Illinois House Floor Debate — June 16, 1992

"The House will be in order. June 16, 1992 The Members will be in their seats. We'll be led in prayer today by Father Dan Jurec of St. Charles Church in DuBois, Illinois. Father Jurec is the guest of Representative Deering. Father Jurec."

"And let us pray. Almighty Father, we humbly thank You for this good land which You have given us for our inheritance. We pray that we may always prove to be a people mindful of Your love and kindness toward one another. Bless our country and our state with honest labor; save us from violence, discord, confusion; from pride and arrogance; from every evil. Preserve and increase our liberties. Father, we ask You to fill with the spirit of wisdom and understanding, the spirit of concern and kindness, these to whom we entrust the authority of government, our state Legislators. May they seek ways to bring peace and justice to all their constituents. Help them to find solution to the pressing problems in our state. Give them the courage to protect the weak and the vulnerable, to aid in the education of our youth, to help the unemployed to find meaningful work, to ease the burdens of the elderly and to seek harmony between all the folks who live in our state. And, Father, in time of prosperity fill the hearts of our Representatives with thankfulness and gratitude and in time of trouble do not allow their trust and hope in You to fail. And, finally, Father, we ask You to continually bless the Chicago Cubs, as they keep their mastery over St. Louis (winning seven out of ten this year so far). May they and the White Sox together come to the World Series and may the Cubs smoke 'em in four. We pray this prayer, Father, through our Lord, Jesus Christ, who lives with You and the Holy Spirit 1  155th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 as God, forever and ever. Amen."

"Thank you, Father. You carved a niche for yourself in the House of Representatives. Representative Deering will lead us in the Pledge of Allegiance, please."

"I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all."

"Roll Call for Attendance. He forgot to mention the Bulls. Representative Kubik, do you have...any.."

"No excused absences on this side."

"How about Mr. Matijevich?"

"The Democrats are here, cub fans and all."

"There being 100 Members on the roll call, there is a quorum present. On behalf of the Members of the General Assembly, on behalf of Representative McPike, we'd like to move to Resolutions and have the Clerk read a Resolution commending the group that's in front of the Speaker's circle."

"House Resolution 1985, offered by Representative McPike: WHEREAS, The Future Homemakers of America/Home Economics Related Occupations is one of the largest vocational student organizations in the United States; and WHEREAS, There are 281,000 members, including 8,614 members throughout the great State of Illinois; and WHEREAS, The family is an integral part of social (sic- society) and the Future Homemakers of America/Home Economics Related Occupations is the only youth organization with the family as its central focus; and WHEREAS, A work and family ethic is important to our State and the Future Homemakers of America/Home Economics Related Occupations encourages personal growth, leadership development, vocational 2  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 preparation, and family and community involvement; and WHEREAS, Thousands of members in Illinois are developing leadership skills to last a lifetime in the work place and in the home; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we recognize the Future Homemakers of America/Home Economics Related (Organization) Occupations student youth organization present here today and congratulate them for their efforts in working toward a better Illinois; and be it further RESOLVED, That we proclaim June 16, 1992, as Home Economics Legislative Day in the State of Illinois; and be it further RESOLVED, That a suitable copy of this preamble and resolution be presented to the Legislative Chair for the Vocational Home Economics Teachers Association."

"Thank you, Mr. Clerk. Up above the Speaker's gallery are also some more members that belong to this contingent that's in front of the Clerk's desk. Michelle Schramer will say a few words on behalf of the students."

"Good afternoon. My name is Michelle Schramer and I attend East Aurora High School. I am the vice president for the Illinois Association of Future Homemakers of America Home/Economic Related Occupations, and I would like to introduce to you the 1992-93 state officer team: From Region 1, Stephanie Schultz', (Raise your hand, raise your hand; from Grant Park High School, Stephanie's from Grant Park High School; from Region 2, Sherry Newcomer from Polo High School; from Region 3, Heather Jones from Dwight Township High School; from Region 4, Lisa Gilette from Central A and M High School; from Region 5, Linda Bachowitz from Lincolnwood High School; from Region 6, Mandy Cat from Oblong High School; and from Region 7, Sara Sealy from 3  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 Gallatin County High School. We are presently involved in a leadership workshop, and I would like express our thanks in allowing us to visit you today. Thank you."

"Representative Black, for what reason do you rise? Your light's on. Oh, Roop. I'm sorry, Representative Ropp."

"Thank you, Mr. Speaker. I just was going to...on behalf of all of us here in the Legislature commend and congratulate these young ladies, as well as those in the...in the balcony for their outstanding work as a youth organization in their co-operative efforts to become better citizens here in the State of Illinois, so hats off, young Ladies and Gentlemen. We're all proud of you."

"You've heard the Gentleman's Motion. All in favor signify by saying 'aye', those opposed, 'nay.' The 'ayes' have it, and the Resolution's adopted. Agreed Resolutions."

"House Resolution 2146, offered by Representative DeJaegher; 2147, DeJaegher; 2148, DeJaegher; 2149, DeJaegher; 2150, White; 2151, DeJaegher; 2152, DeJaegher; 2153, DeJaegher; 2154, DeJaegher; 2155, DeJaegher; 2156, DeJaegher; 2157, DeJaegher; 2158, DeJaegher; 2159, DeJaegher; 2160, Ryder; 2161, Ryder; 2162, Ryder; 2163, Ryder; 2164, Novak; 2166, White; 2167, McNamara and 2168, McNamara. Also House Joint Resolution 148, offered by Representative Wyvetter Younge."

"Representative Matijevich."

"Speaker, I move the adoption of the Agreed Resolutions."

"Hearing the Gentleman's Motion, all in favor will signify by saying 'aye' and those opposed, 'nay'. The 'ayes' have it, and the Resolutions are adopted. Death 4  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day Resolutions."

June 16, 1992 "House Resolution 2165, offered by Representative Anthony Young, with respect to the memory of Everett T. Howard, Sr."

"Matijevich. moves the adoption of the Death Resolution. All in favor signify by saying 'aye', those opposed, 'no'. The 'ayes' have it. The Resolution's adopted. The General Assembly, it's the intention of the Chair to go to Special Orders, Second Reading, Bills that do not have Amendments. Second Reading, Bills that do not have Amendments, Special Order List, starting with Government Administration. Representative McPike. Out of the record. Representative Peterson to House Bill 1948. Representative Bill Peterson? He's not in the chambers. Out of the record. Representative Walsh. House Bill 1984. Read the Bill, Mr. Clerk. Senate Bill 1984."

"Senate Bill 1984..."

"Any Motions?"

"A Bill for an Act in relation to legislative support agencies in the Bureau of the Budget."

"Any Committee Reports?"

"Second Reading of the Bill. No Committee or Floor Amendments."

"Third Reading. Moving on to Special Orders of Business, Human Services, Senate Bill 1717, Representative LeFlore, 17...1717, and he's not in the chamber SO we'll take it out of the record. Neither is Representative Turner in the Chamber. Representative DeJaegher, do you wanna call Senate Bill 2088? He wishes that to be out of the record. Representative Preston is not in the Chamber. Representative Parke, do you wanna call 1846, Senate Bill 1846? Read Senate Bill 1846, Mr. Clerk." 5  155th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992

"Senate Bill 1846."

"Any Motions? It isn't on Third Reading? Out of the record. Representative Parke, do you wanna call Senate Bill 1922? Mr. Clerk, read Senate Bill 1922."

"Senate Bill 1922, a Bill for an Act to amend the Illinois Insurance Code. Second Reading of the Bill. No Committee or Floor Amendments."

"Third Reading. Special Order of Business, Criminal Law, Representative Currie. Currie in the chambers? Representative Laurino. Not in the chambers? Rotello is not in the chambers. Representative Parke, on Senate Bill 2114. Mr. Clerk, read Senate Bill 2114."

"Senate Bill 2114, a Bill for an Act in relation to criminal law. Second Reading of the Bill. No Committee or Floor Amendments."

"Third Reading. McAfee in the building...the chambers? Representative Kulas in the chambers? Representative Phelps? Do you wanna call Senate Bill 1695? (Senate Bill) 1695? Mr. Clerk, read Senate Bill 1695."

"Senate Bill 1695, a Bill for an Act to amend the Downstate Public Transportation Act. Second Reading of the Bill. No Committee or Floor Amendments."

"Third Reading. Senate... Representative Lang, do you wanna read...call Senate Bill 2088? (Senate Bill) 2088? Representative Lang."

"Thank you, Mr. Speaker. I have a Motion on file to extend the Third...to extend the Third Reading deadline on this Bill to the end of the Veto Session. It's been cleared with the other side."

"Well, take it out of the record temporarily."

"That's fine."

"Representative Steczo in the chambers? 6  155th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 Representative Phelps, do you wanna call Senate Bill 2057? Mr. Clerk, read Senate Bill 2057."

"Senate Bill 2057, a Bill for an Act concerning mines and mining. Second Reading of the Bill. No Committee or Floor Amendments."

"Third Reading. The Clerk is preparing a list of people that have Senate Bills on Second Readings that want to place Amendments on those Bills. Would you please come up and signal to the Clerk which Bills you want called that you have an Amendment prepared for on Senate Bills that are on Second Reading. He is preparing a list. Mr. Clerk, we'll go back to Senate Bill 1948 that we inadvertently passed over. (Senate Bill) 1948. Senate Bill 1948 under Government Administration. Read the Bill, Mr. Clerk."

"Senate Bill 1948, a Bill for an Act to amend the Illinois Low Level Radioactive Waste Management Act. Second Reading of the Bill. No Committee or Floor Amendments."

"Third Reading. On the Calendar, appears Government Operations, Second Reading. Bills without Amendments on Second Reading, Senate Bill 1588, Representative Edley. Do you want Senate... Mr. Clerk, read Senate Bill 1588."

"Senate Bill 1588, a Bill for an Act to amend the State Prompt Payment Act. Second Reading of the Bill. No Committee or Floor Amendments."

"Third Reading. Mr. Edley, on Senate Bill 1589. Read the Bill, Mr. Clerk."

"Senate Bill 1589, a Bill for an Act to amend the State Prompt Payment Act. Second Reading of the Bill. No Committee or Floor Amendments."

"Third Reading. Representative Cowlishaw? Is 7  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 she in the chambers? Representative Kubik? Senate Bill 1901. Mr. Clerk, read Senate Bill 1901."

"Senate Bill 1901, a Bill for an Act to amend the Illinois Horse Racing Act of 1975. Second Reading of the Bill. No Committee or Floor Amendments."

"Third Reading. Senator Hultgren? Senator Hultgren in the chambers? On Senate Bill 2190, do you want the Bill called? Read the Bill, Mr. Clerk. Senate Bill 2190."

"Senate Bill 2190, a Bill for an Act concerning codification and revision of statutes. Second Reading of the Bill. No Committee or Floor Amendments."

"Third Reading. Representative McGann, would you like Senate Bill 1604 called? Read the Bill, Mr. Clerk. Senate Bill 1604."

"Senate Bill 1604, a Bill for an Act relating to transition support for youth and disabilities...with disabilities or handicaps. Second Reading of the Bill. No Committee or Floor Amendments."

"Third Reading. Representative Trotter, would you like Senate Bill 1692 called? Out of the record. Representative Wolf, on Senate Bill 1771. Read the Bill, Mr. Clerk."

"Senate Bill 1771, a Bill for an Act to amend the Illinois Pension Code. Second Reading of the Bill. Amendment #1 was adopted in committee."

"Any Motions or further Amendments?"

"No Motions filed. No Floor Amendments."

"Third Reading. Representative Schakowsky wants Senate Bill 2075 called? Out of the record. Representative Santiago. Is he in the chamber? Out of the record. Representative Kubik? Kubik do you want Senate 8  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 Bill 1516 called? Representative Kubik? Out of the record. Sen... Representative Schoenberg? Representative Schoenberg, do you want Senate Bill 1565 called? Schoenberg? Read the Bill, Mr. Clerk, Senate Bill 1565."

"Senate Bill 1565, a Bill for an Act to amend the Air Rifle Act. Second Reading of the Bill. No Committee or Floor Amendments."

"Third Reading. Representative Cowlishaw. Is she in the chambers? Representative Walsh? Representative Walsh, would you like Senate Bill 1764 called? Call the Clerk...Call the Bill, Mr. Clerk. Senate Bill 1764."

"Senate Bill 1764, a Bill for an Act to amend the Environmental Protection Act. Second Reading of the Bill. No Committee or Floor Amendments."

"Third Reading. Mr. Novak, Senate Bill 1930. He's not in the chambers. Representative Weller? Senate Bill 1954, do you want that called? Read the Bill, Mr. Clerk. Senate Bill 1954."

"Senate Bill 1954, a Bill for an Act to amend the Environmental Protection Act. Second Reading of the Bill. No Committee or Floor Amendments."

"Third Reading. Representative McAfee. Is he in the chambers? Representative Cowlishaw? Representative Davis? Oh, Monique Davis, Senate Bill 1997, would you want that called? Sen...Out of the record Mr. Clerk. Representative Wolf, on Senate Bill 1923. Read the Bill, Mr. Clerk. Senate Bill 1923."

"Senate Bill 1923, a Bill for an Act to amend the Illinois Pension Code. Second Reading of the Bill. Amendment #1 was adopted in committee."

"No further Amendments?"

"No Motions. No Floor Amendments." 9  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 155th Legislative Day

"Third Reading. Clerk, let's go back to...let's go back to Elementary and Secondary. Second Readings. No Committee, no Amendments. Senate Bill 1997. Senate Bill 1997. Representative Davis."

"Thank you, Mr. Speaker..."

"Sorry, Mrs. Davis. Read the Bill, Mr. Clerk."

"Senate Bill 1997, a Bill for an Act to amend the School Code."

"Out of the record."

"Out of the record, Mr. Clerk. This Bill's Third Reading. Third Reading, Government Administration. Representative Steczo, on Senate Bill 698. Representative Steczo? Senate Bill 698, Third Reading. Read the Bill, Mr. Clerk."

"Senate Bill 698, a Bill for an Act to amend the Illinois Certified Shorthand Recorders Act. Third Reading of the Bill."

"Representative Steczo, on Senate Bill 698."

"Thank you, Mr. Speaker, Members of the House. Senate Bill 698, as amended in the House, deletes everything after the enacting clause which deals with Illinois certified shorthand reporters, and it addresses instead the premium finance article of the Insurance Code and it deletes the requirement that the named insured must personally sign a premium finance agreement and authorizes the signing of a premium finance agreement on behalf of the insured. This is language that we had heard during the fall Veto Session. Unfortunately, it was not successful in the Senate. This language also provides a lot of guarantees and protections so that in such a case where this takes place that copies of the information gave to be provided to the individual and that there's cancellation notices et cetera. So, Mr. 10  155th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 Speaker, since the House has unanimously approved this provision before, I would defer to any questions and if not ask for a 'yes' vote.

"Representative Black on Senate Bill 698."

"Yes. Thank you very much, Mr. Speaker. Will the Sponsor yield? Representative, in your explanation, I think you made it very clear that this Bill as amended in committee, no longer amends the Certified Shorthand Reporters Act in any way, shape or form."

"That is correct."

"You're simply amending the Insurance Code for the regulation of premium finance arrangements. Correct?"

"That's correct."

"Now since this failed in the Senate...previously, whatever they objected to, has that been...worked out?"

"My understanding, Representative Black, is that there was a misinterpretation and as you recall in the fall this passed on the last date of the fall...of the fall Veto Session and there wasn't really time to correct any misinformation that there might be. My understanding is that's no longer a problem and the Sponsor have requested another chance. We're doing that on Senate Bill 698."

"All right. Thank you very much."

"The question is, 'Shall Senate Bill 698 pass?' All those in favor will signify by voting 'aye' and those opposed by voting 'nay'. Voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 116...117 'ayes', 0 'nays', none voting 'present', and this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bugielski in the chambers? Out of the record. Representative LeFlore. on Senate Bill 1717? 11  155th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 Out of the record. Representative Preston is not in the chamber? Representative Currie? Do you wanna call Senate...? Representative Currie? Currie, Senate Bill 1965? Out of the record. Preston? Is Preston in the chamber? Out of the record. Representative Capparelli, on Senate Bill 1519, Banking? Out of the record. Representative Parke, on Senate Bill 1846? Read the Clerk, Mr....Read the Bill, Mr. Clerk."

"Senate Bill 1846, a Bill for an Act relating to Public Community College System. Third Reading of the Bill."

"Representative Parke, on Senate Bill 1846."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1846 establishes the formula which is used by the State Board to distribute funds to the community colleges. This was presented last week. Representative Satterthwaite had a question. We have answered her question, and I know of no opposition. I would ask for a favorable vote on this Bill."

"Are there any...no one seeking debate, then the question is, 'Shall this Bill pass?' 'Shall Senate Bill 1846 pass?' All those in favor will signify by voting 'aye' and those opposed by voting 'no'. Voting is open. Have all voted who wish? Vote Representative Dunn someone. Representative Edley? Have all voted who wish? Representative Satterthwaite, I'm sorry."

"Just to explain my vote. Although I'm not objecting to having the Bill moved forward at this time, the method used for calculation of the distribution of the funds does adversely affect the community college in Champaign County, and therefore I am voting 'present' in hopes that we can review the process next year and perhaps 12  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 find a way that we can protect districts that otherwise are big losers in the process."

"Thank you, Miss Satterthwaite. Have all voted who wish? Take the record, Mr. Clerk. On this question, there are 113 'ayes', 0 'nays', 2 voting 'present' and this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Regan, do you wanna call your Senate Bill 1638? Read...read the Bill, Mr. Clerk. Out of the record. Representative Obrzut. Representative Obrzut, do you wanna call Senate Bill 1892? Out of the record. Representative Dunn, do you wanna call 1979? Senate Bill 1979? Representative Dunn, we're creating a special list for Bills that wanna go back from Third to Second down here at this... Take it out of the record. Representative McAfee in the chamber? Is Representative McAfee in the chamber? Representative Currie? Under Criminal Law, Senate Bill 744. Out of the record. Is Representative Laurino in the chamber? Rotello...Representative Parke, do you wanna call Senate Bill 2114? Read the Bill, Mr. Clerk. Senate Bill 2114."

"Senate Bill 2114."

"No. Out of the record. Out of the record. Third Readings only. Criminal Law, Third Reading, Representative Steczo, would you like to call Senate Bill 1763? Out of the record. Representative Hasara. Representative Hasara, Senate Bill 1907? Would you like to call Senate Bill....Read the Bill, Mr. Clerk. Senate Bill 1907."

"Senate Bill 1907, a Bill for an Act to amend certain Acts in relation to workers compensation claims of state employees. Third Reading of the Bill."

"Representative Hasara, on Senate Bill 1907." 13  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 155th Legislative Day

"Thank you, Mr. Speaker. This Bill provides that the Department of Central Management Services shall make a change in the way it charges the employing state agency or university for an employee who has been on disability and comes back to work. It's actually an incentive to get employees who have been on disability to be accepted by the agency for which they work and we do expect it to get people back to work faster and...and to save us some money. There's no objection to the Bill. It's agreed to by AFSCME and all groups that have been interested in it, SO I ask for your support of this Bill."

"There being no indication of anyone to question the issue, the question is, 'Shall Senate Bill 1907 pass?' All those in favor will signify by voting 'aye' and those opposed by voting 'nay'. Voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 114 'ayes', 0 'nays', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mautino, do you wanna call Senate Bill 626? Out of the record. Representative Keane in the chambers? Is Representative Keane in the chambers? Not in the chambers. Representative McGann, would you like to call 2128? Senate Bill 2128? Mr. Clerk, read Senate Bill 2128."

"Senate Bill 2128, a Bill for an Act to amend the Illinois Purchasing Act. Third Reading of the Bill."

"Representative McGann, on 2128."

"Excuse me, Mr. Speaker. Will you take it out of the record?"

"Out of the record. Representative McGuire, do you wanna call Senate Bill 1499? Read the Bill, Mr. Clerk. 14  155th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 Senate Bill 1499."

"Senate Bill 1499, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of the Bill."

"Representative McGuire, on Senate Bill 1449. (Senate Bill) 1499 rather."

"Thank you, Mr. Speaker. I have Senate Bill 1499 (amends the Illinois Vehicle Code) and what it does is authorizes the Secretary of State to suspend a person's driving privileges for three years upon conviction of the offense of aggravated discharge of a firearm if the person was operating a motor vehicle at the time of the offense. The Bill is called the 'Drive-By Shooting' Bill. I think we've had...discussion of it...in committee, and if there are any questions I'd be happy to try and answer them. The Bill is...in the Senate received the support of the Secretary of State and in the House, the Secretary of State was more or less neutral on the Bill. Any questions?"

"Is there any discussion? There being no discussion...Representative Black, on Senate Bill 1499."

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

"He indicates he will."

"Representative, if I understand your Bill, this gives the Secretary of State the discretionary authority to suspend a drivers license for someone who is convicted of a drive by shooting. I'm not an attorney, but I...I would have thought that if you were convicted of a drive-by shooting you are going to lose your drivers license anyway."

"I'm...I'm not an attorney either, Representative, but I'm not so sure that's true."

"Now has the Secretary of State...requested this discretionary authority? I mean, I'm not opposed to the 15  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 Bill, believe me. I just...It seems to be superfluous in that I would assume that if you are convicted of a drive-by shooting you're gonna lose your drivers license for as long as you are incarcerated."

"I don't know that that's true."

"You...all right. So, you say there may be a loophole and that this might close that loophole then."

"Yes, you might say that, yes."

"Okay, I...as I say, I don't have any opposition to the...to the Bill.

"Thank you."

"I just...I thought it might perhaps be superfluous, but if you think there is a loophole that's good enough for me."

"Yes, the Secretary of State did not bring up that item, so I don't believe that's an issue."

"All right."

"Representative Williams, on Senate Bill 1499."

"Yes, I'd just like to ask the Sponsor a question."

"He indicates he will answer a question."

"Okay, a slight difference to Mr. Black in reading of the...legislation. I don't think it's necessarily says a drive-by shooting. I think it says convicted of a aggravated discharge of a firearm, if the defendant was located in a motor vehicle at the time the firearm was discharged. So, in essence, if you shoot a gun while you are in a car you would automatically be subject and if convicted of such, you would automatically be subject to loss of license. Is that correct? You don't have to shoot anyone or do anything like that, you just have to discharge a firearm while you are in a motor vehicle. Is that correct?" 16  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992

"Mr. McGuire? Repeat the question, Mr. Williams. I don't think he heard you."

"All that you have to do is discharge...be convicted of discharging a firearm while you are in a motor vehicle? It has nothing to do with a drive-by shooting per se?"

"Yes, I...I think you are right, the best that I can hear you. I think that is correct."

"Mr. Williams, do you have any further questions or didn't you hear an answer to that one? Do you want to repeat it again?"

"Okay, what is an aggravated discharge of a firearm? Does that...What is the offense? I mean what do you have to do to be guilty of aggravated discharge of a firearm?"

"Aggravated discharge of a firearm."

"Is that what the question is? Aggravated discharge of a firearm?"

"Yes, of a firearm, yes."

"I would say...I would say with some intent to cause injury, but I'm not an attorney. I'm not gonna try define that." to

"Okay. Well, I just...another question, yes, another question. What...after this is done...okay...This is a suspension for three years. No further questions."

"Representative Weller, on Senate Bill 1499. Representative Weller. Representative Weller? Representative Weller?"

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

"Indicates he will."

"Representative, what is the...If somebody is convicted of...of this offense currently what is their penalty? What is the... What happens to them after they're convicted?"

"Did you hear the question, Mr. McGuire? Repeat 17  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 the question, Mr. Weller."

"Representative, if someone is currently convicted of a drive-by shooting offense, what is the current penalty that would be given to them for this category of crime?"

"I have no idea right now. I'm not an attorney. I...I have no idea of the present criminal offense."

"Okay. Well, it's my understanding, according to our staff analysis, Representative, that if they are convicted of this type of an offense it's a Class 1 felony. A Class 1 felony would provide for a four to 15 year prison sentence. What causes me to ask then is, why then should we only suspend their drivers license for three years if they are going to be in prison for at least four?"

"That's the minimum sentence."

"The sentencing...that's the minimum sentence he replied. In other words, his sentence has nothing to do with suspensions."

"I...I understand that, but why do we only suspend the license for three years?"

"I think the..."

"The minimum sentencing is for four...."

"The length of a drivers license is three years, Representative."

"So then while they're in prison they would have the opportunity to get their drivers license back?"

"I wouldn't think so."

"You would not think so? Why...why then, I'm not necessarily opposed the Bill. why is there a need for this Bill if...their license would be taken away if they're convicted of a felony and they are going to be in for prison for longer than three years?"

"I'm awful sorry. I can't hear the question..." 18  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day

"He wants to know why there is a..." McGuire:

June 16, 1992 "The Secretary of State has the discretion to do what he wants with the license. If he wants to give the license back to someone in the state penitentiary, I think that's the Secretary's discretion." "No, Representative, my question is, why is there a need for this Bill if he is...this person, man or woman, is convicted is going to be in prison for at least four years, why is there a need then to suspend their license for three years?"

"I think it is a deterrent. As you know or may not know, most of the young people who commit drive-by shootings have the number one love of their life is their vehicle."

"So, actually you're saying that the deterrent of losing their drivers license is a stronger deterrent than going to prison for at least four years?"

"Could be. Could be."

"Possibly."

"Could be."

"All right. Thank you, Representative."

"Representative Novak, on Senate Bill 1499."

"Yes, Mr. Speaker, Ladies and Gentlemen of the House. I simply rise in support of this measure. I think it addresses some serious problems that often occur in urban areas, as well as Downstate small communities. Unfortunately, gangs use vehicles to perpetrate crimes against innocent victims, and I think we should all...all support this Bill. As the previous speaker indicated, some...even though someone may get a minimum of four years...conviction...upon an offense such as this, oftentimes some of those people might fall into a situation 19  155th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 where they get probation earlier than that or get out for some other reason. So I think this incentive for a three-year conviction is appropriate and I ask for your support."

"Representative Black, on Senate Bill 1499."

"Yes. Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. In all due respect to my colleague just north of me, Representative Novak, I would ask the Sponsor to take this Bill out of the record if he would. We can certainly get back to it today. I'm not opposed to the Bill. I think our two staffs should get together. There's a number of questions that keep coming up. Does it only apply to the driver? Whether or not the driver shot? Does it apply to everybody in the car? Maybe a passenger in the rear seat fired the gun. Does everybody lose their license? It seems as if all of a sudden there are more questions. I think the Bill will probably pass, but I think the Gentleman should perhaps take the Bill out of the record. Let people get together and let's make sure we know exactly what we're voting on here."

"Mr. McGuire."

"I think the Bill is specific on who is...convicted. It's who discharged the firearm in the vehicle, but we'll take it out of the record out of the courtesy of Representative Black and try to work it out, but I think the Bill's pretty specific."

"Okay, the Bill's out of the record."

"Thank you."

"We'll return back to House Bill, Second Reading, that do not have Amendments and that...Representative Santiago, on Senate Bill 2179. Would you like that Bill called? Mr. Clerk, read Senate Bill 2179." 20  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day

June 16, 1992 "Senate Bill 2179, a Bill for an Act to amend the Illinois Environmental Facilities Financing Act. Second Reading of the Bill. No Committee or Floor Amendments."

"Third Reading. Representative Steczo, on Mandates, Senate Bill 2056. Do you want the Bill called? Mr. Clerk, read Senate Bill 2056."

"Senate Bill 2056, (It's on Third Reading), a Bill for an Act in relation to the licensing of professional counselors and clinical professional counselors. Third Reading of the Bill."

"Representative Steczo."

"Thank you, Mr. Speaker, Members of the House. Senate Bill 2056 is a Bill that we in the House have considered before and passed overwhelmingly. This is a Bill that would give title protection to professional counselors in the State of Illinois. As you are aware, many hours have gone into posturing this Bill and amending this Bill, so that pretty much everybody has...has signed off and agreed to it. The counselors on their own have increased their...theirlicensure fee from $100 to $150, so this Bill will have a net positive effect to the State Treasury of over a million dollars if it's... if it's enacted and signed by the Governor. Counselors are the last part of the mental health professional that to this point in time has no title protection and of course where the public has no protections either. would...Mr. Speaker, answer any questions the Members might have and if not would ask for a 'yes' votes for Senate Bill 2056." I

"Representative Hasara, on Senate Bill 2056."

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

"He indicates he will."

"Representative, I just want to make sure that this does 21  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 cover those with a master's degree in psychology. Am I correct?"

"I believe it does."

"I hope that it does because that's been a group that's kind of been left out of some of the other legislation."

"That's the group, Representative Hasara, that has not been able to be licensed before as...as clinical psychologists, so in cases like that those people would be able to qualify for professional counseling licensure."

"Okay, thank you."

"Representative Preston, on Senate Bill 2056."

"Would the Gentleman yield for a question?"

"Indicates he will."

"Representative Steczo, does this Bill have in it some minimal educational and clinical experience requirements that are...that have to be met before a person can be licensed?"

"Anytime, Mr. Preston, when we license or to give provide title protection to professionals, we always include some minimal degree of education or experience that they must have."

"Do you know whether or not the various clinical psychologists associations have signed off on this Bill?"

"The clinical psychologists, Mr. Preston, I'm not really certain of, the psychiatrists and I believe the psychologists may not have signed off. However, objections that they had brought to our attention we've tried to address as best as we could."

"Thank you."

"Representative Cowlishaw, on the same Bill."

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I stand in support of Senate Bill 22  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 2056, and I would like to point out to you that although we had a duplicate Bill that was here in the House, because of the last minute rush on the day that was the final day for passing House Bills out of this chamber, that Bill was never called and consequently it is...it is lost, and this is the only Bill of its kind that we have left. So it is really important for us to pay attention to this Bill and if we favor it to pass it. I favor this Bill because I realize that we have increasing needs for...for mental health services among the citizens of this state and these people are indeed a part of that mental health team that we need to serve our people and what this does is to make sure that those people taking part in these team efforts are truly qualified. These are very sensitive subjects that are dealt with, and I think that this helps to protect the public and be sure that the services are professionally delivered. I urge a 'yes' vote on Senate Bill 2056."

"Senator Regan, on the same Bill."

"Thank you, Mr. Speaker and Members of the House. Will the Speaker yield for a question, please?"

"Indicates he will."

"Representative, how will this affect the mandates for health insurance payments of counselor services?"

"Mr. Regan, I don't think it impacts the...any kind of insurance reimbursement for counseling services. What we're...what we're offering here is title protection to those individuals and I'm not certain whether or not that automatically means that they would be reimbursed for...for insurance expenses. I do not believe so."

"How are they paid now?"

"They're not, they are paid by the individual. They are not reimbursed." 23  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day

"Are they also, though, June 16, 1992 by a higher...doctorate, authority, given the physician of healing and then the bill comes from the psychiatrist and the psychiatrist pays the counselor? Is that how it goes now?"

"Mr. Regan, if that's an arrangement that a counselor and a psychologist or a social worker or anybody else has, they would be under direct supervision of the psychiatrist and if the insurance company allows that to happen, I'm sure that would be permissible. Right now it's not permissible for counselors to...to bill insurance companies on their own and I'm not so sure if this Bill passed that that would change that."

"Thank you. To the Bill. As long as they would possibly remember that I remember and they don't come back next year and ask to be mandated coverage, I don't have too much problem other than the fact it's a new licensing Bill and the cost up front is not paid for."

"Representative Wennlund, on Senate Bill 2056."

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

"He indicates he will."

"Yes, Representative Steczo over the noise level in the House I believe I heard you describe the initial start up costs which our analysis say will cost the Department of Professional Regulation about $140,000 that simply isn't in the budget to put this licensure in place. Can you enlighten us, please?"

"Mr. Wennlund, what the counselors have done, they've done two things actually: First, they, on their own, have increased their licensure fee from $100 to $150, which makes it one of the higher licensure fees that we have in the State of Illinois; what they've also done, they've delayed the implementation of the Act from January 1st 24  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 until July lst. This allows the department to receive those checks for $150 from the...from the potential licensees so they can get the money up front and then have the licenses issued on July the 1st, SO this allows the department to be able to pay those up front expenses without at first issuing the license at the counselor's own request. They understand that there is a budget problem. They wanna help in their own way. They're allowing themselves to pay up front for their license, help the state in its financial...with its financial problem and in the meantime, over a four-year period of time have a balance, a balance to the state of probably about a million and a half dollars."

"So, what we require them to do is to register...to pay the license fee up front..."

"Pay for the license fee..."

"Give the department six months to go ahead and collect all the fees, and how many potential licensees would there be?"

"There's approximately 8,000, I think. My...I don't have my information with me on the House floor, but I do recall that as a number."

"So, in fact there won't be a first year start-up cost that will have to come out of GRF for additional appropriations to the Department of Professional Regulations."

"Was that a question? Could you repeat it, please?"

"So, that in fact that $140,000 start-up figure is incorrect?"

"Well, that's the start-up cost. Yes, that's how much it would cost the department. However, that will be taken care of by the up-front money that the counselors would 25  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day pay."

"Thank you very much." June 16, 1992

"Representative Robert Olson, on this same Bill."

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

"He indicates he will."

"Representative Steczo, House Amendment #4, or excuse me, House Amendment #1 dealt with marriage counselors and while it was adopted it was later tabled. That Amendment said that marriage counselors and family therapists would be designated qualified supervisors. My question is, even though this Amendment was tabled, what is a supervisor in relation to a counselor, and also where are the marriage and family therapists today if this Bill... Amendment did not stay on the Bill?"

"Mr. Olson, the to answer your two questions: First of all, in...in the pecking order as we look at mental health, mental health professionals. sometimes one professional cannot work without the supervision of another and so while psychiatrists may have to supervise a lower level professional, the thought behind that Amendment was that a counselor could be supervised by the marriage and family people. While that particular area may not have been a problem, there was a problem, however, saying that marriage and family therapists could automatically receive counselor licensure, just by the fact that they are marriage and family people. That is something that we did not agree to; that was in the Amendment. The Amendment was tabled because of that. We may come up with clean-up language in the future."

"So, a marriage therapist today is not really a counselor?"

"No, they are marriage and family therapists. We gave 26  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 155th Legislative Day them their licensure last year."

"Okay. Thank you."

"You had a second question. I can't remember what it is?"

"I think we covered them both. Thank you."

"Representative Weller, on the same Bill."

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

"He indicates he will."

"Representative, I'm trying to get a handle on the fiscal impact on the state with this legislation. It's my understanding on the fiscal note the start-up cost are $139,964, and in your response to a similar question earlier, you indicated that the applicants would pay up front about six months ahead of time before their licensing be considered?"

"I believe that's correct. Sure."

"Would you explain that to me again?"

"My understanding, at the counselor's own request, Mr. Weller, and I believe this is one of the few times this has ever happened and one of the first, the counselors agree that the state has...has a fiscal problem and the Governor has indicated that...that without money in the budget to be able to fund these new licensures that he would automatically veto those. So what the counselors have done or have requested we do is to be allowed to submit their money early January...after January 1st and the licenses will not be issued, I believe, until the following July. So that allows six months for the state to receive those dollars, make up for those start-up costs and issue the licenses later on."

"How many potential applicants are out there?"

"You know, Mr. Weller, I've got...If you've got the 27  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 fiscal note, you can tell me, but I...I have my file across the street not anticipating this Bill coming up today."

"But their application fee is $150 and..."

"That's correct. In fact, Mr. Weller, originally in the Bill there was $100 that counselors on their own requested it...requested that that fee be increased to $150. That is one of the highest licensure fees in the State of Illinois."

"The...what happens if someone submits an application, pays their $150 six months prior to being considered, and then they are turned down for an application. What is that procedure?"

"It would...it would be the same procedure that we would go through today if you applied to be a...a clinical psychologist or any other professional and had that application denied. It would be the same procedure that we currently use."

"So, they would be out of their money essentially?"

"That's correct."

"All right."

"Even if...even if they would apply after next July 1st, that same thing would happen."

"All right. The...a related...I think a related question here then is the...as your proposal comes forward then you feel that these application fees, $150, the number of counselors will totally recover every dollar of cost for the start-up costs and also for the administration of this license."

"That would be covered, Mr. Weller, and in addition to that there would be surplus to the state."

"How much surplus do you estimate there'd be?"

"If you have the fiscal note there perhaps you can 28  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 refresh my memory, but I believe at $100 the total surplus was somewhere in the neighborhood of about $800,000 to a million-two. With $150 being the...being the fee, I believe that it would be much greater than that. I know it would be much greater than that."

"The...in our staff analysis we also have a list of organizations that have opposed this licensure Bill: the Illinois State Medical Society, the Illinois Hospital Association, Municipal League. Are these organizations still in opposition to the Bill?"

"Mr. Weller, if...if there's opposition, it's nominal. The Hospital Association, I'm sure...I'm not sure is opposed. We addressed their problems last year. If there is opposition out there, it was nominal in committee of nonexistence so this is now one of the higher priorities if there is."

"My understanding is that Med Society, the Hospitals Municipal League are still opposed. Thank you, Representative."

"Representative Parcells, on Senate Bill 2056."

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

"He indicates he will."

"Terry, is...I have had several psychiatrists write me saying that this is a bad Bill because in the Bill there are some...of these counselors who had only four years of college and had been grandfathered in. Is that correct? Don't they have a...a graduate degree?"

"Representative Parcells, I...I don't have my file here. I...I can't answer the question. However, I can tell you that that whole question all last year came up as to what a...the qualifications for a professional counselor should be and when we finished our deliberations last year 29  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 155th Legislative Day everybody was pretty much satisfied that that was an appropriate level. I'm not so sure if the psychiatrists. would ever agree to anything that we would do because they were against I believe, clinical psychologists, they were against social workers and they'll probably against this too simply because they feel that they should be the only licensed mental health professionals."

"My only concern was that a four-year degree probably is quite a jump from...as extensive as most of these others have and their comment was that it was four years and then several years of practice and I just wanted to see, because I remembered this discussion last year and I thought we had eliminated that."

"I think we had taken care of that. Keep in mind, Representative Parcells, that without this Bill there is no requirements at all. So myself or yourself, with no beneficial experience at all, could call ourselves professional counselors and have people come off the street seeking our advice and our counsel and I'm not SO sure that's fair to the public, SO this Bill is...gives an opportunity to qualified people to register with the state and...and have that...title protected. Only they can be called professional counselors and clinical professional counselors."

"Thank you."

"Representative Steczo you may close."

"Thank you, Mr. Speaker. I think that this discussion was quite complete. This Bill has been on the drawing boards for two years. We have tried to cooperate with everybody who has raised any objection and most people who have raised some questions or objections we've...we've pretty much managed to satisfy. This Bill does...will do a 30  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 great service to the people of the State of Illinois because right now there are no qualifications for professional counselors. Anybody in this room, anybody in the State of Illinois, simply could hang out a shingle in the front of their house or office and say, 'I'm a professional counselor.' and that does not do the people of the State of Illinois any good or offer them any protection. This Bill satisfies the budgetary requirements; it satisfies the professional requirements. This Bill passed the House last year by a nearly unanimous vote. It's a good piece of legislation, and I would appreciate your 'yes' votes."

"The question is, 'Shall Senate Bill 2056 pass?' All those in favor will signify by voting 'aye', those opposed by voting 'nay'. Voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question, there are 99 'ayes', 6 'nays', 4 voting 'present', and this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair will return again to the Second Reading Bills that do not have Amendments in the effort to move them to Third Reading for final passage. We shall begin with Human Services, Senator...Representative LeFlore, on Senate Bill 1717. Out of the record. Representative Turner, on Senate Bill 1889. Senator...Representative Turner. Out of the record. Representative Preston, Senate Bill 2159? Out of the record. Representative Homer, on Senate Bill 1803? Bill Agent Licensing Act. Out of the record. Representative Currie, on Senate Bill 744. Out of the record. Representative Laurino. Is he in the chamber? Representative Rotello is not here? Representative McAfee. Is he in the chambers? Representative Kulas, on Senate 31  155th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 Bill 1700. Read the Bill, Mr. Clerk. Senate Bill 1700."

"House Bill 1700... Senate Bill 1700, a Bill for an Act in relation to medical and family responsibility leave. Second Reading of the Bill. No Committee Amendments."

"No Motions?"

"No Motions."

"Third Reading. Representative Lang, Senate Bill 2088, Vehicle Code, technical changes. Out of the record. Representative Steczo, on Senate Bill 1769. Representative Steczo in the chambers? Out of the record. Representative Edley. Is he in the chambers? Representative Curran? Out of the record. Edley do you wanna call 1589 or did we call it? We done...All right. Out of the record. Representative White, on Senate Bill 2138....Podiatry. Read Senate Bill 2138, Mr. Clerk."

"Senate Bill 2138, a Bill for an Act to provide grants for podiatry practice residency programs and student scholarships."

"He requests it...Out of the record. Representative Trotter. Senate Bill 1692. Out of the record. Representative Ryder. Representative Ryder in the chambers? Representative Schakowsky, Senate Bill 2075. Out of the record. Representative Kubik, Senate Bill 1516. Out of the record. Representative Cowlishaw, Senate Bill 1716. Read the Bill, Mr. Clerk, Senate Bill 1716."

"Senate Bill 1716, a Bill for an Act to amend the Natural Resources Act. Second Reading of the Bill. No Committee Amendments."

"Any Motions?"

"No Motions."

"Third Reading. Representative Novak, Senate 32  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 Bill 1931. Out of the record. Representative McAfee? Representative Cowlishaw, Senate Bill 1772? Read the Bill, Mr. Clerk, 1772"

"Senate Bill 1772, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendment #1 was adopted in committee."

"Any further Amendments?"

"No further Amendments."

"No Motions?"

"No Motions."

"Third Reading. Representative Stern. Stern? Representative Stern? Representative Stern? Do you wanna call Senate Bill 1713? (Senate Bill) 1713? Election Code? Out of the record. Representative Lang? He's out of the chambers. Out of the record. Mr. Clerk, read Senate Bill 1713, Elections. Senate Bill 1713, Representative Stern. Senate Bill..."

"Senate Bill 1713, a Bill for an Act to amend the Election Code. Second Reading of the Bill. Amendment #1 was adopted in committee."

"No further Amendments?"

"No further Amendments."

"Any Motions?"

"No Motions."

"Third Reading. Didn't we have another Bill under Elections? Representative Lang, Senate Bill... Mr. Clerk, 1992. Senate Bill 1992, Representative Lang. Read the Bill."

"Senate Bill 1992, a Bill for an Act to amend the Election Code. Second Reading of the Bill. Amendment #1 was adopted in committee."

"Any Motions?" 33  155th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES

TRANSCRIPTION DEBATE Clerk McLennand: "No Motions." June 16, 1992

"Third Reading. We'll now read - with agreement on both sides of the aisle- we'll read all of the Appropriation Bills for a second time for the final reading the second time. Read the Appropriation Bills and then hold them on Second. We will hold them on Second. Read them, Mr. Clerk."

"Senate Bills, Second Reading. Senate Bill 953, a Bill for an Act making appropriations to various agencies."

"Mr. Clerk, what is the status of the Bill you just read?"

"That Bill's previously been read a second time."

"Continue."

"Senate Bill 954 previously read a second time, a Bill for an Act making appropriations to various agencies. Senate Bill 1483, a Bill for an Act making appropriations for awards by the court of claims."

"Second Reading of the Bill?"

"Second Reading of the Bill. Senate Bill 1727, a Bill for an Act to provide for the ordinary and contingency expenses of General Assembly. Second Reading of the Bill. Senate Bill 1728, a Bill for an Act making appropriations for the furnishing of legislative staff, secretarial, clerical, research, technical, telephone and other utility services, office equipment and office rental cost to Members of the General Assembly. Second Reading of the Bill. Senate Bill 1729, a Bill for an Act making appropriations to a legislative support agency. Second Reading of the Bill. Senate Bill 1730, a Bill for an Act making appropriations to the Auditor General. Second 34  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day Reading of the Bill. June 16, 1992 Senate Bill 1733, a Bill for an Act to provide for the ordinary and contingent distributive expenses of the State Comptroller. Second Reading of the Bill. Second Reading of these Bills."

"Mr. Clerk, hold all these Bills you just read on Second Reading. Representative Regan, on Senate Bill 1638, health plan eligibility? Do you wanna call the Bill? Out of the record? Out of the record. Try some Bills in Civil Law, Third Reading. Representative Obrzut, on Senate Bill 1892. Obrzut, 1892, rape counseling for minors? Out of the record. John Dunn? John Dunn in the chambers? McAfee? Out of the record. Do you wanna call 1979? Civil Procedures alternate service? Can you...John, do you have an Amendment for that? We'll take it out of the record. Did you put it on the list? Still on the Order of Second Reading. No Amendments, Higher Education, Senate Bill 1818, Representative Satterthwaite. Mr. Clerk, read the Bill. Senate Bill 1818."

"Senate Bill 1818, a Bill for an Act concerning child care services for university employees. Second Reading of the Bill."

"Any Committee Amendments or Motions?"

"No Committee Amendments."

"Any Motions?"

"No Motions."

"Third Reading. Representative Currie, would you please approach the podium? Representative Currie? Currie, the podium, please."

"The House will come to order. On the Order of Government Administration, Second Reading, appears Senate Bill 1740, Representative McPike. (Senate Bill) 1740. (Senate Bill) 1740. Read the Bill, Mr. Clerk." 35  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992

"Senate Bill 1740, a Bill for an Act to amend the Metropolitan Pier and Exhibition Act. Second Reading of the Bill. No Committee Amendments."

"Any Floor Amendments?"

"Amendment #1 was adopted in committee."

"Any Motions filed?"

"No Motions filed."

"Third Reading."

"No Floor Amendments."

"Third Reading. Next Order, appears Senate Bill 1939. Representative McPike. Mr. Clerk, read the Bill."

"Senate Bill 1939, a Bill for an Act to amend the State Finance Act, Second Reading of the Bill. No Committee Amendments."

"Any Floor Amendments?"

"Floor Amendment #1, offered by Representative Black."

"The Gentleman from Vermilion, Representative Black."

"Yes, thank you very much, Mr. Speaker."

"Representative McPike. Excuse me, Representative Black."

"Mr. Speaker, I question the germaneness of the Amendment."

"Representative Black, the Parliamentarian informs the Chair that the... Amendment is not germane. Further Amendments."

"Floor Amendment #2, offered by Representative Hannig."

"Representative Hannig."

"Yes. Thank you, Mr. Speaker and Members of the House. The underlying Bill provides a mechanism whereby the 36  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 Auditor General can collect from the various state agencies for the audits that he performs. This Bill provides that when he...or this Amendment provides that when he audits non-GRF agencies he can collect this non-GRF money to cover the cost of the audit and it also changes, a little bit, the way the GRF money is collected. So, I would move for the adoption of Amendment #2."

"Any discussion on the Amendment? Representative Black."

"Thank you very much, Mr. Speaker. Since my Amendment was ruled not germane and I didn't even get a chance to explain it; (I may have changed it a great deal, but I won't dispute the Chair) the board says this is Committee Amendment #2. I would ask that the Parliamentarian say this is not Committee Amendment #2. Oh, it's been changed, as I speak."

"You're a very very powerful speaker, Representative Black."

"Yes, well it's true. Let me...a question...an inquiry of the Chair. Has a fiscal note been filed on this Bill?"

"It has not been filed. Do you wanna withdraw it?"

"I don't think I'd better withdraw it at this time."

"Representative McPike."

"Well, Mr... Representative Black, the Auditor General works for the General Assembly. It seems to me that since he works for you as well as for me that if you want to move this Bill along..."

"I...I do want it to move in a timely fashion, Representative, but I want to know how much he's gonna charge some of the other agencies that work for us to perform his auditing duties." 37  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day

"They don't work for us." June 16, 1992

"Well, I'd like to think that they do, through our position as Representatives of the fine people of this state."

"Well, you understand that we're simply...The Auditor General simply wants to charge them whatever it costs. If it costs $100 to audit an agency, then they should pay for it, and..."

"What if it costs $100,000?"

"Then, they should pay for that, too, and some of these audits do cost $100,000 If you don't wanna be gracious and withdraw the request, I can...I can understand that."

"Let me check with my advisor."

"It certainly is not like you. Yes, we need to adopt the Amendment first."

"Further discussion on the Amendment. Hearing none, all those in favor of the Amendment signify by saying 'aye', opposed, 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Further Amendments."

"No further Amendments."

"Third Reading. No. Mr. Black, excuse me. The Chair erred. Do you withdraw the request for the fiscal note, Representative Black?"

"There are very few things I wouldn't like to do to...I would like to accommodate the Majority Leader of the House, but my...my staff has told me that we feel very, very strongly that this fiscal note should be filed. This might have a...It might wipe out all the work we've done on the budget. We have to go back and redo the budgets."

"Representative McPike."

"Thank you. I would move that the fiscal note is not 38  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day applicable." June 16, 1992

"The question is, 'Shall the fiscal note be...Act applied?' All those in favor...does not apply...Well, there it is right on the board. Is the note...fiscal note inapplicable? All those in favor vote 'aye', opposed, 'no'. Have all voted who wish? Representative Black."

"Mr. Speaker, I don't know what that word was that you used. Does that mean it doesn't apply?"

"Yes."

"I see. Well, it appears the Gentleman has more than enough votes to uphold his Motion, but keep...keep this in mind that we may have to revisit the budget."

"Point's well taken. Have all voted who wish? Take the record, Mr. Clerk. On this question, there's 42 voting 'aye' and 44 voting 'no', and the Motion's adopted. Third Reading. Senate Bill 2079. Mr. Clerk, read the Bill."

"Senate Bill 2079, a Bill for an Act to amend the Illinois Environmental Facilities Financing Act. Second Reading of the Bill. No Committee or Floor Amendments."

"Third Reading. Representative Black."

"Yeah. Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. In conference with the House Sponsor of Senate Bill 1585, I wish to withdraw my Motion pursuant to rule 73(a) to reconsider the vote by which that Bill passed. I would like that Motion withdrawn."

"The Gentleman's Motion is withdrawn. The Chair would like to announce that there are a number of Bills that the Members requested that they would like to put Amendments on. So we're gonna go to those Bills and on that Order appears Senate Bill 1468, Representative Burke. Is Representative Burke in the chamber? Senate Bill 1468. 39  155th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 Mr. Clerk, read the Bill."

"Senate Bill 1468, a Bill for an Act to create the Illinois Naprapathic Act of 1991. Second Reading of the Bill. No Committee Amendments."

"Are there any Floor Amendments?"

"Floor Amendment #1, offered by Representative Burke."

"The Gentleman from Cook, Representative Burke, on Amendment #1."

"Yes. Thank you, Mr. Speaker. I respectfully ask that Amendment #1 be withdrawn. Withdraw Amendment #1."

"Withdraw Amendment #1, Mr. Clerk. Further Amendments."

"Floor Amendment #2, offered by Representative Burke."

"Representative Burke."

"Same Motion, Mr. Speaker. Withdraw Amendment #2."

"Withdraw Amendment #2, Mr. Clerk. Further Amendments."

"Floor Amendment #3, offered by Representative Burke."

"Representative Burke on Amendment #3. Withdraw Amendment #3. Are there further Amendments?"

"Floor Amendment #4, offered by Representative Burke."

"Withdraw Amendment #4, Mr. Speaker."

"Withdraw Amendment #4. Withdraw #4, Mr. Clerk. Further Amendments."

"Floor Amendment #5, offered by Representative DeJaegher."

"Representative DeJaegher, on Amendment #5."

"Thank you, Mr. Speaker. Mr. Speaker, with your 40  155th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 indulgence, I would demand a Roll Call Vote on this Amendment. Amendment 6..."

"Five..."

"Amendment 5, I'm sorry. Amendment 5 is supported by the largest chiropractic college in the world, which is Palmer College, a college that, basically, is adjacent to my district. In House committee testimony on 6/3/92, the pronappa (sic-naprapathic) witnesses stated that there was a difference in the two professions, and they wanted that to be delineated. Basically, what this Amendment does is, basically, do that. It does, basically, determine what each...profession will participate in. So there is a difference...there has to be a difference between these two professional agencies. This Amendment is necessary in order to differentiate the practice of chiropractic and naprathy (sic-naprapathy). Doctors of chiropractic as just, align bony process, particularly in the spine, where napraths (sic-naprapaths) manipulate a deep massage, soft tissue, a muscle, ligaments and, tendons of the human frame. So, basically, this is what it does. It, basically, differentiates the two between the chiropractor and naprathy (sic-naprapaths). And I ask for a Roll Call Vote on this."

"Any discussion? The Gentleman from Vermilion, Representative Black."

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

"Indicates he will."

"Representative, is this the Amendment that's been put forward by the Illinois Prairie State Chiropractic Association?"

"That it is, Sir." 41  155th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992

"It's my understanding that this was to be Amendment #10. Have you filed more than one Amendment to this Bill?"

"This is the only Amendment I have filed, Sir."

"And this Amendment simply, as I understand it, would prohibit the naprapaths from using the terminology chiropractic subluxation. Is that correct?"

"Yes, it would."

"After we vote, maybe you could tell me what chiropractic subluxation means, but I stand in support of your Amendment. Join the Gentleman in his request for a roll call. It's my understanding that this Amendment needs to be put on this Bill. It's my pleasure to rise and support the Gentleman's Motion for this Amendment #5 and would join him in asking for a Roll Call vote."

"Thank you, Mr. Black."

"Gentleman from Cook, Representative Burke."

"Mr. Speaker, I stand in opposition to this Amendment. In fact, furthermore, I have a notice from the Illinois Chiropractic Society that states, 'The Illinois Chiropractic Society, the voice of the majority of practicing chiropractors in this state, strongly opposes proposed Amendment #5 to Senate Bill 1468, the Naprapath Practice Act and urges its rejection.' Furthermore, I am introducing Amendment #9, which is being offered later, that is a comprehensive Amendment that deals with all concerns of all involved parties. There appears to be a problem among the two factions of the chiropractic society. The Representative's Amendment is an attempt by a few chiropractors to bring their fight with their brethren to Springfield in this Legislature. The Naprapathic Bill is not the place for chiropractors to fight among themselves. In my Amendment, #9, I have addressed the concerns of a 42  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 155th Legislative Day majority of all chiropractors. Simply stated, my Amendment will prohibit naprapaths from holding themselves out to be chiropractors. As the Sponsor of this Bill, I urge either the withdrawal or the defeat of this Amendment."

"Representative DeJaegher, to close."

"Thank you, Mr. Speaker. I'm sorry that this has developed, but, basically, like I say, we're not talking about a few people, we're talking about the most people, basically, which is the Prairie State Association which has a (sic - an) outstanding college facility renowned throughout the world as the chiropractic association, and for this reason, I ask for your 'yes' vote on Amendment #5."

"All those in favor of the Amendment signify by voting 'aye', opposed, 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question, 13 voting 'yes' and 92 voting 'no', and the Amendment fails. Further Amendments."

"Floor Amendment #6, offered by Representative Burke."

"Representative Burke, on Amendment #6."

"Mr. Speaker, I'd ask that Amendment #6 be withdrawn."

"Withdraw Amendment #6. Further Amendments."

"Floor Amendment #7, offered by Representative Steczo."

"Representative Steczo, on Amendment #7."

"Mr. Speaker, withdraw #7, please."

"Withdraw Amendment #7. Are there further Amendments?"

"Floor Amendment #8, offered by Representative Burke." 43  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992

"Representative Burke, on Amendment #8."

"Mr. Speaker, I ask that Amendment #8 be withdrawn."

"Withdraw Amendment #8. Further Amendments."

"Floor Amendment #9, offered by Representative Burke."

"Representative Burke."

"Thank you, Mr. Speaker. As I suggested earlier in opposition to Amendment #5, this Amendment #9, I believe, will comprehensively answer the concerns not only of the medical community but that of the physical therapists in Illinois and, indeed, the chiropractors. Everyone of those three groups have cited some concern, initially. At this point in time, through negotiations, we have come to a reasonable answer to all those who were previously concerned, and I'd ask for a favorable roll call on Amendment #9."

"Any discussion? Representative from Vermilion, Representative Black."

"Thank you very much, Mr. Speaker. Will the Sponsor yield? Representative, I...I congratulate you on Amendment #9. I think you have, indeed, answered some of the concerns that we have. But I would like to...I would like to ask you some questions. Can a naprapath use the title 'Dr'.?"

"They...are...issued a certificate that is Doctor of Naprapathy. It's called...it's D.N."

"Do you know...Can you tell me what their educational requirements are to get that...that title?"

"Well, initially, prior to their studying naprapathy, they come with a...background in basic education. There is just a...I believe it's a two-year education in a...recognized university or college, and further there's a three-year 44  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 course of study to gain the title 'Dr. of Naprapathy'. I beg your pardon. It's a four-year course of study."

"How many schools are there in the country that would be able to...give the required course structure to obtain this title?"

"There's one."

"Where is that school?"

"That is in Cook County, Illinois."

"Let me ask you one other question about the Amendment, if I could. Excuse me, two other questions. Is there language in this Amendment that says they are prohibited from treating patients except those expressly referred to the naprapath by a licensed physician, dentist or podiatrist?"

"I beg your pardon, Mr. Black. I did not hear your question. Could you repeat it?"

"Yes. Be glad to. Is there language in this Amendment that specifically prohibits a naprapath from treating patients except those expressly referred to the naprapath by a licensed physician, dentist or podiatrist?"

"If I'm understanding your question correctly, there is language in the Bill that prohibits a naprapath from practicing either medicine, physical therapy or chiropractic."

"What I'm trying to get at is whether or not a naprapath can hang up a...sign or open a clinic, whatever it's called, and simply have walk-in referrals or advertise for patients. Or are the patients that naprapath would treat...must they be referred to that...person by a licensed physician, dentist or podiatrist?"

"Mr. Black, this Bill is modeled after the Physical Therapists Act in Illinois, and it is our 45  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 understanding...there seems to be some discussion or some confusion as to whether or not individuals can present themselves to either a physical therapist or a naprapath, or for that matter a chiropractor, without referral. It is our position, that of the naprapaths, that they can, indeed, treat people that visit their office without a referral. If, in fact, there is a referral at some given point, then, by the Act, they would be required, the naprapath that is, be required to report back to the referring physician, who would be an M.D. or an osteopath."

"Representative, excuse me and bear with me. I...I do not rise in opposition to your Bill, but there are some concerns and questions that we have. In the violation section of the Bill (I believe that's Section 27), it would appear that there is language saying that it would be a violation for a naprapath to treat any human being or ailment of a human being without a documented referral and I think that some people have a concern as to whether or not that is, in fact, what your Bill intends, that they only treat those people referred to them by a licensed physician, dentist or podiatrist, or whether or not they can simply open an office and treat anyone who wishes to make themselves available of that service."

"Representative, the naprapaths of Illinois have been in practice, in this state, since 1908 without one single allegation of malpractice. And since that date of 1908, they have, indeed, treated patients without doctor's referral, without M.D. referral. There has been no previous interference in the conduct of their treatment of ailments that respond to naprapathy. And by the way, Representative, one important feature with respect to your line of questioning, is that the Illinois Medical Society 46  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 has negotiated with us and we have come to the agreement and it is certainly not their insistence - that patients of naprapathy be referred by M.D.s."

"Representative, is it your intention then that you are going to withdraw Amendment #10?"

"That is correct, Representative."

"All right. Thank you very much, Representative. Mr. Speaker and Ladies and Gentlemen of the House. I think it's been an interesting discussion. I congratulate the Gentleman on crafting an Amendment that, I think, answers most of the concerns listed by several people in this Bill. There are questions that still I don't believe have been answered and that is the type of training, the kind of degree, the background, et cetera, but it appears to me that the Gentleman has made every attempt to satisfy all sides of...of this particular Bill, and that given that fact, I intend to support his Bill as amended, and I appreciate his time and patience."

"Further discussion. The Gentleman from Cook, Representative Steczo."

"Thank you, Mr. Speaker, Members of the House. When Senate Bill 1468 was heard before the House Registration and Regulation Committee, a number of questions did arise as to how the practice of being a naprapath would differ from that of a chiropractor or a physical therapist or another type of medical professional. There were many questions that arose especially as these duties that they perform or tasks that they performed interrelate. The Gentleman agreed in committee to undertake discussions to make certain that the...that the naprapaths, in fact, do not encroach upon the...the areas of these other medical professionals. After long discussions, Floor Amendment #9 47  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 has been introduced and Floor Amendment #9 does, in fact, answer all the questions that...and all the concerns that were raised in committee as to the interrelationships between these professions. In terms of chiropractic, in terms of physical therapy, in terms of other medical professionals, this Amendment says that those...that naprapaths can, in fact, do the thing that they are trained to do but cannot hold themselves out to be chiropractors, cannot hold themselves out to be physical therapists and cannot purport to do...to provide those kind of services. So the Gentleman has kept his word to the committee. He's accomplished what he has sought to accomplish. So, I, too, stand in support of Amendment #9."

"Further discussion. Representative Burke, to close."

"Thank you, Mr. Speaker. I think over the last several weeks in the process that began the day that the Bill was passed out of the committee, we have had the opportunity to hear from any group and any individual and, certainly, we have been at their disposal with respect to discussing and ironing out the difficulties they may have had with this piece of legislation. And I at this time would ask for the favorable consideration of Amendment #9."

"All those in favor of the Amendment signify by saying 'aye', opposed, 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Further Amendments."

"Floor Amendment #10, offered by Representative Burke."

"Representative Burke, on Amendment #10."

"Mr. Speaker, I'd ask that Amendment #10 be withdrawn."

"Withdraw Amendment #10, Mr. Clerk. Are there 48  155th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 further Amendments?"

"No further Amendments."

"Third Reading. Senate Bill 1768, Representative Obrzut. Obrzut. Read the Bill, Mr. Clerk."

"Senate Bill 1768, a Bill for an Act concerning the environment. Second Reading of the Bill. Amendment #1 was adopted in committee."

"Any Motions filed?"

"No Motions filed."

"Are there any Floor Amendments?"

"Floor Amendment #2, offered by Representative Obrzut."

"Representative Obrzut."

"Mr. Speaker, please withdraw Amendment #2."

"Withdraw Amendment #2, Mr. Clerk. Are there further Amendments?"

"Floor Amendment #3, offered by Representative Obrzut."

"Thank you, Mr. Speaker. Amendment #3 would remove retreaded, recapped and regrooved tires from the new $1 tax that takes effect July 1, 1992. As you may recall, the proceeds from that tax will go into a fund that will clean up abandoned tire sites. I'm sponsoring this Amendment because, I, along with a number of other groups, feel that we shouldn't penalize manufacturers or retail merchants who are in the business of recycling automobile tires to this tax. The Amendment is supported by the Illinois Retail Merchants' Association, and I know of no opposition."

"Any discussion on the Amendment? Hearing none, all those in favor signify by saying 'aye', opposed, 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Further Amendments." 49  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 155th Legislative Day

"Floor Amendment #4, offered by Representative Currie."

"Withdraw Amendment #4. Further Amendments."

"Floor Amendment #5, offered by Representative Obrzut."

"Withdraw Amendment #5. Further Amendments."

"Floor Amendment #6, offered by Representative Currie."

"Representative Currie, on Amendment #6."

"Thank you, Mr. Speaker and Members of the House. This Amendment would incorporate the provisions of House Bill 3892, which passed this chamber but was stuck in Senate Rules. The Bill adds an Amendment to the Solid Waste Planning Act that would require larger cities in larger counties to consider, in their solid waste management plans, the utility of a volume-based, fee disposal bag and tag program for the collection and disposal of municipal wastes. I was aware of no opposition to that measure when we considered it in the House the first time around, and I'm aware of no opposition to the measure at this point, but I would be happy to answer your questions and would appreciate your support for Amendment 6."

"Any discussion? The Gentleman from Vermilion, Representative Black."

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

"She indicates she will."

"Representative, I need to clarify some intent with you on the...particularaly requiring municipalities of over 1,000 population. As I understand your Amendment, those small towns would have to study a volume-based waste disposal program, but they would not have to implement such a 50  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day Currie: June 16, 1992 program if they determine it's not economically feasible. Is that correct?" "That is correct."

"Does the City of Chicago, also mentioned in this Amendment, have that same provision or will they be required to implement a volume-based...reduction?"

"They would not be required to implement volume-based waste management. In the City of Chicago, there is a requirement that they have...that they undertake two small pilot projects, but neither the city nor any other municipality would be required to include volume-based pricing in its solid-waste management plan. The point here is to to communities in larger counties encourage investigate whether this would be a feasible and efficacious way of dealing with the problem, the ever-increasing problem of ever-increasing household trash. But there's no requirement in the Bill that any municipality adopt this methodology in an effort to...to reduce the trash that ultimately must be disposed of in landfills."

"All right. And I appreciate that because I think it's important that we establish that intent, particularly for the small municipalities, of which there're several in my district. But let me take it one step further. What if a town of 1,200 people again, those are not uncommon in my may operate on a total budget of What if they come to me and say, 'We district $15,000...$20,000. don't have any money nor do we have expertise to even do the study.' Then what do we do?"

"Well, Representative, I think it's unlikely that there's any community that couldn't afford to have a look at the articles that have been published about the success of 51  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 these plans in cities like Seattle, in Illinois communities like St. Charles and a handful of others. I don't think the study requirement is so onerous that anybody would be precluded from undertaking a look at the question of volume-based pricing. The Bill is not specific as to whether it is a three month scientific investigation or whether it begins with a review of the literature and undertakes to investigate the ways that revenue is currently collected for trash pick-ups in town. So, I...I think that it is a...it is hard for me to imagine that any community in this state cannot undertake the study that is proposed in this measure."

"Well, in...in other words, it's your intent that rules will be promulgated that this can be a very - I don't wanna use the word 'superficial' - but could be a very informal study."

"You don't need to. I mean, it would seem to me that there is sufficient literature on the topic that that would be one obvious way for anybody to begin a study. And a review of the literature is not expensive nor is it something that requires months and months of effort and energy to incorporate the findings from the review of the literature with some understanding of the way municipal trash is paid for and the sort of administrative changes that would be required by volume-based pricing, I would think would be the kind of issue that any local government's department of revenue or revenue collection agent would be prepared and able to look at any day of the week."

"Well, and I appreciate your answer, because I think you do show an understanding that there are many small communities in this town (sic-state) who do not have any 52  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day departments in their government literally, June 16, 1992 whatsoever. That, volunteers stand for election and do the best they can with very limited resources, and since you have made the implementation permissive, I certainly do not rise in opposition to your Amendment, and I appreciate your attempt to enlighten us as to what your intent was."

"The Gentleman from Cook, Representative Kulas."

"Thank you, Mr. Speaker. Will the Sponsor yield to a question? Representative Currie, when your Bill originally passed out of our committee on to the House floor, I was under the impression that if a municipality belonged to a solid waste jurisdiction as such, with other municipalities, and they had one solid waste plan, then they would only have to do one study instead of each municipality doing a separate study. Is that true? Or was I under a...or was I mistaken?"

"Representative, the Bill doesn't...is not specific on that point. I would think that communities that are part of a larger solid waste management program could accomplish the purpose of this Bill through a joint study."

"So, it is your intent then that if a municipality belongs to a solid waste plan with other municipalities, they should only be doing one study instead of six."

"That would seem reasonable to me."

"Thank you."

"Representative Currie, to close."

"Thank you, Mr. Speaker, Members of the House. I think we've adequately discussed the Amendment. The purpose is to help the larger communities in the state develop more efficient, effective and trash-reducing approaches to garbage pick-up and the proposal is that these communities examine the utility of volume-based pricing in their trash 53  155th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 management programs. I would appreciate your support."

"All those in favor of the Amendment signify by saying 'aye', opposed, 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Further Amendments."

"Floor Amendment #7, offered by Representative Obrzut."

"Representative Obrzut, on Amendment #7."

"Thank you, Mr. Speaker. Amendment #7 to Senate Bill 1768 adds language to the Bill which clarifies that retailers of tires, instead of paying the $1 new tire tax directly to the Department of Revenue, are to pay the $1 new tire tax to the supplier, who in turn pays the tax to the Department of Revenue. Thus the supplier, not the retailer, is responsible for paying the $1 new tire tax to the Department of Revenue. In addition, retailers are required to keep records indicating that they have paid the $1 new tire tax to the supplier."

"Any discussion? The Gentleman from Will, Representative Wennlund."

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

"He indicates he will."

"Thank you, Representative Obrzut. I was the Sponsor of the original Waste Tire Management Act about in 1989. How does this change the way the Act operated in its initial form? In the dollar-per-tire tax, which starts July 1 of this year, it's required to be paid at the retail...point of retail sale."

"It's my understanding now that the...the retailer would still have to keep records. But what...the way it would be handled now is the supplier, the person...basically, eliminate the middle-man who actually isn't in the business 54  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 of selling tires but it would be through person...the the manufacturer, the person who actually sells the tires."

"So, let's take an automobile dealer. Now, when he sells a new automobile, is he gonna charge you a dollar per tire for the four or five new tires on that car?"

"Yes."

"He will change a dollar per tire. Okay. Now suppose he buys custom tires from a jobber, Goodyear jobber or something, will the car dealer, under your Amendment...the car dealer will still charge a dollar a tire under your Amendment, but the supplier or the jobber does not have to charge the car dealer per tire? Is that correct?"

"I'm not sure on that, Representative Wennlund. Maybe your staff person there might be able to assist on this. Mr. Wennlund, maybe what I should do is...Let me take this Amendment out of the record. I...I just found out just a little while ago that the department was opposed or has some problems with this Amendment. Let me try to work it out with the depart...I thought we had this worked out earlier today, and I guess, we didn't."

"Okay, thank you."

"Representative Obrzut, what do you want to do with this Amendment?"

"Take it out of the record, please. Hold on. One second, Mr. Speaker."

"Representative, you'll have to..."

"Take it out of the record right now, Mr. Speaker."

"Take it out. The Bill will remain on Second Reading."

"The Amendments will stay on. The other Amendments will stay on though."

"Yes." 55  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day

"That's fine, Mr. Speaker." June 16, 1992

"All right, Mr. Clerk. Take the Bill out of the record. Representative Stepan, the Lady from Cook. Are you ready with Senate Bill 1640? Mr. Clerk, read the Bill."

"Senate Bill 1640, a Bill for an Act relating to education and public school system. Second Reading of the Bill. No Committee Amendments."

"Are there any Floor Amendments?"

"Floor Amendment #1, offered by Representative Stepan."

"The Lady from Cook, on Amendment #1 to Senate Bill 1640."

"Yes. Mr. Speaker, this is mainly a technical Amendment to the Bill."

"Any discussion on the Amendment? Hearing none all those in favor of the Amendment signify by saying 'aye', opposed, 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Further Amendments."

"No further Amendments."

Speaker Giglio: "Third Reading. Representative Dunn. Representative John Dunn in the chamber?...going to go to the Order of Special Calendar, and on that Order under Government Administration, Third Reading, appears Senate Bill 1823, Representative Bugielski. Is Representative Bugielski in? Out of the record. Human Services. Representative Currie, 1965. Representative Currie in the chamber? Out of the record. How about Banking, Third Reading. Representative Capparelli, 1519. Is Representative Capparelli in the chamber? How about Insurance? Representative Regan, 1638. Out of the record. 56  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 Civil Law, Third Reading. Representative Bugielski. Representative Obrzut. Representative John Dunn. Out of the record. Representative McAfee. Representative McAfee in the chamber? Out of the record. Representative Steczo. Representative Steczo. Out of the record. Representative Capparelli, you have a Bill on Banking, Third Reading. Do you wanna go with that Bill? Out of the record. Representative Hasara, you have a Bill on Third Reading under Labor, 1907. Would you like that Bill called? Mr. Clerk, read the Bill. Senate Bill 1907. Bills have been passed. Representative Steczo in the chamber? Representative Mautino. Representative Mautino. Representative Keane. Senate Bill 626, Representative Mautino. Do you wanna have this Bill called? Out of the record. Representative McGann, you have a Bill, Senate Bill 2128, Sir. Out of the record. Constitutional Officers. Senate Bill 1499, Representative McGuire. Representative McGuire in the chamber? (Senate Bill) 1499. Read the Bill, Mr. Clerk."

"Senate Bill 1499, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of the Bill."

"The Gentleman from Will, Representative McGuire."

"Yes, Sir, Mr. Speaker, thank you. We discussed this Bill an hour or so ago, and I think we have ironed out all the questions and controversies and doubts and fears and everything else, and I would try to answer any questions. But hearing no questions, I would suggest an 'aye' vote."

"Any discussion? Representative Wennlund."

"Thank... Thank you, Mr. Speaker, Ladies and Gentlemen of the House. We appreciate Representative McGuire working with us on this Bill and the last time I was at Stateville 57  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 Penitentiary on a visit, I didn't see anybody driving around inside the walls of Stateville who might have been convicted of a...of a drive-by shooting, but nevertheless, we think it's a good law, and we're gonna support it."

"Thank you."

"The Gentleman from Grundy, Representative Weller."

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

"Indicates he will."

"Representative, I had asked a question earlier, and I didn't really feel I got a...a full answer yet, and I know you've had some more time to think about it. It's my understanding this legislation gives the Secretary of State the authority to suspend the drivers license of someone convicted of a drive-by shooting. However, once you're convicted, it would be a minimum of four years in prison. Can you tell me, again, why there's a need for this kind of legislation? If they're gonna be in prison, they don't need a license while they're in prison anyway."

"Would you repeat the question, please?"

"Be happy to. Representative, it's my understanding this Bill would give the Secretary of State the authority to suspend the drivers license of someone convicted of a drive-by shooting for three years, and if convicted of a drive-by shooting, that's a Class 1 felony which mandates a minimum of four years in prison. Why is there a need for this Bill?"

"It doesn't mandate anything, but it's a situation where someone could get probation or less than four years or whatever the situation could be. So it's not really irrelevant."

"So, you're saying that someone can be put on probation 58  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 if they're convicted of a...excuse me, if they commit a drive-by shooting, they can be placed on probation?"

"Yes, Representative. Class 1 felony, you could be out in less than four years even if you did get four years."

"What's the minimum amount that you would be put in with a Class 1 felony?"

"The minimum? If you get a four-year sentence, you'd be out in two."

"Be out in two years? So, then you're saying then they'd have one year without a drivers license, potentially? Okay. Thank you, Representative."

"Representative McGuire, to close."

"Yes. I...I think I'd like to ask for an 'aye' vote on this Bill. Thank you."

"Question is, 'Shall Senate Bill 1499 pass?' All those in favor signify by voting 'aye', opposed, 'no'. The voting is open, and this is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question, there are 110 voting 'yes' and none voting 'no', and Senate Bill 1499, having received the required Constitutional Majority, is hereby declared passed. Representative Black, for what purpose do you rise, Sir?"

"Yes. Thank you very much, Mr. Speaker. For purposes an of announcement. Yes, thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would simply like to thank Representative Deering for bringing the good Father to give the invocation to us today, and particular thanks to the good Father; because of his exhortation, the Cubs just defeated the Cardinals 2 to 1."

"Monroe Flinn moves the previous question. Representative Wennlund, are you seeking recognition?" 59  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992

"Thank you, Mr. Speaker. I guess I have to apologize to Representative McGuire. I've now been straightened out on the reason for that last Bill: Because the guy who gets convicted in a drive-by shooting, gets a minimum of a four year sentence up to 15, bif he escapes in the first year, he can't drive that get-away car without a valid drivers license. So I guess we ougha suspend it. Thanks."

"Mr. Clerk, are the Resolutions in order?"

"House Resolution 2169, offered by Representative Weller; House Resolution 2170, offered by Representative Leitch; House Resolution 2171, offered by Representative Ryder; House Resolution 2172, offered by Representative Weller; House Resolution 2173, offered by Representative Frederick; House Resolution 2174, offered by Representative Cowlishaw. House Resolution 2175, offered by Representative Cowlishaw; House Resolution 2176, offered by Representative Wolf; House Resolution 2177, offered by Representative Rotello; House Resolution 2178, offered by Representative Wolf; House Resolution 2179, offered by Representative Jay Hoffman; House Resolution 2180, offered by Representative Dunn; House Resolution 2181, offered by Representative Noland; House Resolution 2183, offered by Representative Regan; House Resolution 2184, offered by Representative Schakowsky; House Resolution 2185, offered by Representative Wojcik; House Resolution 2185, offered by Representative Hicks and House Joint Resolution 149, offered by Representative Dunn."

"Matijevich moves for the adoption of Resolutions. All those in favor signify by saying 'aye', opposed, 'nay'. In the opinion of the Chair, the 'ayes' have it. The Resolutions are adopted. Death Resolutions."

"House Resolution 2182, offered by Representative 60  155th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 16, 1992 Novak, with respect to the memory of Ellis Graveland."

"Representative Matijevich moves on the Death Resolution. All those in favor signify by saying 'aye', opposed, 'no'. In the opinion of the Chair, the 'ayes' have it. The Resolution's adopted. The Gentleman from Cook, Speaker Madigan."

"Mr. Speaker, Ladies and Gentleman. We are prepared to adjourn for today. So as I said, Mr. Speaker, we are prepared to adjourn for today, but I would like to announce that tomorrow, we will convene session at 9:00 a.m., that there will be a Democratic Caucus at 10:30 in the morning, and then at 12:00, we will vote on an Amendment that will contain the entire budget for the State of Illinois. So 9:00 a.m., convene; 10:30, Caucus for Democrats; and 12:00, we will vote on an Amendment that will contain the entire state budget. Thank you, Mr. Speaker."

"The Gentleman from Madison, Representative McPike."

"Thank you, Mr. Speaker. I have no idea where Representative Granberg went, but today is his 49th birthday, 49th. Forty-nine, and we have cake in the back conference room for anybody that would like to take a piece of cake back to their office. If you would please call Representative Granberg and wish him a happy 49th birthday."

"Representative Novak."

"Yes, Mr. Speaker, Ladies and Gentlemen of the House. I, too, would like to wish Representative Granberg his 49th birthday. We know his hair has gotten considerably grayer since he's been in the Legislature. So, I don't know why he doesn't have the guts to come on the House floor and have everybody wish him a happy birthday, but if you can 61  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 155th Legislative Day June 16, 1992 find him, wish him a happy birthday today."

"Representative Wennlund."

"Thank you, Mr. Speaker.. I wish to announce a Republican conference at 10:30 a.m., tomorrow morning, in Room 118. I thought maybe that would speed up adjournment today. Republican Conference, 10:30 a.m., tomorrow morning, Room 118. Thank you."

"Representative McPike now moves that the House stands adjourned until 9:00 a.m. tomorrow morning. All those in favor signify by saying 'aye', opposed, 'nay'. In the opinion of the Chair, the 'ayes' have it. The House now stands adjourned." 62  REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 87TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JUNE 16, 1992 92/09/28 15:41:37 SB-0698 THIRD READING PAGE 10 SB-0953 SECOND READING PAGE 34 SB-0954 SECOND READING PAGE 34 SB-1128 THIRD READING PAGE 14 SB-1128 OUT OF RECORD PAGE 14 SB-1468 SECOND READING PAGE 40 SB-1483 SECOND READING PAGE 34 SB-1499 THIRD READING PAGE 15 SB-1499 THIRD READING PAGE 57 SB-1499 OUT OF RECORD PAGE 20 SB-1565 SECOND READING PAGE 9 SB-1588 SECOND READING PAGE 7 SB-1589 SECOND READING PAGE 7 SB-1604 SECOND READING PAGE 8 SB-1640 SECOND READING PAGE 56 SB-1695 SECOND READING PAGE 6 SB-1700 SECOND READING PAGE 32 SB-1713 SECOND READING PAGE 33 SB-1716 SECOND READING PAGE 32 SB-1717 SECOND READING PAGE 35 SB-1727 SECOND READING PAGE 34 SB-1728 SECOND READING PAGE 34 SB-1729 SECOND READING PAGE 34 SB-1730 SECOND READING PAGE 34 SB-1733 SECOND READING PAGE 35 SB-1740 SECOND READING PAGE 36 SB-1764 SECOND READING PAGE 9 SB-1768 SECOND READING PAGE 49 SB-1768 OUT OF RECORD PAGE 55 SB-1771 SECOND READING PAGE 8 SB-1772 SECOND READING PAGE 33 SB-1818 SECOND READING PAGE 35 SB-1846 THIRD READING PAGE 12 SB-1901 SECOND READING PAGE 8 SB-1907 THIRD READING PAGE 13 SB-1922 SECOND READING PAGE 6 SB-1923 SECOND READING PAGE 9 SB-1939 SECOND READING PAGE 36 SB-1948 SECOND READING PAGE 7 SB-1954 SECOND READING PAGE 9 SB-1984 SECOND READING PAGE 5 SB-1992 SECOND READING PAGE 33 SB-1997 SECOND READING PAGE 10 SB-1997 OUT OF RECORD PAGE 10 SB-2056 THIRD READING PAGE 21 SB-2057 SECOND READING PAGE 7 SB-2079 SECOND READING PAGE 39 SB-2088 MOTION PAGE 6 SB-2088 OUT OF RECORD PAGE 6 SB-2114 SECOND READING PAGE 6 SB-2128 THIRD READING PAGE 14 SB-2138 SECOND READING PAGE 32 SB-2138 OUT OF RECORD PAGE 32 SB-2179 SECOND READING PAGE 21 SB-2190 SECOND READING PAGE 8. HR-1985 ADOPTED PAGE 4 HR-1985 RESOLUTION OFFERED PAGE 2 SUBJECT MATTER HOUSE TO ORDER SPEAKER GIORGI PRAYER FATHER DAN JUREK PLEDGE OF ALLEGIANCE ROLL CALL FOR ATTENDANCE PAGE 1 PAGE 1 PAGE 2 PAGE 2  REPORT: TIFLDAY PAGE: 002 STATE OF ILLINOIS 87TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX 92/09/28 15:41:37 JUNE 16, 1992 SUBJECT MATTER INTRODUCE MICHELLE SCHRAMER PAGE 3 AGREED RESOLUTIONS PAGE 4 DEATH RESOLUTION PAGE 5 REPRESENTATIVE GIGLIO IN THE CHAIR PAGE 35 AGREED RESOLUTIONS PAGE 60 DEATH RESOLUTION PAGE 60 ADJOURNED PAGE 62