is already taken place for the last three years, and that's the elected assessor of St. Clair County. He has been assessing all of the property, including mobile homes. The only thing the township assessor had left prior to that time, was the mobile homes, and as I mentioned in the debate, that the people who...some of the people who own mobile homes were moving them from pad to pad and avoiding taxes. Each township had a separate number. Each township had a separate system of keeping track of it, and nobody could keep track of where the mobile home came from. So the county and the schools especially were losing a lot of money, so the county decided to take over the duties, and we could not eliminate them until now because we eliminated them starting next year's election. They'll no longer be on the ballot to be elected in township elections."
"So in addition to having an elected supervisor of assessments..."
"It's not a supervisor, it's elected assessor."
"What's the title?"
"It's an elected assessor. He's an assessor who is elected, just like all the other county offices."
"I see, so he's, he's, ah, he's a county assessor. And when you did that, they expanded the scope of that individual's duties to include county-wide assessments." 116 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"That's right."
"Okay. Thank you."
"Further discussion. Representative Giglio."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I just rise in support of the Bill. I think Representative Flinn ought to be commended. What he is trying to do: Here you have a position where it's no more needed. You're looking for the county and the people to save money, and I can see that Representative Flinn and, hopefully like others, can see the light. There's no responsibility; there's no duty. It's just like the assessors in Cook County. They spend tons of money sending them to school and yet they don't have the power to assess, nor even to give information. So I think it's a good Bill, and I think everybody ought to vote for it."
"Further discussion. Representative Peterson."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative Flinn, why wouldn't those offices serve the same purpose as the offices in the townships in Cook County, which has a county assessor, where people can go and get information on property, they can file their exemptions, if they're a senior, or they can get other general information, as opposed to having to go all the way to the county seat. In Cook County if you had to come from the corner of my district which has Palatine Township, all the way down to the county office, that's 35 miles going through...down into the City of Chicago. Right now those people don't have to do that. They can go right to that office and get information from the township assessors, who do not, in fact, do assessing."
"Well, in the first place, that's what we tried to work 117 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 out in an agreement. Of course, I would say to you up front, that St. Clair County is not as large as Cook County, both in area or population, and the assessor is much more accessible in St. Clair County, the elected assessor is, than the one is in Cook County. But number two is, the reason we couldn't come to an agreement, is because the county didn't want to pay 'em and some of the townships absolutely refuse to pay 'em for doing nothing. Doing nothing for the townships. So the job is being done perfectly now. We're collecting all of the taxes, so far as we know, on mobile homes and everything else, and I'm not willing to change the system because we fought hard to get the system changed to where we could collect all of the money due the county, and as I mentioned earlier, the schools were the biggest loser of all. So I'm not willing to go back to that but if they want to use them for that purpose, that's fine with me. I'd be willing to elect them in the township and let the county pay them if they need more help, but they've already been replaced. Nineteen township assessors have been replaced by two employees in the assessor's office."
"Well, to the Bill, Mr. Speaker. I understand the position of Representative Flinn and I understand some of the problems they're having in St. Clair County, but I think closing those offices will be detrimental to the people who live in those townships, and I think that they should go back and try to work out some type of a service agreement between those townships and the county, and I would urge my colleagues to defeat this Bill. Thank you."
"Further discussion. Representative Lang."
"Thank you, Mr. Speaker. Will the Sponsor yield? Representative, I understand this is just for St. Clair 118 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 County. Do we have your commitment that it will stay that way?"
"I can't hear you."
"Do we have your commitment that the abolition of the office of township assessor in St. Clair County, it will just remain St. Clair County. You have no intention of adding..."
"I have, I have no intention of going any further than this. All we're trying to resolve is the fact that we have an elected township assessor who has absolutely no duties left and are still drawing a salary. That's intolerable by the people who pay taxes down there, and they don't want it to continue, and I'm helping them put a stop to it."
"Thank you."
"Any further discussion? Representative Pedersen, Pedersen."
"You got it right the first time Mr. Speaker."
"I'm sorry."
"Mr. Speaker, Ladies and Gentlemen of the House. I'm a former township assessor in Cook County, and I've never had any great...confidence in a further centralization of powers. I think that our big...our big way to go in Illinois and in our counties and what is really decentralization and local control of local empowerment. I think in a situation like assessors, particularly in areas that have growth, and it's more urban, and what have you, you have a much greater need for the branch office, so to speak. And I think that townships are made to order there. They're legal, the structure is there, and if you're having problems with some of those township assessors, I think maybe it's time to replace them and get people that really want to serve the people and do the job right with local 119 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 service that's convenient and helpful and much better than centralization and command and control, a top-to-bottom approach to things. So I would recommend that this is a bad precedent. In Cook County we ought to be decentralizing and using those townships more than, much more than we are. We do provide a great service, even though we don't assess. We have, we have a great service to the people in helping, helping them as my colleague has mentioned, and this should not be in...changed. It should be made more so, so I would recommend a no vote."
"Further discussion? Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Thank you. Representative, this is being portrayed as only affecting St. Clair County. For point of clarification, in fact if you have an elected supervisor of assessments, elected county wide, then this impacts that county as well, would it not?"
"No it does not."
"It would not?"
"It does not. It only affects St. Clair County."
"Why would it affect St. Clair differently than, say, Vermilion, who does have an elected supervisor of assessments?"
"Well, it says so very plainly that that's who it affects. That's correct: It affects only St. Clair County. Cook County has a different set of laws that involve their assessor, elected assessor. We elected ours under different sets of circumstances. We elected ours after eliminating a board of review by the public demand, and the county board put it on the ballot and that's how we did it. 120 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day We are operating completely under a May 12, 1992 different law altogether, and so we eliminated the duties of the township assessor in St. Clair County and it did not affect Cook County then either. Cook County still got their assessors."
"Well, I understand that. I'm not talking about Cook. I'm talking about my home county of Vermilion that does, I think, the same thing. We have an elected supervisor of assessments, runs county wide. We also have an elected board of review. So my concern is since we seem to be doing the same things St. Clair County is doing, would this Bill not then also affect Vermilion County?"
"How do you...how is your assessor...Is he elected?"
"He's... They are... He's elected now. Yes. He used to be appointed."
"Yes."
"And we also have an elected board of review."
"Just a minute, Mr. Speaker. Well, let me...let me say this to you, Representative Black. If...if you are correct, and it does involve Vermilion and you don't want it to involve it, I will most certainly agree to an Amendment. If you have one ready now I'll pull it back, or we'll do it in the Senate."
"Okay."
"Let me assure you that I have no intention of it having any effect on any other county with this legislation, except St. Clair."
"I appreciate that, thank you."
"Further discussion? Representative Weaver."
"Mr. Speaker, something I've always wanted to do. I move to the previous question."
"Previous question has been put. All those in 121 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 favor indicate by saying 'aye'. Opposed, 'nay'. The 'ayes' have. The question is put. Representative Flinn, to close."
"Mr. Speaker, I just ask for a favorable vote. I think the issue has been discussed."
"Gentleman moves for the adoption or passage of House Bill 2945. All those in favor indicate by voting 'aye'. Those opposed, vote 'nay'. The board is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flinn, for what reason do you arise?"
"Well, Mr. Speaker, since I'm the Sponsor, I guess I could also explain my vote. I would like to point out, that since Representative Black talked to me, that it's Section 5B of the Revenue Act, affects St. Clair County only, and that's what we're dealing with here. We're not dealing with any other section. So all of you who are voting red, let me assure you that you are voting against the taxpayers of St. Clair County. You're forcing them to elect an assessor who has absolutely no duties. Now if that's what you want, well that's what you'll get, but I would suggest to you, you go home and tell your voters that you made some other voters pay for absolutely nothing, for a nothing job, and maybe you'll have to answer the questions instead of myself."
"Representative Matijevich, for what reason do you arise, Sir?"
"Well, I'd like to explain my vote, too, because somebody said this is a bad precedent. There may be a bad precedent. Since when is it a bad precedent to remove somebody from office who does absolutely nothing? That ought to be a good precedent. As far as I'm concerned, 122 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 this ought to be a vote that oughta go across the state, that if you're... You know I hear so many of you talking about down-sizing, down-sizing government. Now we sure ought to down-size government when government does absolutely nothing. This ought to be a vote, a test vote. Are you for down-sizing government for somebody doing absolutely nothing? If you are, yes. If you aren't, then tell your taxpayers you aren't."
"Have all voted who wish? Have all voted who wish. Take the record, Mr. Clerk. This Bill having received 63 'aye', 41 'nay', 11 voting 'present', having received the Constitutional Majority, is hereby declared passed. House Bill 2958, Representative Manny Hoffman. Read the Bill, Mr. Clerk."
"House Bill 2958, a Bill for an Act to amend the Metropolitan Water Reclamation District Act. Third Reading of the Bill."
"Representative Hoffman moves for the adoption or passage of House Bill 2958. All those in favor, indicate by voting 'aye'. Opposed, 'nay'. The board is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. This Bill having received 115 'ayes', none voting 'nay', none voting 'present', having received the Constitutional Majority, is hereby declared passed. Representative Keane, in the Chair."
"House Bill 3030, Representative Flinn. Mr. Clerk, read the Bill."
Clerk O'Brien" "House Bill 3030, a Bill for an Act to amend the Counties Code. Third Reading of the Bill."
"Representative Flinn."
"Thank you, Mr. Speaker. I want the Membership to know I 123 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 had nothing to do with changing the Speakers up there but House Bill 3030, currently under the law, the...a sheriff may appoint a special deputy to serve any summons issued out of court, by endorsement; and what we're trying to do is to have the sheriff appoint special deputies to serve any kind of papers of that sort, whether it's out of endorsement or not. And the purpose of the Bill is to try to reserve the deputy sheriffs as law enforcement officers and use other people, who are perfectly qualified, to serve the legal papers and that sort of thing, to keep from using a sheriff who, a person who has been trained as a police officer, and wasting his talent. I would move for the adoption of the Bill and answer any questions."
"On the question, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, I...it's been a while since I've served on a county board, but it's my, it. I thought that special deputies...that ability of a sheriff to appoint special deputies has been removed by statute. Is my memory faulty, or I...I thought we took that power away from them some time ago."
"Well, somehow, some way it's still the way I read it to you, that they're allowed to appoint a special deputy to serve any summons issued out of court, by endorsement, see? What we're trying to do is to say, it doesn't require the endorsement."
"Would...would your Bill in any way allow a special deputy to carry a badge and/or gun?"
"I I can't hear you. We have a bit of noise over here. Repeat please." 124 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992
"As to your intent, if the sheriff, and and I...I really think we need some staff to look this up, I don't think the sheriff can appoint a special deputy anymore, but if...if that is not the case, if they can, is it your intent that this special deputy would be issued a badge and/or be able to carry a gun?"
"No."
"He wouldn't carry a badge or a gun, either one?"
"Not to my knowledge, I...I...I don't... There's nothing in this Bill that would...would require him to carry...would be allow him to carry a badge or a gun."
"All right. Thank you."
"Any further discussion? There being none, the question is, 'Shall this Bill pass?' All those in favor vote 'aye'. All opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 109 voting 'aye', none voting 'no', 2 voting 'present' and House Bill 3030, having received the required Constitutional Majority... Put Stepan as 'aye', vote 'aye'. On this Bill there are 110 voting 'aye', none voting 'no', 2 voting 'present', and this Bill, having receiving the required Constitutional Majority, is hereby declared passed. House Bill 3108, Representative Capparelli. Mr. Clerk, read the Bill."
"House Bill 3108..."
"Pardon me, 3104."
"House Bill 3104, a Bill for an Act to amend the Counties Code. Third Reading of the Bill."
"Representative Capparelli."
"Thank you, Mr. Speaker. House Bill 3104 states that if the office of coroner has been abolished in the county 125 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 by referendum, the county board shall select a person to perform the duties previously conducted or performed by the coroner. The selection shall be made within six days, after the referendum, or within 60 days after the effective date. I would ask for a favorable roll call."
"Is there any discussion? There being none, the question is 'Shall this Bill pass?' All those in favor vote 'aye'. All opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 113 voting 'aye', 0 voting 'no', 0 voting 'present', and House Bill 3104, having received the required Constitutional Majority, is hereby declared passed. House Bill 3105, Representative McGuire. Mr. Clerk, read the Bill."
"House Bill 3105, a Bill for an Act to amend the Intergovernmental Cooperation Act. Third Reading of the Bill."
"Representative McGuire."
"Yes, Sir, Mr. Speaker. Ladies and Gentlemen of the House, I rise today on the beautiful day of the 12th of May to offer House Bill 3105, and it's a bipartisan effort between myself and Representative Wennlund. It affects a couple of townships in Will County. Briefly, it amends the Intergovernmental Cooperation Act, and it adds townships and counties with a population under 700,000, to the list of entities that can establish a Municipal Joint Action Water Agency by intergovernmental action. We have a few townships in Will County who would like to secure their water from Lake Michigan, and I'd ask for your favorable response on this this piece of legislation and for my birthday, I'd like you to pass this Bill out and...These townships are not even in my district." 126 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992
"On that issue, Representative Wennlund."
"hearing no questions, Mr. Speaker. I'd ask for a vote."
"On Third Reading, I think you...whether you like it or not, you're going to have one. On that issue, Representative Wennlund, Representative Wennlund."
"Thank you, Mr. Speaker. Maybe I should have had my name removed from the Co-Sponsorship of this fine bill, but I want to wish Representative McGuire a Happy Birthday and he is certainly deserving of a 'yes' vote on his, his birthday, and we have a situation in...in many counties in this state, and there's...there's...In Will County there are several townships without an incorporated municipality in them, and all this Bill does is allow the townships to join together in intergovernmental cooperation agreements with cities and counties to provide public water supply to these townships. It's an excellent piece of legislation, and I rise in support of it and ask everyone else to support it. Representative McGuire has a wonderful Bill here, and we all ought to support it."
"Representative Wojcik."
"Would the Sponsor yield, please?"
"He indicates he will."
"Representative, I just heard the word 'township'. Is this another abolishment of township government?"
"No, no way."
"Are you sure? To me it seems like another way to get rid of some areas in township government."
"No."
"Would you do that on your birthday?"
"Pardon me?"
"Would you do something like that on your birthday?" 127 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"No I wouldn't do it any day."
"You wouldn't?"
"No." May 12, 1992
"Okay, then we're not abolishing townships or anything like that?"
"No, I'm a former township supervisor."
"I'm a former township clerk."
"I know you are."
"You guys can meet in the back of the room after Session. Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor of this Bill yield?"
"He indicates he will."
"Representative, let me just make sure, to establish intent. Our analysis says that the current law allows this, but only if you're taking water from Lake Michigan, and I've asked the the outstanding Co-Sponsor of this Bill and he assures me that that's not the case, and I want to make sure that that's your intent as well, that... Because it wouldn't help very many downstate townships...if...if we go together and do this, but the only water we could access was Lake Michigan. I just want to make sure that's not your intent."
"No, it's not."
"Evidently that's the current law. Correct."
"That's correct."
"And so this this would let townships then go together be it a well or some alternative water supply, anywhere in the State of Illinois, correct?"
"It would apply to any townships and counties with the population as stipulated, but it's basically geared toward those townships in Will County." 128 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992
"But if...if some downstate townships, and water is a serious problem there as well, the current law says that you can only, by these joint agreements, you can only access water from Lake Michigan. Well, that's...that's out of the question, in my part of the state."
"Yeah. Yes."
"I...I...for purposes of legislative intent, it's not your intent that this Bill restrict any joint water effort to go after Lake Michigan water. We could go after water any where we could find it, correct? Thank you."
"Yes."
"Representative McGuire, to close."
"I'd just ask for your favorable vote on this important issue to the people of Will County, and thank you."
"The question is 'Shall this Bill pass?' All in favor vote 'aye'. All 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 Bill, there are lll voting 'aye', none voting 'no', none voting 'present', and this Bill, having received the required Constitutional Majority, is hereby declared passed. House Bill 3134, Representative DeJaegher. Mr. Clerk, read the Bill."
"House Bill 3134, a Bill for an Act to amend the County's Code. "Third Reading of the Bill."
"Representative DeJaegher."
"Thank you, Mr. Speaker and Members of the General Assembly. House Bill 3134 was requested by Rock Island County. It is...it is a front door referendum. It amends the Counties Code; provides that a county board may adopt a Resolution increasing the rate of property tax levied, for providing community health facilities and services. The 129 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 question of the increase must be presented to the electors of the county at a referendum and basically, that's all the Bill does. I ask for your support. Thank you."
"Any discussion? There being none, the question is 'Shall this Bill pass?' All in favor vote 'aye'. All opposed, vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 85 voting 'aye'...84 voting 'aye', 22 voting 'no', 4 voting 'present' and this Bill, having received the required Constitutional Majority, is hereby declared passed. House Bill 3153, Representative Frederick. Mr. Clerk, read the Bill."
"House Bill 3153, a Bill for an Act to amend the North Shore Sanitary District Act. Third Reading of the Bill."
"Representative Frederick."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 3153 amends the North Shore Sanitary District Act. It's a Bill that does three things, all of which are agreed to by the county board and the sanitary district. It provides that the trustees of the district shall assume office in December, after the November election, instead of May. It provides that the trustees, the President of the Board of Trustees shall fill vacancies by appointment, and it allows the sanitary district to reapportion itself into wards for purposes of trustees term of office. This gives the North Shore Sanitary District the same powers as other sanitary districts, and I would appreciate your 'aye' vote."
"On that issue, Representative Martinez."
"Mr. Speaker, I wish to have the record reflect that I would have voted 'aye' on the previous Bill, 3134." 130 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992
"The transcript will so reflect."
"Is there any discussion on this Bill? There being none, the question is, 'Shall this Bill pass?' All those in favor vote 'aye'. All opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 111, 112 voting 'aye', 0 voting 'no', none voting 'present' and this Bill, having received the required Constitutional Majority, is hereby declared passed. House Bill 3170, Representative Giorgi. Representative Giorgi, do you want to read...Do you want to have your...(House Bill) 3172. Out of the record. House Bill 3191, Representative Saltsman. Mr. Clerk, read the Bill."
"House Bill 3191, a Bill for an Act to amend the Township Law of 1874. Third Reading of the Bill."
"Representative Saltsman."
"Thank you, Mr. Speaker. What this Bill does...We passed this Bill last year and it was signed in law by the Governor. It changed the bonding structure just a small amount. What it does is allows the township board to put on a referendum an issue to purchase revenue bonds to build a senior citizens' housing program, and I ask for its passage."
"Is there any discussion? There being none, the question is 'Shall this Bill pass?' Representative Homer."
"Thank you, Mr. Speaker. Very briefly, I believe this Bill is for...To enable Limestone Township in Peoria County to, by front door referendum, levy a tax to build a senior citizens' center. That is an area that will be in my new legislative district, and I'm proud to join Representative Saltsman in this...this legislation."
"Question is, 'Shall this Bill pass?' All those 131 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 in favor vote 'aye'. All opposed vote 'no'. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 105 voting 'aye', 1 voting 'no', 1 voting 'present' and this Bill, having received the required Constitutional Majority, is hereby declared passed. House Bill 3204, Representative Steczo. Representative Steczo, do you want to have 3204. Out of the record. (House Bill) 3205. Out of the record. (House Bill) 3210, House Bill 3210, Representative Jay Hoffman. Mr. Clerk, read the Bill."
"House Bill 3210, a Bill for an Act to amend the County Jail Act. Third Reading of the Bill."
"Representative Hoffman." Hoffman, J.: "Mr. Speaker, Ladies and Gentlemen of the House, House Bill 3210 would amend the County Jail Act by deleting provisions requiring separation of persons charged with an offense from those convicted of a crime. Essentially what this would do is allow small county jails not to put...not to put in the same cell, but to keep in the same general area. This is an idea that would insure the Counties could deal with the jail overcrowding problem. I ask for an 'aye' vote."
"On that issue, Representative Lang."
"Thank you, Mr. Speaker. Just to help my colleague out a little bit. Some of the Bills that were printed, House Bill 3210, somehow have House Bill 3257 on the second page, so just to clarify the record, Representative Hoffman is talking about LRB #8709129AJMB. Thank you."
"Representative Black."
"Will the Sponsor yield?"
"He indicates he will."
"Thank you. Representative, I...I...certainly have no...I 132 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 think you're on the right track here, but I just, for intent, and I wish the answer was yes, but I'm afraid it's no. This doesn't mean that we can house juveniles... remember that federal mandate that came down a couple of years ago, where you have... We've always been able to house them separately, by sight and sound, but now we can't house them at all. This, unfortunately isn't going to do anything to alleviate that problem, right?" Hoffman, J.: "No, I think that's going to have to be left to another day. This doesn't have anything to do with juveniles. It really doesn't."
"Well, a half a loaf is better than none. You have a good Bill."
"Representative Parke."
"Will the Sponsor yield for a question?"
"He indicates he will."
"Representative, if you're going to have separate facilities or separate areas, will this incur additional funding?" Hoffman, J.: "No, this says...this is doing just the opposite. Right now it says that they have to be housed in separate areas. This allows them to be housed in the same areas. Right now, there's a distinction between conviction and awaiting trial in a county jail. This says now you can keep them in the same areas. So this would ensure or have something to do with effecting and ensuring that we could get out of this jail overcrowding mess on the county level."
"So in fact it's going to save the taxpayers money?" Hoffman, J.: "Hopefully, hopefully by doing this, you won't need Parke: to continually increase the capacity of jails." "Thank you." 133 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"Representative Ropp."
May 12, 1992 "Thank you, Mr. Speaker. I just wanted to stand in support of this because here in McLean County, we just built a brand new jail within the last few years and without this Bill, we would now have to go and build additional facilities. This allows counties to actually Save money, by not actually having additional space, but allows people to stay in the same area. It's a good Bill. We urge your support."
"Representative Klemm." "Thank you, Mr. Speaker. Just to the Sponsor, I guess. I only have some concerns about a young person may be charged with a crime being housed with somebody who is convicted of a serious offense, and I don't know how you separate them; and that's the reason that I think the intent of the original legislation was SO we prevented, particularly young people, from being placed for weeks and months, sometimes, while waiting trial to be with those who are convicted of some very serious offenses, andI was wondering could you address that somehow to allay our fears?" Hoffman, J.: "I think that just for the...for the intent, and I think it will address. This isn't talking about and allowing people to be kept in the same cell. It's being kept in the same area, and it isn't the intent and so, it will go on the record, it isn't the intent of this legislation to allow allow them to be kept in the same cell. However, they could be housed in the same general area. Right now, I don't think that that's...that can be done under our present law."
"All right, does the Bill specifically say that it can be housed in the same area but not in the same cell...or does it leave it to the discretion of the sheriff and the 134 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 assignment of those who are accused and those who are convicted?" Hoffman, J.: "It doesn't specifically say that, no, but I think that through the legislative intent and...and possibly I will make a commitment to you over in the Senate to...to have that addressed as an Amendment over there."
"All right, well, that's fine. Thank you very much."
"The question is, 'Shall this Bill pass?' All those in favor vote 'aye'. All those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 113 voting 'aye', 0 voting 'no', 1 voting 'present', and this Bill, having received the required Constitutional Majority, is hereby declared passed. House Bill 3379, Representative Peterson. Mr. Clerk, read the Bill."
"House Bill 3379, a Bill for an Act to amend the Local Government Professional Services Selection Act. Third Reading of the Bill."
"Representative Peterson."
"Thank you, Mr. Speaker. House Bill 3379 would provide that certain provisions of the Act may be waived in emergency situations or when the costs of architectural, engineering, and land surveying services for a project is expected to be less than $25,000. This Bill was put in at the request of Lake County and what it does is it raised the waiver for bids in emergency situations from $10,000 to $25,000, and this Bill, if it became law, would also be applicable to the City of Chicago, and you know some of the problems they had because they couldn't waive a bid because it was a little bit over $10,000. It's a good Bill. It's supported by many units of local government, and I ask for 135 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 your 'aye' vote on House Bill 3379."
"Representative Hartke."
"Will the Sponsor yield?"
"He indicates he will."
"I'm not opposed to the idea or your concept. I just wanted to get clear in my mind, what creates an emergency?"
"The emergency has to be one that is presented to the board. In other words, the administration on its own cannot go out and take the bids. The board, the county board or the city council would have to act by ordinance to waive those requirements."
"So they would have to pass a resolution. Saying this is an emergency because we don't have time to do the normal bid process. They pass the Resolution, and then they could up it to $25,000."
"That's correct."
"Thank you."
"The question is, 'Shall this Bill pass?' All those in favor vote 'aye'. All opposed vote 'no'. Voting is open. To explain his vote...I apologize, Representative. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 110 voting 'aye', none voting 'no', 2 voting 'present', and this Bill, having received the required Constitutional Majority, is hereby declared passed. House Bill 3417, Representative Pedersen. Mr. Clerk, read the Bill."
"House Bill 3417, a Bill for an Act to amend the Chicago Sanitary District Enlargement Act. Third Reading of the Bill."
"Representative Pedersen."
"Thank you, thank you, Mr. Speaker. All this Bill does is annex three parcels that that were originally 136 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 un-incorporated and have been now been incorporated into the village of Palatine. The village of Palatine is in the water reclamation district, and they're asking us to annex this...these parcels into the sanitary district. So I urge an 'aye' vote."
"Is there any discussion? There being none, the question is, 'Shall this Bill pass?' All those in favor vote 'aye'. All opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill there are 113 voting 'aye', none voting 'no', none voting 'present', and this Bill having received the required Constitutional Majority, is hereby declared passed. House Bill 3473, Representative Steczo. Let the record show...the transcript show that Representative Mautino would have wanted to vote 'aye' on the previous Bill. Same for Balanoff. (House Bill) 3473, out of the record. (House Bill) 3485, Representative Jay Hoffman. Mr. Clerk, read the Bill."
"House Bill 3485, a Bill for an Act to amend the Counties Code. Third Reading of the Bill."
"Representative Hoffman." Hoffman, J.: "Mr. Speaker, Ladies and Gentlemen of the House, House Bill 3485 essentially would allow counties to use court...Would eliminate provisions specifying the sheriff as the officer for whom the county board may enact orders for court services fee for providing security to the court. All this really does, the sheriff would still provide the court services, but if you have a detention center in your county, many times it...3485. If you have a detention center or juvenile facility in your county, many times people from the detention center are the ones who do the transportation and the security of those juveniles. This 137 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 would allow the county, by ordinance, to help defray those costs. It would also allow, I believe, the county to use this court service, or this court security money, that we presently already collect for things like metal detectors, et cetera, would clear it up. I ask for an 'aye' vote."
"Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, I intend to support your Bill and I certainly think we've read in the last few weeks about the increased need for security in our our court facilities. The only question I have has anyone from the Sheriff's Association contacted you. Are they in agreement with this Bill or do they even know about it." Hoffman, J.: "I don't...nobody has contacted me. When I did it in committee, Joe Mudd was sitting in the committee. I don't think that there's a problem."
"Okay." Hoffman, J.: "They haven't told me there was or there wasn't. I haven't talked to them about the Bill."
"All right. Thank you very much."
"Question is, 'Shall this Bill pass?' All those in favor vote 'aye'. All opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 103 voting 'aye', 4 voting 'no', 6 voting 'present', and this Bill, having received the required Constitutional Majority, is hereby declared passed. House Bill 3516. Mr. Clerk, read the Bill."
"House Bill 3516, a Bill for an Act concerning zoning. Third Reading of the Bill." 138 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"Representative Walsh." May 12, 1992
"Mr. Speaker, Ladies and Gentlemen of the House, this Bill is very basic. It's a requesting that the township board of trustees may submit to the corporate authorities of the municipality a written request that a meeting be held to discuss a proposed municipal zoning ordinance or resolution. It's a form of cooperation and hopefully will eliminate problems that have occurred in the past and and would prevent them from occurring in the future. I request an 'aye' vote on this Bill. Thank you."
"Any discussion? There being none. The question is 'Shall this Bill pass?' All in favor vote 'aye'. All opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 109 voting 'aye', 0 voting 'no', 1 voting 'present', and this Bill, having received the required Constitutional Majority, is hereby declared passed. House Bill 3662, Representative Cowlishaw. Mr. Clerk, read the Bill."
"House Bill 3662, a Bill for an Act to amend Downstate Forest Preserve District Act. Third Reading of the Bill."
"Representative Cowlishaw."
"Mr. Speaker, I agreed in committee to amend this Bill and my Amendment has been filed and I believe it has been distributed. So, if I may, I would ask, please, in order to keep my word to the committee, if I might bring this Bill back to Second Reading for the purposes of an Amendment?"
"We're going to do that at another time. So..."
"Very good. Thank you, Mr. Speaker."
"Representative McPike, in the Chair." 139 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992
"House Bil1 3675, Representative Capparelli. Read the Bill, Mr. Clerk."
"House Bill 3675, a Bill for an Act to amend the Metropolitan Water Reclamation District Act. Third Reading of the Bill."
"Representative Capparelli."
"Thank you, Mr. Speaker. House Bill 3675 amends the Metropolitan Water Reclamation District Act, to clarify that a city, village, or town with whom the district enters into an agreement to provide service, must be located wholly within Cook County. The district boundaries do not extend beyond Cook County. I would ask for a favorable Roll Call."
"Any discussion? Being none, the question is, 'Shall this Bill pass?' All those in favor vote 'aye'. Opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are lll 'ayes', and no 'nays', and House Bill 3675, having received the Constitutional Majority, is hereby declared passed. House Bill 3676. Read the Bill, Mr. Clerk."
"House Bill 3676, a Bill for an Act to amend the Metropolitan Water Reclamation District Act. Third Reading of the Bill."
"Representative Capparelli."
"Yeah. Senate Bill, I mean House Bill 3676 amends the Metropolitan Water Reclamation District Act to extend the corporate limits to include certain lands in Palatine and Wheeling township. The district is already servicing these areas in these districts and the corporate limit should be statutorily amended to reflect this. I would ask for a favorable roll call."
"Is there any discussion? Being none, the 140 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 question is, 'Shall this Bill pass?' All those in favor vote 'aye'. Opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there's 115 'ayes', and no 'nays'. House Bill 3676, having received the Constitutional Majority, is hereby declared passed. (House Bill) 3686. Representative Steczo. Read the Bill, Mr. Clerk."
"House Bill 3686, a Bill for an Act to amend the Public Funds Investment Act. Third Reading of the Bill."
"Representative Steczo." Steczo: Thank you, Mr. Speaker, Members of the House. House Bill 3686 amends the Public Funds Investment Act, and it authorizes municipalities to invest their public funds in interest-bearing bonds of any county, township, other municipality, municipal corporation, or school district, provided that those bonds are registered in the name of the municipality or held, under a custodial agreement at a financial institution. Presently, municipalities can invest in a number of interest-bearing, interest-making types of ventures, in corporate stocks, corporate bonds, et cetera. This allows them one further option to be able to invest and make money on behalf of their taxpayers. I would answer any questions you might have and if not, would ask for an affirmative vote, Mr. Speaker."
"And on the Gentleman's Motion, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield? Representative, I...I guess there's a question of of safety of investing public funds of one governmental entity in an offering by another governmental entity. Don't you think perhaps there should be, and maybe it could be amended in the Senate, that, you know, there should be 141 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 some rating or some restriction on the kinds of...of negotiable instruments that one government might invest in. I mean, I...I just don't see any underlying language, any restriction or any safeguard. Some of these may carry a high yield, but the high yield generally is associated with high risk, and I...I don't know it seems like it might only make good sense to say that these bonds should be rated AA, AAA, whatever. I...I just simply call that to your attention and see if if you share my concerns or do you think the safety is inherent in in the Bill?"
"Mr. Black, just to respond to your question. You know, I think that unless this this pr...those that type of pro...provision or safeguard may be, in fact, stipulated some other place in the statutes. The language taken and placed in this...this area, and as you'll notice the other areas where the public agencies may invest contain no such restrictions. You know, allowing the ability of that...of that local agency under, you know, prudent rule to be able to invest and invest wisely. If you think, however, that it would be in the best interest to be able to stipulate some kind of safeguards, I'd be glad to consider that for the Senate."
"Well, I...I think, you know, if nothing else and correct me if I'm misinterpreting this, but it would be possible, at least I... I, if I'm reading this correctly, a government may put 40%, 50% or 60% of its funds or maybe even 100% into this kind of an investment, and I...I really think you should look in the Senate that perhaps these kinds of investments should not exceed a certain percentage of its invested funds. Because I...I would hate to think that a school district would go out and invest in a municipal golf course, for example, that might look attractive and pay a 142 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 high yield and they put 40% of their invested funds into that and then that particular enterprise fails. So maybe there should be some limit as to the percentage of invested funds in this kind of a...and I hesitate to say unrestricted, but at least from my reading, it seems somewhat unrestricted, and you may want to look at that in the Senate."
"I shall do that."
"Representative Klemm."
"Thank you, Mr. Speaker. I...I guess I...that shared my concern, too, but it seems that our investments that return a higher yield also has higher risk, and I would think, and as the Sponsor had indicated, that it appears as if a percentage maximum perhaps would be the best order in this case, of allowing them to do this, but with certain limitations. Because obviously with the risk, with many of these investors being part time and actually not even being trained, I think it would give us that extra measure of safety if they could only go so much. So I do share that."
"Representative Steczo, to close."
"Thank you, Mr. Speaker. Understanding that we will take under advisement and work to change those sections that have been brought to our attention, I would ask for a 'yes' vote."
"The question is 'Shall this Bill pass? All those in favor vote 'aye'. Opposed vote, 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 114 'ayes', and no 'nays'. House Bill 3686, having received the Constitutional Majority, is hereby declared passed. House Bill 3725, Representative McGuire. Read the Bill, Mr. Clerk. Take the Bill out of the record. House Bill 3749, 143 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 Representative Hartke. Read the Bill, Mr. Clerk."
"House Bill 3749, a Bill for an Act concerning natural resource information. Third Reading of the Bill."
"Representative Hartke."
"Thank you very much, Mr. Speaker and Members of the House. House Bill 3749 amends the Soil and Water Conservation District Act, Section 22.2 A. This Bill has had two Amendments on it. It removes most of the con objectionable items by the Illinois Realtors. In effect, what it does, it designates the district shall be the designated entity for providing the natural resource information to various units of local government, and I ask for your support and be happy to answer any questions."
"Any discussion on the Bill? Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield? Representative, there is there is considerable opposition to this Bill, as I'm sure you are aware, and you've you've already mentioned that."
"Well I didn't say there wasn't. No."
"No, I understand that. I...I think the problem particularly with Realtors, home builders, et cetera is that there is case law. Did they...did they call that to your attention? That it...it, you know, maybe my colleague, Representative Wennlund, can help me, but it looks like..."
"Yes, yes they did. However, I asked...I asked the question from the court's of course, Julie, 'who provides this report now?' and...and the answer, I think, she had to give me was the soil and water conservation districts. And so anything we say in this piece of legislation is, is they shall be the designated one and I asked her, 'Shall we 144 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 designate the EPA?' And her answer was no, and so I would think that the soil and water conservation districts would be the natural and this just says they shall be."
"It would appear that the case that is cited, clearly states that the soil and water district would not be the appropriate entity and that, therefore, the decision remains with the public. Now, I don't know how public is defined either, but..."
"Well, I think we're asked to make public decisions here and...and it would seem appropriate to me to have the soil and water conservation district do this sort of a survey. They're natural resource designees, in the State of Illinois natural resource guardians, why would we not have them do this report, which deals with the natural resources in an area. They...they govern the land, the soil, protect the land and soil, wildlife habitat, geology and everything else. It would just seem natural for me to have them be designated as the person who figures the report."
"Well, you know I...I find it odd that my soil and water conservation district did not contact me on this Bill. II assume that they contacted you."
"Absolutely and and and the soil and water conservation districts came to my with this piece of legislation and, as you know, it was much...much heavier than it is now. We've eliminated a lot of the objections that the Realtors had to the Bill, and so I think this a very watered down version and is really acceptable."
"How many entities can get involved in in one of these filings on on a piece of property that you might want to build a house on or something...IEPA gets involved, now we're going to get sil and wter."
"awell, the Illinois, no, the Illinois Department of 145 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 Public Health or your local county health department would get involved if you're building a house, especially if it's in a nonincorporated area, simply because you may be required to have your own well, your own septic system and so forth. So then, the Department of Public Health has to go somewhere to see if the soil is suitable for saturation and everything else and for aeration of the septic system and so this report would tell you. It would also tell you if there are any endangered species on the area where there's wetlands. These are the things that the soil and water conservation district naturally look into, and so....although that's not designated in the Bill now that these are the types of reports to put out, it says that the soil and water conservation district service shall be the designated agency to file this report with those necessary county agencies, such as the Department of Public Health that need these reports. The zoning commission would be another that may need this report."
"Well, there...there also appears to be what I consider to be a weakness in the Bill as drafted. If...if you, and having had the pleasure of visiting you on your farm, if you were to sell me, without benefit of a Realtor, five acres of land, and I would want to build a house on that land, then there's no provision for this report, to be passed on to me."
"That was in that was in one of the...in the original Bill, Representative, and by the objection made by the Realtors, we deleted that in, I think, Amendment #1 or #2. They did not want that and so that was part of what the soil and water conservation districts wanted in so that is why it's watered down."
"I appreciate your time and your patience and I don't 146 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 think I can convince you to take this out of the record and let us negotiate a little while longer, right?"
"Do you think it would help?"
"It might."
"How much?"
"It might help a whole lot."
"Mr. Hartke do you want to take this Bill out of the record?"
"It looks like I might have to. Let's take it out of the record."
"That certainly was a courageous stand. (House Bill) 3750 is your next Bill, Mr. Hartke. Do you want to take that out of the record before we put it in the record? Read the Bill. Read the Bill, Mr. Clerk."
"House Bill 3750, a Bill for an Act to amend the Soil and Water Conservation District Act. Third Reading of the Bill."
"Representative Hartke."
"Thank you very much, Mr. Speaker. The last Bill, I think, educated a lot of people on all the work that soil and water conservation districts do in the State of Illinois. Present law requires, or allows, the directors of the soil and water conservation boards, who sit and direct the many jobs that are designated to the soil and water conservation districts, a $20 a day compensation for mileage and so forth. Most districts in the Sate of Illinois do not compensate their directors because they do not have the money, but rather compensate them for possibly mileage that they may travel to and from meetings. This Bill will allow those soil and water conservation districts who have contributions from the counties to up that per diem to $100 per day. This is not a pay increase. Isimply 147 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 140th Legislative Day permissive and it could be used by those counties that could afford it. I'd be happy to answer any questions."
"On the Gentlema's Motion, Representative Wennlund."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Everybody in the House floor should know that this is a pay increase from $20 a day to $100 a day for soil and water conservation district directors. Now, if all 98 soil and water conservation boards in the state paid only $20, it would amount to $177,600 a year. Now with this Bill, the cost per month, for a board, at $100 each would be $500 bucks and the cost for 12 monthly meetings would be $6,000. The total cost for all 98 boards, if they all paid themselves the $100 fee, would be $588,000 on a statewide basis. Now the Department of Agriculture opposes this Bill, particularly in light of the state budget crisis, because it has the potential effect on general revenue funds. The money is appropriated to the Department of Agriculture, who then turns around and reappropriates it out to soil and water conservation districts. So we're talking about almost $600,000, in effect, on the general revenue fund of the State of Illinois, which is why it's proposed and...and in this time in Illinois history when the state is facing some of its worst fiscal crisis that it has ever faced in its entire history, now is not the time to be spending another $600,000 a year to give a pay increase of $80 bucks a day to soil and water conservation district directors. This Bill deserves to be defeated."
"Does anyone rise in support of this Bill? Representative Robert Olson."
"Mr. Speaker, will the Sponsor yield?"
"Yes." 148 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day
"I'm not rising in support, by the way, Chuck. Hartke: May 12, 1992 My notes here say the Department of Agriculture opposes this Bill. Where did the impetus come? Who, who presented this Bill to you.?" "This Bill came from, again the soil and water conservation district people. Bob, you and I both know that many of those directors are very hard-working honest farmers. They spend a lot of time and a lot of work protecting the soils of the State of Illinois. I think the Department of Agriculture has done a dastardly deed by...by putting out these figures. They know, and I know, and everyone else should know, that the majority, the vast majority, probably 95% of the soil and water conservation district directors work on a volunteer basis. It is only those counties in the Collar Counties and so forth, where the county board supports soil and water conservation because they're aware of the the problems of drainage and so forth, that they compensate their board of directors $20. It is a hard job, and they work hard. This Bill is to allow them to compensate those directors properly. Many of the downstate district directors for the soil and water conservation district work for nothing. They absolutely do. This is totally ludicrous to say that the Department of Conservation puts out through the General Revenue Fund or this Bill could cost some $500, $600,000, is totally ludicrous. Most counties in the State of Illinois, through their county boards, donate more funds to the county...to the soil and water conservation districts than do the State of Illinois, and I think that if you want to defeat this Bill, fine, but let's let's not ask the soil and water conservation districts to protect our soils in the State of Illinois and let's not dump any more mandates on them." 149 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992
"Mr. Speaker, to the Bill, what Representative Hartke says has a ring of truth in it, that's for certain, but agriculture is industry, not unlike other industries and entities in this state, where volunteers do appear and willingly serve. I think all people who are designated as employees of soil and water conservation districts are amply rewarded in salary. To volunteer for a board is no different than volunteering for a school board, other boards that serve other entities, and I think this is just at the wrong time in the history of the state, raising a fiscal matter, where there's not really a need at this hour. I don't think there's a lack of volunteers to serve on these boards. If someone resigns, there's always someone to step forward and fill in, and I would urge careful consideration of this Bill. Thank you."
"Representative Ropp."
"Thank you, Mr. Speaker. I'd like to ask the Sponsor a question or two."
"Yes, proceed, proceed."
"Representative, you kindly indicate that soil is rather important. Is that correct or not correct?"
"Oh, I'm not gonna for soil.."
"No, soil, did you say soil wasn't very important?"
"No, I...I didn't say that, Gordy. Soil is very important."
"Well, I'm trying to help you out on your Bill, really. I mean, that's more than I can recall you doing occasionally. No, really this doesn't say that we're going to give everybody $100 more, does it?"
"Absolutely no. That's what's so ludicrous about the position paper from the Department of Agriculture. This 150 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day is...totally permissive." May 12, 1992
"Okay I guess I would almost say that probably every Legislator here, probably on our salaries, makes more than $100 a day. Do they not?"
"I would guess so, yes."
"And it seems like these gentlemen who volunteer, who traditionally, apparently, don't even ask for the $20. As I understand it, less than a fourth of them, even take the Hartke: $20." "That's right. Many of them not even the mileage that it takes to get there."
"So, what you're really asking, which I really think is almost excessive, I... I really don't think you ought to ask for $100 because it looks like the percentage increase is higher than what is normal. To me, we've seen these fellows operate for years and years, at almost no cost at all, and then to almost go from nothing up to a hundred, is more than this Body normally would accept. I would think that you might want to consider pulling this back and maybe raising it to $40 or $50, which would be a little bit more than..."
"Do you really think that would make a difference?"
"Pardon?"
"Do you really think that would make a difference?"
"Well, I, it would be for me. I just, I think people in general, we've passed legislation already that allows for other groups to increase rather substantially that even get more than $100 a day and certainly those who are dealing with the conservation of our...one of our most natural and cherished possessions here in the state, soil, as well as a wise use of water, certainly would be worth that. And I think for, even though we're on tight financial situation, 151 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 it seemed to me like farmers should not be asked to work for nothing either and so you might want to consider that."
"Representative Hartke, to close. The questions, is 'Shall this Bill pass?' 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 Bill there are 10 'ayes' and 97 'noes'. House Bill 3750, having failed to receive a Constitutional Majority, is hereby declared lost. The Chair is not ready to adjourn, but the Chair did want to remind everyone, on your desk is a schedule that points out that the House group picture will be taken tomorrow morning at 9:00 a.m. At 9:00 a.m. when we go in Session. So if you want to be in the picture, be here at 9:00 a.m. tomorrow. House Bill 3773, Representative Hasara. Read the Bill, Mr. Clerk."
"House Bill 3773, a Bill for an Act to amend the Abandoned Mined Land and Water Reclamation Act. Third Reading of the Bill."
"Representative Hasara."
"Thank you, Mr. Speaker. This Bill amends the Abandoned Mined Lands and Water Reclamation Act to permit the Reclamation Council to reclaim land that's become newly eligible under federal law. It's all federal money, paid for by the coal companies. I move for its adoption."
"Any discussion? The question is, 'Shall this Bill pass?' All those in favor vote 'aye'. Opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill there are 116 'ayes', and 0 'nays'. House Bill 3773, having received the Constitutional Majority, is hereby declared passed. House Bill 3824, Representative Ropp. Mr. Clerk, read the Bill."
"House Bill 3824, a Bill for an Act to amend the 152 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day Counties Code. Third Reading of the Bill."
"Representative Ropp." May 12, 1992
"Thank you, Mr. Speaker, Members of the House. House Bill 3824 allows the county board to provide, by ordinance, that a person charged with violating a county ordinance may plead guilty to the charged violation and pay the fine and costs specified for the offense, without having to appear in court. Currently, the current law states that anyone who is violating this particular ordinance must appear in court. We're attempting to relieve that provision that they must appear in court, assuming they just pay the fine. Urge your favorable support."
"And on that, Representative Klemm."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Yes."
"Representative Ropp, will the person who pleads guilty, will they waive then, under their agreement, any reason for a trial or a hearing before the court?"
"It would certainly seem reasonable that that would occur. Yes."
"Does the Bill require that?"
"I don't have the Bill right in front of me, but that's my intent."
"All right, fine if that's your intent, because I think it would be important that they do waive that, otherwise they can come back at the county and maybe cause some problems. So I do support it with those changes."
"Thank you very much. I'd be happy to answer any other questions or move for your support."
"Representative Ropp, to close."
"Mr. Speaker, I just ask for a favorable vote."
"Representative Lang, did you wish to talk on 153 140th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 12, 1992 this? I'm sorry. No. The question is 'Shall this Bill pass?' 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 Bill, there are 110 'ayes', and 0 'nays'. House Bill 3824, having received the Constitutional Majority, is hereby declared passed. Page 32 of the Calendar. House Bill 3456, Representative Keane. Mr. Keane it's your Bill. Your request is to bring this back to Second Reading for purposes of an Amendment?"
"I believe this is Representative Steczo's Bill."
"Mr. Steczo."
"Thank you, Mr. Speaker. I'd ask leave to bring House Bill 3456 back to the Order of Second Reading for the purposes of an Amendment, please?"
"The Gentleman asks leave to return the Bill to Second Reading. The Bill is on Second Reading. Mr. Clerk, are there any Amendments?"
"Floor Amendment #4, offered by Representative Keane."
"Representative Keane."
"Thank you, Mr. Speaker. When this Bill was on Second before, there was some concern regarding the hold harmless language. This Amendment does nothing but clarify that as specifically as possible. I move its adoption."
"The Gentleman moves for the adoption of Amendment #4. All in favor say 'aye'. Opposed, 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Agreed Resolutions."
"House Resolution 1914, offered by Representative 154 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 Obrzut; 1916, J. Hoffman; 1917, Ryder; 19809 (sic) , McAfee; 1919, McGann; 1920, Johnson; 1921, Matijevich; 1922, DeJaegher; 1923, DeJaegher; 1924, DeJaegher; 1925, DeJaegher; 1926, DeJaegher; 1927, DeJaegher; 1928, Noland; 1929, Black; 1930, Johnson; 1931, Shaw; 1932, Capparelli; and 1933, Shirley Jones."
"Representative Matijevich?"
"Speaker, we've examined the Resolutions. I move the adoption of the Agreed Resolutions."
"Gentleman moves the adoption of the Agreed Resolutions. All in favor say 'aye'. Opposed, 'no'. The 'ayes' have it. The Agreed Resolutions are adopted. General Resolutions."
"House Resolution 1915, offered by Representative Daniels."
"Representative, the Committee on Assignment. Introduction, First Reading."
"House Bill 4206, offered by Representative Curran, a Bill for an Act to amend the Illinois Pension Code. First Reading of the Bill. House Bill 4207, offered by Representative Curran, a Bill for an Act to amend the Illinois Pension Code. First Reading of the Bill."
"Rules Committee. Any announcements? Representative Kubik on an announcement."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Just for the purposes of an announcement, earlier today, Representative Stange was not recognized as being excused. He was excused. We apologize for the slip-up. So Representative Stange was excused today."
"All right. Thank you. Mr. Clerk, Mr. Lang should not be on the Attendance Roll Call. What'd I say? I'm sorry. Representative Stange. Stange. All right 155 STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 140th Legislative Day May 12, 1992 pictures will be taken at 9:00 a.m. Representative Matijevich now moves that the House stand adjourned until tomorrow at the hour of 9:00 a.m. All in favor say 'aye'. Opposed, 'no'. The 'ayes' have it. The House stands adjourned." 156 REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 87TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 12, 1992 92/09/29 09:02:04 HB-0600 SECOND READING PAGE 22 HB-0825 SECOND READING PAGE 22 HB-0825 OUT OF RECORD PAGE 23 HB-1042 SECOND READING PAGE 4 HB-1495 THIRD READING PAGE 112 HB-2225 SECOND READING PAGE 13 HB-2225 HELD ON SECOND PAGE 13 HB-2653 THIRD READING PAGE 109 HB-2681 SECOND READING PAGE 40 HB-2697 SECOND READING PAGE 62 HB-2697 OUT OF RECORD PAGE 62 HB-2723 SECOND READING PAGE 57 HB-2741 SECOND READING PAGE 54 HB-2750 SECOND READING PAGE 47 HB-2767 SECOND READING PAGE 48 HB-2770 THIRD READING PAGE 100 HB-2770 OUT OF RECORD PAGE 100 HB-2803 SECOND READING PAGE 40 HB-2812 SECOND READING PAGE 18 HB-2812 RECALLED PAGE 81 HB-2833 SECOND READING PAGE 84 HB-2834 SECOND READING PAGE 84 HB-2847 THIRD READING PAGE 113 HB-2865 SECOND READING PAGE 55 HB-2884 SECOND READING PAGE 55 HB-2884 OUT OF RECORD PAGE 55 HB-2889 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SECOND READING PAGE 49 HB-3594 SECOND READING PAGE 6 HB-3623 SECOND READING PAGE 61 HB-3662 THIRD READING PAGE 139 HB-3662 OUT OF RECORD PAGE 139 HB-3673 SECOND READING PAGE 59 HB-3673 OUT OF RECORD PAGE 60 HB-3675 THIRD READING PAGE 140 HB-3676 THIRD READING PAGE 140 REPORT: TIFLDAY PAGE: 003 STATE OF ILLINOIS 87TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 12, 1992 92/09/29 09:02:04 HB-3686 THIRD READING PAGE 141 HB-3687 SECOND READING PAGE 85 H8-3689 SECOND READING PAGE 25 HB-3716 THIRD READING PAGE 97 HB-3715 OUT OF RECORD PAGE 97 HB-3741 SECOND READING PAGE 79 HB-3749 THIRD READING PAGE 144 HB-3749 OUT OF RECORD PAGE 147 HB-3750 THIRD READING PAGE 147 HB-3773 THIRD READING PAGE 152 HB-3781 SECOND READING PAGE 23 HB-3781 OUT OF RECORD PAGE 24 HB-3785 THIRD READING PAGE 102 HB-3787 SECOND READING PAGE 60 HB-3796 SECOND READING PAGE 86 HB-3799 SECOND READING PAGE 67 HB-3813 SECOND READING PAGE 64 HB-3824 THIRD READING PAGE 153 HB-3832 SECOND READING PAGE 15 HB-3854 SECOND READING PAGE 86 HB-3856 SECOND READING PAGE 24 HB-3886 THIRD READING PAGE 97 HB-3886 OUT OF RECORD PAGE 98 HB-3892 SECOND READ ING PAGE LO HB-3908 SECOND READING PAGE 87 H8-3911 SECOND READING PAGE 61 HB-3965 SECOND READING PAGE 87 HB-3965 OUT OF RECORD PAGE 87 HB-4005 SECOND READING PAGE 65 HB-4005 SECOND READING PAGE 80 HB-4005 HELD ON SECOND PAGE 65 HB-4006 SECOND READING PAGE 80 HB-4009 SECOND READING PAGE 42 HB-4010 SECOND READING PAGE 24 HB-4028 SECOND READING PAGE 61 HB-4049 SECOND READING PAGE 42 HB-4056 THIRD READING PAGE 98 HB-4056 OUT OF RECORD PAGE 99 HB-4057 SECOND READING PAGE 87 HB-4058 SECOND READING PAGE 16 HB-4059 SECOND READING PAGE 42 HB-4101 SECOND READING PAGE 51 HB-4101 OUT OF RECORD PAGE 51 HB-4105 THIRD READING PAGE 104 HB-4160 SECOND READING PAGE 65 HB-4162 SECOND READING PAGE 66 HB-4163 SECOND READING PAGE 87 HB-4166 SECOND READING PAGE 13 HB-4170 SECOND READING PAGE 13 HB-4170 SECOND READING PAGE 38 HB-4170 HELD ON SECOND PAGE 13 HB-4170 HELD ON SECOND PAGE 38 HB-4206 FIRST READING PAGE 155 HB-4207 FIRST READING PAGE 155 *HJR-0107 DISCUSSED PAGE 2 SUBJECT MATTER HOUSE TO ORDER SPEAKER MCPIKE PAGE 1 PRAYER - FATHER MICHAEL MULLINK PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 1 REPRESENTATIVE LAURINO IN THE CHAIR PAGE 25 REPRESENTATIVE MCPIKE IN THE CHAIR PAGE 40 REPORT: TIFLDAY PAGE: 004 STATE OF ILLINOIS 87TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX 92/09/29 09:02:04 MAY 12. 1992 SUBJECT MATTER SPEAKER MADIGAN IN THE CHAIR REPRESENTATIVE SATTERTHWAITE IN THE CHAIR CONSENT CALENDAR THIRD READING REPRESENTATIVE LAURINO IN THE CHAIR REPRESENTATIVE KEANE IN THE CHAIR REPRESENTATIVE MCPIKE IN THE CHAIR AGREED RESOLUTIONS GENERAL RESOLUTIONS ADJOURNMENT PAGE 58 PAGE 88 PAGE 91 PAGE 101 PAGE 123 PAGE 140 PAGE 154 PAGE 155 PAGE 156