Illinois House Floor Debate — June 19, 1992

"The House will come to order. The House will come to order. The guests in the balcony may wish to rise and join us for the invocation this morning. The Chaplain for today is Reverend Ben Cox. He's the associate minister of New Progressive Baptist Church in Chicago and the Cooperative Education Job Development at Parkland College and is the guest of Representative Tim Johnson, and today is his birthday."

"Let us bow our heads in submission to His will. Let us close our eyes to the world about us and let us invite Him who is the Great Spirit of us all to be our invited guest in this great Body. Great spirit of the Universe, we invite you to be our silent but felt guest as these makers of laws work for the betterment of 11 million citizens of our great state. Support each one of them to always do what is right; teach them how to stand on their feet; teach them how to turn right no matter what the cost; teach each one of them to go straight and move forward and then, finally, our Father, to look up to Thee for the great guidance that Thou has provided for all of us if we would only request it. Bless our land, bless him who is president, him who is Governor and as others around the world seek to stand in line to come to this great country, may we live as brothers and sisters, knowing that one day we will have to stand before the Lawmaker and be judged of our stewardship in this world. We, Your people, invite You again to be our guest and to deliberate with us upon those things for the better of mankind. We say together, 'amen'."

"Be led in the Pledge of Allegiance by Representative Paul Williams."

"I pledge allegiance to the flag of the United 1  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all."

"Roll Call for Attendance. Representative Matijevich."

"No absences, Mr. Speaker."

"Representative Kubik."

"Republicans are all here, Mr. Speaker."

"Mr. Clerk, take the roll. One hundred and eighteen Members answering the roll call, a quorum is present. Children and Family Law. Representative Preston, Senate Bill 2159. Mr. Preston here? Representative Kubik."

"Mr. Speaker, I just wanted to... I just wanted to say I hope that Representative Preston appreciates the fact that you called Children and Family Law as a first Order of Business every day."

"He does."

"I'm sure he does."

"Introduction and First Reading."

"House Bill 4221, offered by Representative Giglio, a Bill for an Act to amend the Illinois Pension Code. First Reading of the Bill."

"Rules Committee. Senate Bills, Third Reading. Representative Wennlund, Senate Bill 2048. Read the Bill, Mr. Clerk."

"Senate Bill 2048, a Bill for an Act to amend the Bingo License and Tax Act. Third Reading of the Bill."

"Representative Wennlund."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill I've worked very hard with Representative McGann on to adjust the bingo law to permit a percentage 2  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 basis of rent for charitable organizations conducting Bingo at civic centers, and I move for the adoption of...I move for the passage of the Bill."

"The question is, 'Shall Senate Bill 2048 pass?' All those in favor vote 'aye', opposed vote 'no', Have all voted? Representative Balthis, to explain his vote."

"Mr. Speaker, is this the Bill that the Casino Gambling Commission was put on yesterday?"

"Well, Representative Balthis, the Chair is...doesn't really get involved in the discussion of Bills."

"I know it's past time to ask the Sponsor for a...for a question, but it is my understanding that that's what's on this."

"Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 92 'ayes' and 9 'noes'. Senate Bill 2048, having received the Constitutional Majority, is hereby declared passed. Representative Bugielski. Representative McGuire, Senate Bill 1904. Read the Bill, Mr. Clerk."

"Senate Bill 1904, a Bill for an Act to release easements, restore access rights and convey property rights for certain described lands. Third Reading of the Bill."

"Representative McGuire."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a IDOT Department Bill that I'm carrying, and I don't think it's controversial, and I'd ask for your support. Thank you."

"Representative McGuire."

"Thank you, Mr. Speaker. As I mentioned, this is an IDOT Bill, and it...it's for easements in different counties throughout the State of Illinois, and it 3  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 authorizes the Department of Transportation to release these certain easements for highway purposes. We have a couple of Amendments that have been filed, and we have all the appraisals, and I'd try to answer any questions that any of the Members might have."

"Question is, 'Shall Senate Bill 1904 pass?' Well, Mr. Black, you have to turn on your light. Mr. Black. Representative Black."

"Thank you very much, Mr. Speaker. Will the Sponsor tell us what Amendments are on this Bill?"

"Yes. Mr. McGuire, what Amendments are on the Bill?"

"I think there are...there's Amendment 4 and there's an Amendment...some in committees.1, 2, 4 and 5."

"Question is, 'Shall Senate Bill 1904 pass?' All those in favor vote 'aye,' opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 113 'ayes' and no 'nays'. Senate Bill 1904, having received a Constitutional Majority, is hereby declared passed. Representative Brunsvold, Senate Bill 2151. Read the Bill, Mr. Clerk."

"Senate Bill 2151, a Bill for an Act in relation to finance of the Capital Development Board. Third Reading of the Bill."

"Representative Brunsvold."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Bill would simply change the date of the sunset on this from this year, 1992, to June 30 th, 1996. This is a percent and a half on all contracts, SO that projects can be done more quickly, and I know of no objections to the Bill, and I ask for the passage of Senate Bill 2151." 4  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

June 19, 1992 "Question is, 'Shall Senate Bill 2151 pass?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill, there are 112 'ayes' and no 'nays'. Senate Bill 2151, having received a Constitutional Majority, is hereby declared passed. Human Services, Third Reading. Representative Turner. Representative Currie. Representative DeJaegher. Mr. DeJaegher, Senate Bill 2068. Read the Bill, Mr. Clerk."

"Senate Bill 2068, a Bill for an Act to amend the Illinois Public Aid Code. Third Reading of the Bill."

"Representative Turner, do you want your Bill called? All right. Let's call Mr. Turner's Bill, Senate Bill 1889. Read the Bill, Mr. Clerk."

"Senate Bill 1889, a Bill for an Act to amend the Illinois Public Aid Code. Third Reading of the Bill."

"Representative Turner."

"Thank you, Mr. Speaker. As I have said in previous conversations, this Bill will be used as a vehicle for the hospital assessment program here in the state, and I move for a favorable adoption of Senate Bill 1889."

"Representative Black, on the Motion."

"Thank you very much, Mr. Speaker. Will the Sponsor Turner: Black: Turner: yield?" "Yes." "Representative, particular Bill?" do you have any specific plans for this "Representative, my intent was to keep a vehicle alive for the hospital assessment question. I know there may be one other vehicle out here, but my intent was to use this for specifically for hospital assessment and whatever..." 5  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992

"That would be your...the only purpose that you would think this Bill might come back?"

"That's the only purpose, Representative."

"Thank you."

"Question is, 'Shall Senate Bill 1889 pass?' All in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 109 'ayes', 1 'no'. Senate Bill 1889, having received a Constitutional Majority, is hereby declared passed. Returning...returning once again to Children and Family Law. Well, perhaps we should skip over this. We've already been here once this morning. Let's go to Municipal, County...on Conservation Law, Third Readings. Well, we've had a special request to return one more time to Children and Family Law. Representative Preston. Just a minute, the Speaker's calling. Take this Bill out of the record, Mr. Clerk. Senate Bill 2159. Read the Bill, Mr. Clerk."

"Senate Bill 2159, a Bill for an Act to amend the Juvenile Court Act of 1987. Third Reading of the Bill."

"Representative Preston."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The debate on this Bill will probably take about an hour and a half after which we'll need a Caucus on both sides of the aisle. Senate Bill 2159...requires the Department of Children and Family Services to do an examination or investigation, I should say, of family members of a child who is taken into custody to determine whether or not there're uncles, aunts, grandparents...who might be the best placement for that child. I'd be glad to answer any questions and after our Caucus, I'd ask for a 'aye' vote." 6  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992

"Representative Black, on the Motion."

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

"Yes."

"Representative, Floor Amendment #1 becomes the Bill, correct? And this language has been worked out with the department?"

"I've talked to the department about it, and they've seen it."

"I have some experience in talking with the department as well."

"I know of no objections from any quarter on it."

"It...it simply says, that...What I'm unclear about is someone has to state in writing a specific risk a child would be exposed to if the child were to remain in the custody of a parent or guardian, if there is probable cause that a risk might exist. Does that have to be written by the department, by the judge, or..."

"That would have to be in the court order, so..."

"In the court order."

"Yes, so as...as the practical way that that is affected is the attorney for one of parties writes the order and the judge signs it."

"Thank you very much, Representative."

"Question is, 'Shall Senate Bill 2159 pass?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 113 'ayes' and no 'nays'. Senate Bill 2159, having received a Constitutional Majority, is hereby declared passed. Senate Bill 1508, Representative Matijevich. Read the Bill, Mr. Clerk."

"Senate Bill 1508, a Bill for an Act to amend the 7  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 Fish and Aquatic Life Code. Third Reading of the Bill."

"Representative Matijevich."

"...Speaker, Ladies and Gentlemen of the House, Senate Bill 1508 was introduced by Senate President Rock and Minority Leader Pate Philip, and it was discussed thoroughly in the Amendment stage yesterday. It would increase the commercial fishing licenses by two. The Bill introduced had some...poundage quotas which we knew were unreasonable, but we worked out the poundage with the...Department of Consummation...Conservation, and it meets the resource management concerns of the fish biologists, and I would appreciate your support and move for the passage of Senate Bill 1508."

"Question is, 'Shall Senate Bill 1508 pass?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. Schoenberg, 'aye'. No, he's voting 'aye', that's all right. On this Bill, there are 114 'ayes' and no 'nays.' Senate Bill 1508, having received a Constitutional Majority, is hereby declared passed. Senate Bill 1550, Representative Woolard. Read the Bill, Mr. Clerk."

"Senate Bill 1550, a Bill for an Act to amend the Wildlife Code. Third Reading of the Bill."

"Representative Woolard."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I think this is a totally agreed to Bill at this point. I don't think there's any opposition. I would just recommend an 'aye' vote."

"Question is, 'Shall Senate Bill 1550 pass?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 105 'ayes' and 3 'noes'. 8  158th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992 Senate Bill 15... Dunn, 'aye'. John Dunn, 'aye'. Turner 'aye'. Stange 'aye'. On this Bill, there are 108 'ayes', 3 'noes'. Senate Bill 1550, having received a Constitutional Majority, is hereby declared passed. Senate Bill 1776, Representative Steczo. Read the Bill, Mr. Clerk."

"Senate Bill 1776, a Bill for an Act to amend the Illinois Municipal Code. Third Reading of the Bill."

"Representative Steczo."

"Thank you, Mr. Speaker, Members of the House. Senate Bill 1776 is a deal that...is a Bill that deals with the examination process for police and fire and changes just basically, one word to clear up...or to make a clarification as per some differences some attorneys had in terms of interpretation. It just changes the word 'free' to 'open' and also provides that because that word 'free' is taken out that...that municipalities cannot charge for those police and fire exams as is the case now. I'd answer any questions, Mr. Speaker. If not, I ask for a 'yes' vote."

"Representative Wennlund."

"Thank you, Mr. Speaker. Will the Sponsor yield? The Associated Firefighters of Illinois had a negative position on this Bill to begin with."

"Not anymore."

"Not anymore?"

"Not anymore."

"So, they've signed off on it? And it's still supported by the Municipal League? Thank you."

"Mr. Black."

"Thank you very much, Mr. Speaker. Will the Sponsor yield?" 9  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992 158th Legislative Day

"Yes."

"Representative, the thing I'm not clear on is that the Bill removes the requirement that the examination for fire fighter or police officer would no longer be free. I...I take that to mean..."

"No, that's incorrect, Mr. Black."

"Has that been taken out?"

"No, the... If you look at the Bill itself, there is a...language that's been added that specifies that it must be provided...provided for free."

"All right. Is that? Let me see, because we have a staff analysis that says just the opposite. Let me look at the Bill here very quickly. On page 1, line 16..."

"Page 1, line 16, 'The municipality may not charge or collect any fee'."

"...Okay, 'may not charge'. All right. Now what if you don't meet the prequalifications standards? Would there be any language in this Bill that would then let a municipality charge you for the taking of the test?"

"The municipality cannot charge you, according to this Bill, for the taking of this test."

"Okay, fine. Thank you very much."

"Mr. Turner."

"Thank you, Mr. Speaker, Ladies and Gentlemen. Will the Gentleman yield for a question?"

"Yes."

"Terry, it's my understanding that for minority applicants or for those who cannot afford to pay for this exam...or prequalifications, that there will be moneys made available. Is that correct?"

"Actually, Representative Turner, no one will be turned away. It's not a question of money being available. It's 10  158th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992 just allowing to go through the process, at no charge."

"There will be no charge..."

"No charge."

"Any one who wants to sign up for the register. Is that correct?"

"Yes, if...if they are not of means, there would be no charge or, like a scholarship kind of a process."

"Right. It was my understanding that it was a scholarship of some sort, and I'm just trying to see at what point I mean...I understand that there are like three phases...three stages to this registry process."

"Correct."

"And...this...so that in all three stages if a person cannot afford it, then they would still be able to go through the entire process."

"My understanding is that in the prototype that's being...that's in use now, that's exactly the case."

"And for those applicants who fail to pass the registry there is some sort of technical...Is there technical assistance then available to these applicants in terms of them being able to try again for the registry or..."

"That is the advantage of the registry because where as when a police and fire exam is taken now, the applicant gets their grade and that's it. The applicant can work in this case to better their grades to enhance their potential for being hired."

"And if those same applicant comes back again, the second time for the registry and his financial state is still the same is there...would the same conditions apply to that person?"

"That is correct. Yes, it would."

"Thank you." 11  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

"Representative Young." June 19, 1992

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

"Yes."

"Just for legislative intent, Terry, it's my understanding that this Bill is intended to be totally permissive in that no municipality could require an applicant to go through this registry."

"My understanding is that this Bill is permissive. Correct."

"So, therefore, any applicant who wanted to still apply directly to a police department or a fire department would be allowed to do so without going through this registry."

"My understanding is that that is correct."

"Okay, thank you."

"Representative Morrow."

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

"Yes."

"Terry, you mentioned about, at a certain income level, that the fee is waived. Could you tell me what...what income level has been...set?"

"I think... I think it's a...it's a fluid-type of a thing type...type of a situation, Representative Morrow. There's nothing in this Bill that...that sets forth that specific kind of income level. However, the people that do operate the registries have, by practice, indicated that if people are not of means and cannot afford to go through and would like to...the lack of...the lack of...funds...does not hold them back."

"Well, that's...that's what I'm very concerned about. How or what guidelines that they use to determine who is of means and who is not of means to pay the fee."

"Well, the fact...Representative Morrow, the other thing 12  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 to understand is that an individual can still go through their, police and fire commission and not go through the registries, so...It's a judgment call on their part and I know in the discussions that we had we...we determined that if there was any kind of situations that arose where, in fact, people were being turned away legitimately, people with no means that were being turned away that that's the time really for legislative action - not right now - because the practice has shown in the places where this process is used that it hasn't been a problem. In fact, people have not been turned away."

"Well, you just raised a...another issue then. If they can go directly to their local unit and take the fire or policeman exam, do these private companies have a list of those who bypass them?"

"It works the other way. It's...it's the information from these companies that are provided to the municipality, not the other way around."

"All right. Thank you."

"Question is, 'Shall Senate Bill 1776 pass?' All in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill, there are 109 'ayes' and no 'nays'. Senate Bill 1776, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1828, Representative Hartke. Mr. Hartke? Mr. Deering, where...where is your seat mate? Representative Brunsvold. Senate Bill 1862. Senate Bill 1955. Read the Bill, Mr. Clerk."

"Senate Bill 1955, a Bill for an Act concerning the preservation of natural habitats. Third Reading of the Bill." 13  158th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992

"Representative Brunsvold."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 1955 does a number of things. The Bill in itself removes the Pheasant Stamp and the Furbearer Stamp and sets up a Habitat Stamp and the trust funds involved there. It does a number of things dealing with the...sesetting up an advisory committee for the Habitat Stamp and so on and so forth. The Bill also contains Amendment #1, in committee, which was actually Senate Bill 2182, which was a Bill that went outa here on the House Calendar as my Bill 3969, and that had over a hundred votes. It dealt with...with deer season and setting limits on deer season. We had two Amendments on the floor; agreed Amendments that...one dealing with the migratory water fowl and the federal regulations, and the other dealing...dealing with the disbursement of the furbearer money. With that, if there are any questions, I would answer questions dealing with the removal of the two stamps. I would, however, like to read a letter from Pheasants Forever, dated May 28. 'Dear Director Manning, Last night the Illinois State Council on Pheasants Forever met to formulate a position on Senate Bill 1955, and the Illinois Habitat Stamp Bill. The outcome of this meeting was a majority vote to fully support Senate Bill 1955, as written. To this end, I am offering our support in helping to secure passage of this Bill through the House of Representatives.' Now they say 'without Amendment' in here, but these Amendments that we added were not pertinent to the...to the Habitat Stamp, so with that, I'll answer an questions..."

"All right. On the Gentlemen's Motion, Representative Johnson." 14  158th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992

"It is my belief, and the belief of a number of people that I represent who worked many...years and at considerable length to establish a separate identity to...for the Pheasant Stamp, that this Bill eliminates the effort expended by those individuals in coming to the state of the law as it now before this Bill. Respectfully, and I realize that the department and the Sponsor have worked long and hard on this, I'm unable and will not support the Bill because I believe that a separate stamp for pheasants, among...others, establishes a separate identify...identity and recognizes individuals within the sportsmen community and an interest within the sportsmen community that ought to be continue to be separately identified. So, again, respectfully, I would urge a 'no' or a 'present' vote."

"Representative Doederlein."

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

"Yes."

"Does this...eliminate fees or raise the fees for senior citizens?"

"This Bill would...would take off the requirement that anyone 65 and over would not have to buy a stamp. Yes, they would have to buy a stamp, but it's been my...my observations that those people are very willing to support conservation programs and have really never complained about it."

"Well, I think many of the senior citizens have supported the conservation effort, but we've all have been waiting 'til we get to 65, so we can have these...little freebies that we've been working so hard for, SO I think that raising the senior citizens' fees is not...the way we want to go." 15  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992

"Well, I would, you know, I would not support taking fees from 16 and under the kids that want to get out and participate but anyone over 65 (and when I get to that age, I hope), I would be very willing to support...with a meager amount of money, the conservation programs in this state, and I don't think...the seniors are going to complain about that."

"Representative Parke."

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

"Yes."

"Representative Brunsvold, I understand you've worked hard on.. And a number of members of my church who are pheasant hunters have expressed a concern on the loss of the Pheasant Stamp perspectived. Perhaps you can share with the Body, for legislative intent, would these men who enjoy the sport of hunting have the opportunity to still maintain pheasant habitat and is there any loss or deterrent of their initiative that they've worked on over the years? Can you share that with the Body, please?"

"Thank you for that question, Representative. In fact, this Habitat Stamp, which the money from the Pheasant Stamp went to habitat production and the maintaining of good habitat for pheasants, this will, in fact, do a better job...do...have more lands involved in habitat than what we had with the Pheasant Stamp, and the Pheasant Stamp committees and the money going to the Pheasant Stamp people will not be lost. They were guaranteed a certain amount, a percentage and a flat amount of $500,000 which are received last year. So they will not be losing their habitat money, but will be gaining an opportunity to get more habitat through this program." 16  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992

"So, in essence, what you're saying is that regardless of its one combined stamp, they will lose nothing and, matter of fact, as time goes by, they may even gain?"

"They will, in fact, gain, Representative."

"Thank you, I will support the legislation."

"Question is...Representative Leitch."

"Thank you. Will the Gentleman yield?"

"Yes."

"What does this do to someone who may have bought a lifetime hunting license? Do they now have to begin purchasing these stamps?"

"Between 1993, if they purchased a lifetime, they will be exempt from purchasing the stamps. So they've been addressed in the Bill."

"So, if someone who would have purchased a lifetime, by what time?"

"1993."

"So, anytime prior to '93, if they bought it, they're exempt?"

"Yep."

"Thank you, Sir."

"Question is, 'Shall Senate Bill 1955 pass?' All in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill, there are 104 'ayes' and 6 'noes'. Senate Bill 1955, having received a Constitutional Majority, is hereby declared passed. Representative Hartke, Senate Bill 1828. Mr. Hartke."

"Ah, Yes, Sir. I filed a Motion. I move to suspend the Rule 37(g) and to extend the deadline on Senate Bill 1828 to January 13th, 1993."

"Mr. Black." 17  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

"Thank you very yield? I much, Mr. Speaker. Will the Sponsor just have one question, Representative. Is Amendment #3 been adopted to this Bill?"

"Yes, it has."

"And that's...that's the language that the Home Builders Association requested so that hearings can be held on this matter over the summer?"

"That is the fact, Sir."

"Thank you very much. I stand in support of your Motion."

"You heard the Gentleman's Motion. There being no...this Motion's ready to go...No objections to the Motion. The Attendance Roll Call will be used, and the Motion carries. Representative Stepan. Senate Bill 2101. Read the Bill, Mr. Clerk. Out of the record. Representative Capparelli. Representative Regan. Senate Bill 1638. Representative McCracken. Representative Lang, on 2233. Representative Currie, Senate Bill 744. Ms. Currie? Mr. Homer. Mr. Rotello. Representative Steczo, 1763? Mr. Kubik? Read the Bill, Mr. Clerk. Senate Bill 2154."

"Senate Bill 2154, a Bill for an Act to create the Illinois Streetgang Terrorism Omnibus Prevention Act. Third Reading of the Bill."

"Representative Kubik."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2154, as amended, would now...would create the Illinois Streetgang Terrorism Omnibus Prevention Act. It would provide that any public authority that suffers damages...created by the operations of an illegal streetgang, shall have a cause of action against the streetgang. In addition, the Amendment that was offered in committee would also create a statewide Organized Gang 18  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 Database Act, which would allow the... state police, at their discretion, to create this database of gang crime and gang activity. I'd be more than happy to respond to any questions you might have, and I would...ask for your support of Senate Bill 2154."

"On the Motion, Representative Williams."

"Yes, will the Sponsor yield?"

"Yes."

"Representative Kubik, curiously speaking of, as I read the Bill and I understand it a streetgang is defined as 'any gathering of three or more individuals'?"

"As amended, yes, that is the case."

"Okay. Now, let's say one of those... How do you determine liability against 'the street gang'? Would it be liability against those three members or would it be liability against the streetgang in general? Say for instance, I belong to a streetgang. Three guys that I know do some damage. As a member, (and they happen to be a member of the same organization that I belong to), will I also be then held liable for their actions?"

"My understanding, Representative Williams, is that the civil cause of action would be against the...streetgang or any...member of the street gang."

"So, in other words, if I, Paul Williams, happens to be hanging out with Art Turner and Tony Young and we go out and we do something and they brand us a streetgang and they say that Charles Morrow belongs to the streetgang and we do something, then Charles Morrow (and Charles is nowhere around), he is also liable?"

"Well, Representative. in the cause of action...my understanding of the Bill is that we would...not only be able to... identify the... We would identify the members of 19  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 the streetgang. This particular provision...in state law is very...is patterned after a federal statute, called the Federal RICO statute, and...my understanding is that the state's attorney would have to come up with...proper..."

"Okay. What about the...the other actions, say of other individuals besides streetgangs? What about Mafia or what about, for that matter, what if the...what if three members of the American Legion..."

"Well, Representative..."

"Wait a minute. Wait a minute. We got to be fair here. If three members of the American Legion get together and do some damage to some civil property - for whatever reason - three of them are together, they get drunk, they do some damage that...they run a car into a local city hall thing. Would the rest of the American Legion then be liable for the actions of those three members?"

"Well, Representative, I think that the...the Bill defines a gang in rather specific terms. And I do not believe that the American Legion would qualify as an illegal streetgang."

"Why not? What is the definition of 'streetgang'?"

"Can you hold on for a moment? I will..."

"Fraternities. To the Bill. I rise in opposition to the Bill. I believe that the Bill, even though it's good intent, has at this particular point and at any point when you make other individuals liable for the acts of someone that they don't necessarily control, I think that that's not fair nor right. I also believe that, in fact, the definition of streetgangs, as you might call it, it singles out what I would consider certain youth and, quite honestly, it's going to have an effect on minorities in terms of finding particular liability against individuals; 20  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 whereas, other groups and organizations that might do the same thing, might cause the same damage, might be, in fact, just as irresponsible, would be allowed not to be covered under this particular Act. I think that even though the Sponsor might be trying to do something right here, I think the Bill is far too loose. I think that there is too much implication to involve individuals who may or may not have anything to do with this because they belong to organizations that other individuals who, in fact, may be more ram bunctious or what have you than they are, and then they would end up with liability because we belong to the same organization. I don't believe that this is...at this point, clearly enough defined or clearly, enough narrowed down to be an acceptable piece of legislation, and I would urge a 'no' vote."

"Representative Preston."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I...I agree with every word that Representative Williams said regarding this Bill. You know, we...we have a lot of legislation that comes out of here that may be very well intended, but then it ends up becoming law and that intent, while it was nice in the General Assembly, when it's before a judge, it's the language of the Bill that prevails. And to call...to define a gang as any combination et cetra of three or more people and to put liability on any other member for the acts of only three, as Representative Williams said, that could be the American Legion, that could be...When I was in high school, we had at my high school, high school fraternities and sororities that were very active in raising money for various charities. If there...if one of those members were to commit some criminal act or be involved in some criminal 21  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 activity, to think that the rest of the members of that...that fraternity or that sorority could be held liable for those acts is ridiculous. It's ludicrous. It's. certainly not the intent of the legislation, but it certainly is the language of this legislation. This Bill needs a hell of a lot more work. It would create mayhem. First of all I don't think...actually I don't think it would cause I think it's clearly unconstitutional, but if it were not unconstitutional, it would create great mayhem in the legal community, and it makes no sense. It is not well thought out and not well...worded, so I urge a 'no' vote."

"Representative Kubik to close."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would like to address some of the comments of the previous couple of speakers. First of all, in the title of the Bill and in the legislative finding, we very specifically point out that this particular legislation is in no way...patterned after...organizations...which are involved in legal activities. In addition, we're not patternins this legislation after, in any way stopping freedom of speech and we... The question of whether or not the American Legion would be involved in this kind of legislation was addressed in committee, and I think was responded to very well by a number of people. The bottom line is that we have a problem in that we cannot...go after gang activity in this state in...in the civil courts. This law is patterned after a federal statute. It has met many...federal law...the processes of federal law, and I...I really don't believe that the opponents of this Bill really uunderstand where we are going with this legislation. What we're trying to do is to allow 22  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 local...law authorities the ability to get at gangs where they...we can hurt them most. and that is in a civil end. Go after the money involved in gang activity. This is not an attempt to try to go after the American Legion. That's almost ludicrous. If you read this Bill carefully, I think it's very well thought out. It is patterned after a RICO statute, which is a federal statute which has met many, many court tests and has been used in a variety of...jurisdiction to go after Mafia and other types of gangs and have done so very effectively. I say that this is a Bill whose time has come. If you believe that we ought to have the opp...the ability to attack gangs in a variety of ways, gangs which prey upon our young people, gangs which prey upon innocent people, and then you ought to be for this Bill. I would urge your support of this legislation. Thank you."

"Question is, 'Shall Senate Bill 2154 pass?' All in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Davis, to explain her vote."

"Thank you, Mr. Speaker. I'm concerned with the fact that many times a gang member will turn in one of his or her fellow gang members and testify against them. But with this legislation, gang members would not come forward and testify against another gang member for fear of him or herself being prosecuted. I think with this legislation we're going to tie the arms of many prosecutors because they will not be able to get co-defendants or other people who are aware of this gang's activity to testify. They're going to loss the ability to get information that they now have. I think we're also going to create a great cost, a 23  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 great cost to our government and our...court system because you're going to clog the courts up with cases that will not be where the people will not be found guilty because you won't have the testimony needed from those who have been involved."

"Have all voted? Have all voted who wish? Have all voted who wish? Representative Homer."

"Yes, I would like to explain my 'present' vote, Mr. Speaker. I definitely agree that this Bill is well intended. Gangs have become a problem, not just in the urban areas, but also in the rural areas such as the one that I represent. And so there's a strong inclination to want to do something, to put a stop to gangs and the power municipalities to seek in junctions. The problem, Mr. Speaker, is that the concept of filing an action against an enity, a legal entity, is one that does not fit well with gangs because gangs do not file for Articles of Incorporation with the Secretary of the State and there is no registered agent on file with the Secretary of State and no legal structure that...that would lend itself to an analogy where a corporation is sued or some official legal entity. So here we have a lot of loose concepts, a lot of terminology that don't fit into the Illinois scheme of things, and my clear view of this is that there are..."

"Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 93 'ayes' and 19 'noes'. Senate Bill 2154, having received a Constitutional Majority, is hereby declared passed. The Democrats will have a Caucus immediately in Room 114. Representative Wennlund."

"Thank you, Mr. Speaker. The Republicans will have an immediate Conference in Room 118. Hangar 118." 24  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

June 19, 1992 "All right. The Republicans will be in 118 and the Democrats will be in Room 114. The House will stand in recess until 11:30, approximately one hour for this Caucus. The House will come to order. Senate Bill 3275. House Bill. House Bill 3275. This Bill has been read a second time previously, Mr. Clerk?"

"This Bill has been read a second time previously. Amendments 1, 2, 3 and 4 were dispensed with previously."

"Further Amendments?"

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

"Mr. Steczo."

"Thank you, Mr. Speaker, Members of the House. I would move for the adoption of Amendment #5. Amendment #5 provides that one of the directors of the Airport Authority will..."

"Your pleasure, Mr. Steczo, the Bill is clean. There's nothing on the Bill at this point. Is that right, Mr. Clerk? There are no Amendments adopted."

"There are no Amendments adopted."

"There are no Amendments adopted."

"That being the case, Mr. Speaker, I guess...I guess the question would be if Amendment #5 is in order."

"Mr. Pollak? Is the Parliamentarian in the complex? All right, I'm advised that Amendments 5 through 18 are out of order because they're predicated on the adoption of Amendment #4 which failed. So, Mr. Clerk, Amendments 5 through 18 are out of order. Further Amendments?"

"Amendment #19, offered by Speaker Madigan."

"Speaker Madigan."

"Mr. Speaker, this Amendment is substantially similar to 25  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 Amendment #4, which was previously considered by the House. There are changes from Amendment #4 to this Amendment #19. So, this Amendment would provide that there would be a nine person board of directors, and prior to the receipt of the Lake Calumet site transportation and environmental approvals, the Governor of Illinois would appoint two directors with the advice and consent of the Senate, one of whom would be designated as the Chair of the Authority. The Mayor of Chicago would appoint five directors to serve until the approvals are received. The Governor of Indiana would appoint two people to serve until the approvals are received. One of the Indiana appointees would be designated as the Vice Chair of the Authority. Upon the receipt of the approvals, the terms of two of the Mayor's directors end and the board is composed of nine members with both the Governors and the Mayors each entitled to appoint three directors. A majority of board members would constitute a forum. All action must be by Resolution and must be approved by a majority vote, which would be five. Prior to the receipt of the approvals, the following matters require a majority vote of the Mayor's appointees, the Illinois Governor's appointees and the Indiana Governor's appointees: any transfer of Midway or O'Hare to any other entity; employment of any outside professionals related to the Lake Calumet Airport development which would extend more than six months beyond receipt of the approvals; issuance of any bonds for the Lake Calumet Authority or execution of any airport use agreements; any agreement regarding transfer of existing O'Hare and Midway operations to the Authority or any purchasing regulation agreements; adoption of purchasing regulations; adoption of personnel regulations; determination of the boundaries of 26  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 the Lake Calumet Airport site, which may not be determined prior to the appointment of the Indiana directors. There are changes relative to the exercise of eminent domain. The exercise of eminent domain power to acquire property in Illinois, but outside the City and outside the Lake Calumet Airport site, requires the approval of the Illinois directors. A similar provision applies to the exercise of eminent domain power outside the Lake Calumet Airport site in Indiana. Section 15-20(d) provides that each capital plan and that portion of the budget relating to O'Hare and Midway may be adopted or modified only upon the concurrence of a majority of the Mayor's and the Illinois Governor's directors. Thus, Indiana does not have a voice in O'Hare and Midway operations. The exercise of eminent domain power outside the Lake Calumet Airport site is limited, (a) to Cook County and, (b) to the relocation of railroad lines and utilities within five miles of the Lake Calumet Airport site. Eminent domain may not be used within Cook County for treatment or storage of hazardous or solid waste. There will be created two commissions that would be concerned with noise: one at O'Hare and one at Midway Airport. Each commission would be composed of five people each, and the appointments would be made by the Governor. There would be certain geographical restrictions relative to the appointees to each commission. These commissions would be involved in the disbursements of the money which is available today from federal sources for the sound proofing of schools, hospitals and residences. In addition, these commissions would be involved in making recommendations to the Federal Aviation Administration concerning the patterns for takeoff and arrivals of airplanes arriving and departing from both O'Hare and 27  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 Midway Airport. Concerning home rule: The Act permits the Authority to enter into an agreement with either the City of Chicago or Calumet City for the Authority to have exclusive power to exercise any power granted the Authority under this Act. The authority and Chicago or Calumet City may also agree that such powers may be exercised concurrently or may be exercised exclusively by the municipality. The Act prohibits the development of the Lake Calumet Airport until the Authority enters into such an agreement with Chicago. Thus, the Act will avoid home rule limitation problems by allowing Chicago to enter into an agreement with the Authority in Chicago or where Chicago could waive its home rule powers over the Lake Calumet Airport, and permits the Authority exclusive power to take action under the Act on airport property. Concerning the...the ability of the Authority to use land currently owned by the Cook County Forest Peserve District: The Authority would be given what is called a right of entry over property owned by the Cook County Forest Preserve District. When this is done, the Authority is under obligation to replace that land on a one and a half basis so that there must be replacement of property lost from the Forest Preserve District to the newly created Airport Authority. The language which previously dealt with the delegation of authority from the Environmental Protection Agency is removed, and the newly created Airport Authority would be subject to the jurisdiction of the Environmental Protection Agency. Mr. Speaker, I move for the adoption of the Amendment."

"And on the Gentleman's Motion, Representative Daniels."

"Mr. Speaker, Ladies and Gentlemen of the House. Mr. 28  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 Speaker, under Rule 55(d), I join with 10 other Members on the Republican side to demand a Roll Call vote. Would the 10 Members, or more, please stand up SO they can be identified. So, we of course, understand that there will be a Roll Call Vote. Thank you."

"Speaker Madigan."

"Mr. Speaker, would Mr. Daniels permit me permission to join that demand?"

"Yes."

"Thank you very much, Mr. Daniels."

"Is that the end of your..."

"I'll...I'll be almost as brief and say that an Amendment that contains 126 pages, that was delivered, Amendment #19, as we were in Caucus, course, flies in the face of what our responsibility as Legislators...contains. We are expected, as elected by our people, to cast votes knowledgeably and with full information. The Speaker knows that this Amendment that is being presented right now won't pass. He understands that. Let's not be confused. He inserted, at 2:00 in the morning, another provision...from one of his Members, regarding certain quotas that must be fulfilled in the appointment of some of the Authority members. Those quotas... We have serious questions about the constitutional effect of that's inclusions in Amendment #19 and think that if it were included may place this whole Amendment under jeopardy of constitutional guidelines. Furthermore, some of our Members want to know, if once we adopt this, then are we unable to make any kind of changes in the future? Because we're being told that, 'Well, maybe future Legislatures can amend that.' I'm not sure that's the case. I think that with Indiana and federal law and Congress, that it takes it out of our hands. So, you know, 29  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 I guess I'll treat it just like it was treated when it was handed to us while we were in Caucus. Let's not anybody be confused. There's no serious intent to pass this Amendment or this Bill. One can only speculate what else is behind it. On the Republican side of the aisle, I would suggest that Members hold off...until we are able to analyze this and to give you enough information. At that time, of course, we'll be prepared to enter into some meaningful debate. We do not support it."

"Representative Balanoff."

"Yes, Mr. Speaker, Ladies and Gentlemen of the House. Will the Sponsor yield for some questions? What I'd like to know is: In the Amendment, how do they define 'passenger airport' as it relates to O'Hare and Midway?"

"Mr. Balanoff, would you repeat your question?"

"Yes. I'd like to know how they define 'passenger airport' as it relates to O'Hare and Midway."

"I'm not sure that we understand your question, Mr. Balanoff. We believe that those two airports are covered by the existing language of the Illinois Aeronautics Act."

"What I guess I'm getting to is: How many operations a year would they have to maintain to be considered passenger airports?"

"O'Hare would be 100,000, and Midway would be 1,000."

"How many current operations are there at Midway?"

"I don't know."

"My understanding is there are about 200,000. Do you believe that with a 1,000 operations a year and an operation, for everybody that doesn't know, is a take off or a landing, do you believe that that is enough to maintain the economic viability and the economic engine of the southwest side - which everybody calls Midway Airport - 30  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day if it is correct that there are operations?" June 19, 1992 currently 200,000

"Mr. Balanoff, as you know, I live closer to Midway Airport than you do, and I can tell you that Midway Airport has had a checkered history. At one time, it handled single engine planes, and then it became the busiest airport in the nation, and then for many years it was a ghost town, and then, recently, there's been a commercial revival. So, my view is that the level of activity at Midway Airport will be determined by the number of pilots and airlines that want to land their airplanes there."

"Okay. Just a couple of more questions. Is there anything in the legislation that would prohibit new runways at O'Hare?"

"No."

"And one last question then I certainly would have some comments on the Amendment: how much money do you feel will be raised by the passenger facility charge in the total picture of $11 billion that would be needed - at least that the proponents say would be needed - to build a Lake Calumet Airport?"

"I could only rely upon the estimates which would be advanced by the proponents of the Lake Calumet Airport, and I'm sure you know those better than I do."

"Well, okay. Well, thank you very much. To the Amendment. You know, last night I thought real long and very hard about what to say today about the proposed Lake Calumet Airport and the creation of a Regional Airport Authority. I thought about talking about my home and the 8,000 others that would be bulldozed for an airport. I thought about talking about the over 50,000 people who would be displaced if an airport were to be built at the 31  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 Lake Calumet site, and that is more people than in any...than in 92 of the 102 counties in the State of Illinois. I thought about talking about the over 1,500 acres of, in some case, globally significant wetlands that would be destroyed. I thought about talking about the environmental problems that will not be cleaned up and problems that will persist threatening the drinking water for over 8 million people. I thought about talking about the hundreds of businesses that would be lost and the thousands of good - paying industrial jobs that would be lost and replaced with minimum wage jobs - flipping hamburgers at a McDonald's or making beds at a Motel 6 - at the cost of $270,000 per job created. I thought about talking about the quality of life: the noise, congestion and so on around an airport, for the neighborhoods that would remain, neighborhoods with names like Chatham, Chesterfield, London Town, Pullman, Dalton, South Holland, Goeffrey Manor, Calumet City, Lansing, the East Side, and I guess I could go on, and on, and on. I thought about talking about how the Lake Calumet Airport, even remaining on the table, will guarantee more runways and flights at O'Hare. And I thought about talking about what every expert has said (and is included in the city's feasibility study) that Midway Airport would not be able to stay open. I thought about talking about the $7.5 million that was spent by the TAMS consultants and was completely thrown out of the window when the bi-state political commission made their selection, but today I decided to talk about the financial feasibility and the tremendous economic burden that every taxpayer in Illinois will share in and suffer with if Lake Calumet is ever built, and I would hope that Legislators listen very, very carefully to this. First, 32  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 the price tag, as negotiated by the City of Chicago down to, as they say, a mere $ll billion, over three times the cost of the most costly airport ever built in this country (which is currently Denver), and, again, expert after expert has testified that it is drastically under cost, including an editorial this month in what some call the bible of the aviation industry, Business and Commercial Aviation. But let us assume that this $ll billion price tag is correct. How will it be funded and is the funding there? The City says that about $1 billion will be raised, will come from the passenger charge that they helped muscle through Congress, and the proposal is predicated on $1.5 billion from airport improvement program funds from the Aviation Trust Fund. That still leaves the airport, if their numbers are correct, over $8.5 billion short. And how would this be raised? It'll be raised by issuing airport bonds. Investors consider the Denver proposal so risky that they're currently issuing BBB-rated bonds to fund that airport, and that's just a mere step above a junk bond. And how are these bonds paid off? These bonds are paid off by enplane passenger costs. That's the cost of doing business, including debt service, at an airport. The enplane passenger cost at Detroit major airport is $1.50. At O'Hare it's $10, and United Airlines just negotiated a long-term contract with Denver for the rental of 44 gates. And in this they agreed that the enplane passenger cost would never exceed - never exceed - in the life of this contract, $20 in 1990 dollars. Now, I'm sure that you're asking, 'What would the enplane passenger cost be for Lake Calumet?' Well, these are hidden in Technical Paper #17 of the TAMS final report, the financial feasibility, which they say is still in draft form, and I will let you know 33  158th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992 that I and many others, have Freedom of Information requests in to the City of Chicago (and I imagine there are probably some in to other bodies that have this working paper), and we...they have never been received, kind of reminiscent of something that I recall, about 20 years ago, an 18-minute gap in a tape. What do they have to hide? They're hiding from the fact that the enplaned passenger costs, according to experts (including Bob Donahue who many of you know as the former Director of Aeronautics for the State of Illinois and former Associate Director for the Federal Aviation Authority in Washington, D.C.), will be between $160...$75 and $125 per passenger in 1990 dollars at Lake Calumet before any plane ever moves. This is all of our guarantee: that the financing will not work. Airlines will not use it and taxpayers across the State of Illinois will have to pay because no one will allow investors not to be paid. But the City and the State's bond rating would hit rock bottom if they allowed it to go belly up. And I guess I could go on and on about the loss of infrastructure dollars to Downstate Illinois and to the Collar Counties to service this project. I guess I could talk about the...like the very tough votes that many people made in the last couple of days to cut Mental Health, DCFS, and not to open prisons which will provide jobs in many Downstate communities. If you vote 'yes' today, you're voting for an $11 billion pork barrel project that every taxpayer in the State of Illinois will pay for. With that, I really urge everybody to think about this not only, in certainly my case, for the human terms and the destruction that it would mean, but certainly as fiscally responsible Legislators, and I urge everybody...I think there shouldn't be a vote up on that board for this multi-billion dollar 34  158th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992 pork barrel boondoggle."

"Representative Curran."

"Thank you, Mr. Speaker. I couldn't help but notice the mention of the Community of Chatham as one of the communities being affected by this legislation. But there is another Community of Chatham which has been affected also by things that we have done here recently, and that community is in my district, and I think for any Legislator who represents any sliver of the area around Central Illinois such as Jacksonville or Carlinville or Litchfield or Decatur or Clinton or Lincoln or Petersburg or Havana, (not as far over as your district), we all understand what action was taken here recently which affected state employees and which really gutted economic development, because it gutted the jobs for over thousands of state employees. Not all of them will be here but a substantial number, certainly hundreds, would be from this area. And now we find that in another community of Chatham, not Central Illinois but Northeastern Illinois, economic development is being discussed, and, as Representative Klemm suggested, at the cost of $270,000 per job. I cannot understand how we can abandon Central Illinois, how we can abandon state employees who through no fault of their own find themselves to be victims of the current budget crunch and then drop an $11 billion pork barrel project on Northeastern Illinois that we don't have a clue how we're going to pay for. I understand the need for economic development all around this state, and what the Gentleman is attempting to do for his own area Cook County and Northeastern Illinois is commendable, but it cannot be done at the expense of the rest of the state. It cannot be done at the expense for decades of paying that we all know that 35  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 we're going to have to pay in the cost overruns that will be associated with this. And it cannot be done at the expense of thousands of state employees and their families and their communities that will suffer by what we have already done in this legislative year with this current budget crunch. I ask, respectfully, for a firm 'no' vote."

"Representative Giglio."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Well, once again I rise, and I'm not going to reiterate some of the statements I made a week or SO ago with regard to that Amendment versus this Amendment. I just want to remind my colleagues that...going back in February when the bi-state committee adopted the air... Lake Calumet Airport as the best site and now it has to be approved by four of the federal agencies, anything we do today with this Amendment or any forthcoming Amendment is all premature. The Federal Government must sign off on this site. The Federal Government must have hearings, and, in my judgment, whatever we do here only is going to say to the federal agency that, 'yes, we back the Mayor and we back the Governor of the State of Illinois.' If you do that or you want that, with their choice, then I guess you would vote 'yes', but if you'd listen to the remarks of the previous speakers today and last week, you have to ask in your own mind whether or not you'd like to see this airport built at Lake Calumet. So, at this time, I would say, 'Don't vote for this Amendment.' Let's wait and see what the Federal Government does, whether or not they approve this site, and then we could continue on like we should in a reasonable...in an economical manner. Thank you."

"Mr. John Dunn, Representative Dunn."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the 36  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 House. As I was driving to Springfield one day earlier this week, I had the radio on listening to NPR, and there was a long, fairly detailed program about action pending in the United States Congress involving the super-conducting super-collider. Some of you may recall that that is a project actively sought by the previous administration for Illinois, an $8 billion project. The radio report indicated that and as you may know, that project went to Texas - currently, $1 billion has already been spent on that project and because of the difficult times which have even finally reached Washington, D.C., there is pending in Congress a proposal to stop that project, because an $8 billion project is too much even for the Congressmen in Washington to tolerate in this type of atmosphere that we find ourselves in in this state, in this nation, during these difficult economic times. If Congress is thinking about grinding to a halt an $8 billion project (which has already been authorized, already has a billion dollars spent upon it), how can they look favorably upon an $11 billion project which, to this point, we have heard nothing about how it's going to be paid for, except a passenger facility tax on the...traffic at the airport and the federal 'deep pocket'. The federal deep pocket may not be as deep as some have indicated; and of course for those of us who are from Central Illinois and Downstate Illinois, if we go to Lake Calumet and board an airplane and purchase a ticket, we'll be paying for the cost of that airport and, maybe, that's how it should be. But if we're going to participate in paying for that project, we ought to have some say about what happens with regard to that project, and we ought to know, in a responsible fashion, what the costs are involved with that project. Were now at the end 37  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 of the June Session. Just last week in this chamber, took responsible but very painful action to adopt a budget for the State of Illinois for the forthcoming year which shortchanged a lot of things that...a lot of critical services that many of us believe in, relating to Mental Health and Developmental Disabilities, Children and Family Services, relating to those who are the most helpless - the sick and the poor. We did what we had to do because we felt that the bottom line number of dollars was all that we had to allocate, and we had to present a budget within that framework. Well, at that moment in time, the door...cracked open a little bit and responsibility got a peek inside and tiptoed inside, and I thought, for just that very moment, that maybe we had turned the corner in State Government and we were, at last, going to do what the taxpayers have wanted us to do for years and years and years, and that is to be responsible with taxpayer dollars. But those of you who are out there expecting and wishing and wanting and realizing that government goes on the way it is, rest assured, the door has closed. Responsibility is out the window, and we're now considering an $11 billion airport project, and we have no damned idea how we're going to pay for it. Vote 'no'."

"Representative Santiago."

"Thank you, Mr. Speaker. I'll be very brief. I just want to point out that a few minutes ago we had some 19 Amendments on this Bill. All of a sudden we have zero Amendments on this Bill. I had three important Amendments which address a very large population in the City of Chicago, and that population is the minority population. I'm referring to the black population, the Hispanic population and the woman population in the City of Chicago. 38  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 I don't see no affirmative action program in this Bill. All I see is goals. What happens at McCormick Place? Has anyone here, in your community, have you received a job at McCormick Place? No. The same thing is going to happen at Calumet Airport. You're going to get promises and promises from certain individuals (and I'm not going to name them because you know who they are. You know who they are.), and I'm referring particularly to an individual that I call the 'Joe Isuzu' of city government, and you know who that person is. But getting back to serious point, what I want is for my community, the black community and the women's in the City of Chicago to have a fair and equitable plan, where they will be able to get jobs. And I intend to bring these Amendment backs and put them on this Bill because it...it is the right thing to do for the State of Illinois and for the City of Chicago. Thank you."

"Representative Trotter."

"Okay. Thank you very much, Mr. Speaker, Members of the House. I, too, rise, as the people before me, in opposition to this Bill. There is some learned individuals, much more learned than I and probably you as well, that have said that no wine is served before its time, and there's definitely some validity to that statement. Even if we overlook the fact that 50,000 people will be displaced and not adequately compensated for their homes, and in spite of the...that we'll be destroying hundreds of acres of prime land, of natural areas in which geese live and other kinds of people and things, right, in...wetland areas; and even if we...regardless of the fact that the toxics that will be emitted as a consequence of the incineration proposal that they have in cleaning up this area will poison generations to come, we must, at this 39  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 point in time, consider the fact that we can't afford this project. As the people before me have said $ll billion, has been said is going to be the cost of this project. Since when did any project here in the State of Illinois cost the bottom line? We're talking about $25 billion is going to be needed to work on this project. This isn't a time to be considering this. As other people have said, people who have studied this program have pointed out, if it's the sole purpose of the City of Chicago and other little organizations to clean up this area, to...for some kind of urban renewal project, then we should be considering getting federal funds from the Department of Housing and Urban Development. This is not the route to take at this time. There's a lot to learn from people on television. (Just ask Dan Quayle he'll tell you.) You know what time it is, and it is not time for this project, and I, like the others before me, ask you all to vote 'no'."

"Representative Shaw."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Certainly, I rise in opposition to...this Bill because, as some of the previous speakers have pointed out, that we don't have the necessary permits from the Federal Government. There's a lot of people that haven't signed on to this Bill that need to sign on to this legislation or this project. And what we are doing here just seems to be in futility, of going through the motion. But beyond that I believe that $ll billion is far too much money to be spending for this type of project at this particular time. When...when we talk about...Here last week, we talked about and cut all types of programs, and we are attempting to cut those programs today, and we will cut 'em by June 30th. 40  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 We'll be taking money from senior citizens, from the schools, from young people, and so forth. And...but yet, when it comes to a pet project like this, we're going to find $ll billion to pay for this type of program. When we are punishing people who cannot help themselves. I think this is a bad public policy. I think that this Bill should...this Amendment should be defeated, and I ask my colleagues to vote 'no' on the Amendment."

"Representative Black."

"Yes. Thank you very much, Mr. Speaker. I sense a definite lack of consensus on this issue. I...I'm not even sure that those Chicago-area people that I depend on often to tell us what...what we need to do in this state are in agreement on this issue. It appears to me that this project has a tremendous amount of work yet to be done on the other side of the aisle. So, in that spirit, I...sensing this lack of consensus, I would simply move the previous question, and perhaps we'd better get on to additional work."

"Representative Davis."

"Thank you very much. Will the Speaker yield?"

"Yes."

"You know, Mr. Speaker, there are many times when we're leaving Springfield, and we're heading to Chicago where our districts are, and...and we're flying into Meigs Field, and we're told, because of the lake and the fog over the lake, it's impossible to land at Meigs, and your plane must now land at Midway, or leave from Midway. Now, my question is: Will there be the similar kind of fog over Lake Calumet or will there be a fog blower? I mean, you know, like sometimes a little plane..."

"Maybe the... Maybe the Sessions of the Chicago City 41  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 Council could be held close at hand and there'd be so much wind blowing out of there that the fog would stay away."

"I knew he'd have the answer. Thank you."

"Speaker Madigan, to close."

"Mr. Speaker, Ladies and Gentlemen. First, let me compliment the Members of the House who rose today and spoke on behalf of the people of their district, in particular, Mr. r. Balanoff, Mr. Giglio, Mr. Trotter, Mr. Shaw. These are people who are representing districts that obviously would be adversely affected by this proposal, and, is the...and as is the expectation, they came to this Body today and, to the best of their ability, they argued persuasively against this proposal. Unfortunately, there were others who rose in debate and offered arguments against this Amendment that, in part, related to the Amendment but then, in part, did not relate to the Amendment. Some of them are upset because developments in this Session are not going exactly they way they want them to go, and so they decided that they're going to exercise their...their frustrations on this particular Amendment, and to those people, I simply want to say that as I continue to serve in the General Assembly, I will continue to do my level best to promote the interest of Illinois' biggest company town: Springfield, Illinois. Secondly, I want to pledge now that the next time that this Legislature is presented with a matter that concerns ethanol you know, where they come in here and they want a tax break which is a subsidy for ethanol, the next time that somebody comes along looking for help for Archer-Daniels-Midland, I plan to try and be helpful to Archer Daniels Midland because I know it's a big company, it's important to this state, and it doesn't bother me so 42  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 much that they might get a tax break from the state which would be a subsidy. And I'm not going to complain too much that right now they're out in Washington trying to persuade the Federal EPA to give them an exemption on air quality standards, which will further increase air pollution in the Chicago region. I'll just continue to breathe all of that lousy smoke up in Chicago, so long as we can get this help for one of Illinois' biggest companies. Concerning affirmative action, the language in the Bill is language which I'm advised by lawyers for the Governor and lawyers for the Mayor is the best language that can be enacted into law today in light of the Richmond decision from the United States Supreme Court. And in this regard I would say to someone else that if you have legitimate complaint about this Bill, if you also want to represent the interest of your district, then I think you ought to do that, but, really, you ought not to complain that on a nine person board - think about this - on a nine person board one would be a woman, one would be Hispanic and one would be black. In today's reality, the way things are today, for someone to say that on a nine person board we should not require that one would be a woman, one would be black, one would be Hispanic, is really not worth even raising as an argument. And, lastly, I want to compliment Mayor Daley because he's a man who's true to his word. He signed a document called the Memorandum of Understanding. I have it right here. The document required those who signed the document to exercise their best efforts to secure the passage of this Bill, and the Mayor has been good to his word. For all of those reasons, Mr. Speaker, I recommend an 'aye' vote."

"Question is, 'Shall Amendment #19 be adopted?' All in favor vote 'aye', opposed vote 'no'. Have all 43  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992 158th Legislative Day voted? Have all voted who wish? Representative Ropp wishes to explain his vote."

"Thank you, Mr. Speaker and...I think there are times that we in the Legislature do not look far enough into the future, and I'm sure that those people who are putting this package together are attempting to do that, and if it doesn't pass today, I think maybe we might be criticized for that down the road. But I certainly think at this particular point in time, we on this side of the aisle need some more answers in a very important project. And even though the previous speaker mentioned about ethanol and the importance that it may or may not mean to certain areas of the state, I truly think that all of us in the State of Illinois tend to benefit when people are employed and working, and I guess on the plus side, if this project isn't one of the biggest projects that would provide tremendous job opportunities for people in a certain part of the area, then I don't know what kind of a project it would take to do it."

"Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Amendment, there are 36 'ayes' and 68 'noes', and the Amendment is defeated. Further Amendments? Mr. Speaker."

"Mr. Speaker, would you please take the Bill out of the record?"

"Yes. Take the Bill out of the record. Senate Bill 1722, Representative Lang. Mr. Clerk, the Bill's on Second Reading. Read the Bill."

"Senate Bill 1722, a Bill for an Act to amend the Burial on Sunday and Holidays Act. Second Reading of the Bill. Amendment #1 was adopted in committee."

"Are there any Motions on the Amendment?" 44  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

"No Motions filed."

"Any Floor Amendments?"

"Floor Amendment Lang." June 19, 1992 #2, offered by Representative

"Representative Lang."

"Thank you, Mr. Speaker. Senate Bill 1722, or the Amendment #2 thereto, would embody language that was developed as a result of the latest cemetery strike. As you know, there was a cemetery strike not too long ago, and during that cemetery strike, there were some bodies that weren't buried. It's not a fun thing to be talking about on the floor of the House of Representatives, but, in fact, there were bodies piling up. As a result of that problem, many went to court, to a Judge Berman in Cook County, who developed a plan to make sure the bodies got buried. As a result, the bodies were buried, but at what cost? Emotional disturbance for families; problems for the cemeteries; problems for the unions. This has created a general problem throughout the community, particularly communities such as the Orthodox Jewish community where, through religious beliefs, human remains are to be buried very quickly, and it is a religious violation to let a body just sit in the funeral home waiting to be buried. And so, for months, there have been meetings between parties to try to resolve these issues. The unions have been at these...the table; the Catholic Conference; the Jewish Federation; the Cemetery owners; people who were involved as litigants with the case with Judge Berman in Chicago, and we've come close together on agreements and then we've been far apart on agreements. The bottom line is this: The proposal in Amendment 2 embodies a good deal of what the unions have requested, embodies a good deal of what the 45  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 Catholic Conference has requested, a good deal of what the cemetery owners have requested, and has been signed off on by the Jewish Federation. In short, the language here, parts or all of it, have been agreed to by every party at the table. Now to be sure there's language in here that the cemetery owners don't like, and there's an Amendment following this Amendment (that I will ask you to resist), which does part of what Amendment 2 does but it will not ensure, in my opinion, that the bodies will be buried. It will not ensure, in my opinion, that the religious among us who need to have human remains buried in short order, does not ensure that the...the risk to them will be taken care of. (Senate Bill) 1722, this Amendment, will establish a mechanism to prevent labor disputes which disrupt burials by encouraging arbitration of labor contracts. The unions requested that. On the other side, the cemeteries requested, in accordance with the order by Judge Berman, that a labor pool be established in case of a labor dispute to assist with religious burials. That is in the Bill. In short, we passed a similar Bill to the Senate which died in a Senate committee because there were 2 or 3 members missing that day, and, in short, this is an Amendment that will ensure that bodies are buried. Now, it may be that for some human remains can lay around for some time and it's no big deal. But there are some religious groups in this state where it is absolutely imperative, if we're to give them the freedom of religion that they desire and the freedom to live in the State of Illinois and to feel like the State of Illinois cares about their lives, is absolutely essential to allow people under these circumstances to bury their dead with dignity. And under the current situation, when people have to go to court to to 46  158th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992 get injunctions and to have a judge create new law, in essence, to require bodies to be buried, we'd failed. We failed. And when the Senate killed this Bill in committee, they failed. What we want to do is give the Senate another opportunity. This Amendment embodies the best of all of the comments of all of the people at the table, and there were many hours of debate. This is a critical piece of legislation for burial with dignity, and I would urge an 'aye' vote."

"Representative Black."

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

"Yes."

"Representative, why does this Amendment only affect privately owned cemeteries?

"No particular reason, Representative Black. That's...that's the way the Bill was originally drafted. If...if, in fact, that was a sticking point for you, I...it would be perfectly all right with me if we included some other cemeteries."

"I just wanted to know if there was a particular reason. Let me ask you another question. This only affects counties of 500,000 people or more. Is that just the way you decided to cut off the population, or is it where you had the bulk of the problems?"

"The bulk of the problem was certainly in Cook and Lake counties...and, again, statewide coverage would not bother me if that was a problem for you."

"One other... Well, thank you, Representative. Mr. Speaker and Ladies and Gentlemen of the House. I have a great respect for the Sponsor of this Amendment, and, Ladies and Gentlemen of the House, this is a very serious Amendment, 47  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 and I think you should listen carefully to debate on both sides, and vote as carefully as you, hopefully, will listen. What I don't understand about Amendment #2 is why various labor organizations would support a Bill that takes away their right to strike. Now, granted, it gives binding arbitration, but it still takes away organized labor's right to strike. It would seem to me that organized labor and the cemetery owners or operators could put this language in a collective bargaining agreement if both parties wanted to do so. I fail to understand why we have to put this in state law. I would think there would be a precedent there that might make some people in organized labor just a bit nervous. Furthermore, it's my understanding, and correct me if I'm wrong, Representative, but it is my understanding that the Archdiocese of Chicago does not stand behind this particular Amendment, and, furthermore, the Cemetery Association does not stand behind this Amendment. I would not get up and speak against the Gentleman's Amendment if we did not have something to offer in its place, because the underlying problem, the underlying difficulty that the Gentleman is attempting to address is serious indeed. And it must be addressed. I would simply submit to you that Amendment #3 represents, perhaps, more of a compromise position than Amendment #2. And so I would urge you not to support Amendment #2, and I don't take that opposition lightly. This is, indeed, a very serious matter, and I would hope that Amendment #3, if Amendment #2 does not pass, could warrant your support, because, obviously, we want to address the concerns that Representative Lang has so eloquently addressed. But I feel, for the reasons I've enumerated, I must ask for a 'no' vote on Amendment #2 to Senate Bill 1722." 48  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

"Representative Preston." June 19, 1992

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise in support of Amendment #2 to Senate Bill 1722. As the previous speakers have both mentioned, this is an extremely important subject for us to be considering. Think of someone who has been very observant of his or her religious precepts for all of their lives. In the case of the Orthodox Jewish community this would include...great concern about the kashrat rules, the rules of keeping kosher, Sabbath observance, observing the festivals and the holidays but, yet, under present practices, it's possible for this same religious individual, in death, to not be able to keep the Commandments according to his or her religious beliefs because they cannot be buried in a timely fashion. A whole lifetime observing their religious beliefs, but in death they are prohibited because of, perhaps, a union conflict with...with a cemetery management, they can't be buried. This does not affect many people. It affects very few people, and those few people that it does affect are fundamentally affected adversely unless we adopt this Amendment. I urge you to consider that and to please vote 'yes' on Amendment #2."

"Representative McCracken. Homer."

Representative Homer: "Question...question for the Sponsor, Mr. Speaker."

"Yes."

"Representative Lang, did I understand you to say that this...your Amendment is supported by the AFL-CIO?"

"Yes, thank you. The AFL-CIO supports this. The Service Employees' Union supports this. In fact, all the unions support this proposal."

"I have in my hand a...labor's position on Bills in the 49  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 House. It was dated June 16th of 1992, and nowhere on that list do I see a labor position on this Bill. Would you explain that?"

"Well, I can't explain that, but I'm looking out through the window here and I see labor nodding their head. Labor's got thumbs up. They're jumping up and down. Labor's on this Bill four-square. So if we need to reprint this piece of paper to satisfy you, we'll be happy to do that."

"Further questions. What happens if there's someone who is...who is subject to interment but cannot be interred because of labor problems in a non-union cemetery. Does your part #1 Amendment do anything for that...corpse?"

"The Amendment discusses a labor pool. It doesn't say anything about unions. It says a labor pool."

"The first part of your Amendment that talks about binding arbitration: Does it affect anything with regard to non-union cemeteries? Yes or no?"

"I believe not."

"Does it do anything for a corpse that happens to be in a county of less than 500,000 population?"

"No."

"Does it do anything for a corpse that happens to be in a non-private or public cemetery?"

"No."

"All right. Mr. Speaker, to the Bill, to the Amendment, I would urge a 'no' vote on Floor Amendment #2. This is a very serious problem, and we have an Amendment, which is House Amendment #3 to follow, which very incisively and specifically addresses statewide - private, non-private, every county, union non-union, the issue of the failure to inter remains due to a labor dispute. It provides...for 50  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 the second part of this Amendment which is what goes directly to the heart of the issue because it goes to the...to the purpose for which this Bill is advanced and that is to bury and provide a decent burial for individuals where they are not being buried because of labor strife. I would urge a 'no' vote on Amendment #2, a 'yes' vote for Amendment #3."

"Representative Levin."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of Amendment #2. One of the most fundamental things in this country is the right to practice one's religion. And what we went through earlier this year, with the cemetery strike in the Chicago area, imposed severe anguish on untold hundreds of loved ones of persons who passed away. We have the opportunity with this Amendment to say we're not going to allow this to happen again. Last week, I was before Judge Berman, who was the judge who handled the case involving the cemetery strike, and it was his opinion, when we talked about this issue and the fact that there was legislation pending, that we needed legislation in order to resolve this problem so it would not happen again. This Amendment is a balanced Amendment, Amendment #2. It imposes sanctions for violations equally on labor and management. It is a balanced approach, and I urge you very much to support Amendment #2."

"Representative Lang, to close."

"Thank you, Mr. Speaker. I don't know what all the red herrings are about labor being not on this Bill. Labor's certainly on the Bill. A good portion of the Bill is exactly what you'll find in Amendment 3. The only difference with this is that this Bill requires labor and management to get together under these unique 51  158th Legislative Day circumstances. STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992 We're not talking here about a situation where we have a labor...labor/management dispute, and they're arguing over things that don't affect the lives of people directly. We're talking over the burying of dead bodies. We're talking about bodies. What are we going to do with the bodies? How do we get labor and management together to do that? And the part of this Amendment that the proponents of Amendment 3 dislike deals with arbitration, and this is not curtailing the union's right to strike. (The unions helped write this Bill.) What this says is that if the parties get together and arbitrate, great. And if they don't, there's a penalty to do that. And why do we have that penalty? That penalty is so the emotional trauma of those bodies' not being buried does not have to be visited on any other family at any other time. Now, I recognize that some may be on the side of the Cemetery Association here; certainly many have spoken, and they are, but the issue here is not labor. The issue here is not management. The issue here is putting those bodies in the ground in a decent, fair way that eliminates emotional trauma on human beings. A right to a decent burial is what this is about; without hurting and disrupting families any more than they have to be disrupted. The labor/management dispute, although important, is beside the point. The original proponents of this Bill are not labor. The original proponents of this Bill is (sic - are) not management. The original proponents are people that are concerned about bodies that are not being buried, where there are people, old and young, sitting and crying for days and days because they can't put their loved ones in the ground. Now if that isn't reason enough to pass this Bill, if that isn't reason 52  158th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992 enough to go a little beyond the ordinary in dealing with a labor/management dispute so we can deal with the emotional trauma of death, then I don't know what is. This requires one small step beyond the normal handling of a labor/management dispute because of the emotional trauma involved for families. Could be your family. Could be my family. This is critical for families. Vote 'aye'."

"Question is, 'Shall Amendment #2 be adopted?' All in favor vote 'aye', opposed vote 'no'. Representative Rice, to explain his vote."

"Very...very few times that I talk about other people's religion. I certainly think, as an American and as a Christian and as a religious believer, that we...we have the obligation to respect our fellowman, to understand the needs of our fellowman. And, certainly, in the time of sorrow, there should be only one thing to show up on that board, and that's green. Please. Please."

"Representative Phelps."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I don't really rise to claim that I understand all the intricate...subject at hand, but I do know one thing, that human decency speaks loud and clear beyond a lot of issues. And I think if nothing else was communicated enough to convince me that...loved one's wait aside while the living dispute and bickers that that's probably the...the ultimate message that we all should be living by and that's at least to honor the dead. Vote 'aye'."

"Representative Schoenberg."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is, indeed, a very emotional issue, because for those of us who come from the great religious traditions that are represented in this country, the issue 53  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 of religious pluralism is a fundamental tenet to American democracy. The 'no' votes that are up here today tell me that religious pluralism, which makes it possible for communities such as the one that I belong to, that you don't belong (sic). I'm asking you, my community and other communities, we're an integral part of the religious and moral fabric of this country. We have to look beyond the basic, basic issues and address issues of a higher plane and that's of morality, and if there's ever a morally compelling issue, it's this. And it may not affect your community, and it may not affect you personally one time, but it will affect me. It will affect my family. It will affect my neighbors, both of my faith, and of others. Please vote 'yes'."

"Representative Black, for what reason do you rise?"

"Well, Mr. Speaker, I just wanted to explain my vote. I realize I spoke in debate, so I would like to comment on just one thing the previous speaker said."

"Well, you'd be in violation of rules, Mr. Black."

"All right. I understand."

"Representative McGann, to explain his vote."

"Thank you, Mr. Speaker. In...A possible conflict of interest in this matter, but very close to the matter, I must vote my conscience, and I'm going to vote 'no'."

"Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Amendment, there are 55 'ayes' and 53 'noes'. The Amendment's adopted. Further Amendments."

"Floor Amendment #3, offered by Representative Homer." 54  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992 158th Legislative Day

"Representative Homer." "Thank you, Mr. Speaker. This Amendment goes directly to the heart of the issue, because it is...it provides a means to accomplish the burials even in the event there is a labor dispute. With this Amendment, the Bill would apply uniformly throughout the state, in all 102 counties. It would apply to both private, public cemeteries; would apply to both union and non-union cemeteries. This Amendment has the support of the Archdiocese of the City of Chicago, Catholic Conference of Chicago, Illinois Cemetery Association, Illinois Funeral Directors' Association and, to my understanding, would meet all of the requirements of the Jewish Federation. It specifically and narrowly addresses the awful problem that was brought to light last year where labor strikes in certain private cemeteries in the Chicago area resulted in the failure to inter the bodies of individuals who were members of religious sects which held to religious tenets that required a burial promptly and within a certain required period of time. Under this Amendment, there would be a procedure in place which would allow the family of that corpse to apply to the cemetery for a prompt and swift burial. If they have membership in a religious sect whose tenets and beliefs require burial within a specific period of time, even though there is a labor dispute, and it is carefully crafted to protect the rights of the parties that dispute, and it requires that the parties doing the interment be selected from a pool of workers that have been pre-agreed-to by the cemetery and the collective bargaining unit which represents the employees at that cemetery. It goes directly to the heart of the issue, and it does not get involved in the labor issues that are so ancillary to a 55  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 resolution of this dispute. This Amendment does not make illegal strikes. It does not make illegal lock-outs. Nor does it mandate binding arbitration. At the same time, it does nothing to prevent the parties from collectively bargaining for those items. There is no reason to use these poor corpses that can't be buried because of labor strife as a pawn in a dispute between labor and management. Amendment #3 is the correct response. It takes care of the problems of the Jewish Federation. It takes care of the problems of the Cemetery Association, the funeral directors, the Archdiocese of Chicago, and the Catholic Conference of Chicago...Illinois. It's the right thing to do. I urge support for Amendment 3, and I would submit that upon adoption of this Amendment, that even those who advocated Amendment 2 will support the Bill and urge the Governor to adopt it as amended by Amendment 3. I would...urge your support."

"On the Gentleman's Motion, Representative Lang."

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

"Yes."

"Representative, how does your Amendment guarantee that the bodies will be buried?"

"My Amendment sets up a mechanism whereby the family members of the decedent would apply to the cemetery for a burial and there is a pool of workers which had been...from which they would be authorized to designate individuals to actually perform the interment. If, in fact, there's a refusal, after having made that request, there's a mechanism here that they can file an injunction, file for an injunction, in a court of law and, in fact, can recover attorney's fees in an appropriate case even...be awarded a fine not to exceed $1,000 for willful violations." 56  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992

"Well, Representative, how long will all that procedure take? How long will it take for the...for the family of the deceased to...to get the relief they seek? Will the bodies be buried in 24 or 48 hours?"

"I think it would. The Bill specifically provides that these matters shall have the top priority with the circuit courts, SO they're in the nature of a...a temporary restraining order which can be given without notice and upon entry into a...before a judge. It's...it can be given instantaneous (sic-instantaneouly), yes."

"But that would require someone to go into court if...ifthe cemeteries and the unions were unwilling to get together and agree to put the pool together. Is that correct?"

"If there were willful failure to...to abide, yes. It would also subject the willful parties to a $1,000 fine and legal fees and court costs."

"But it...it would still require the family to go into court, get a lawyer, file a petition, wait for a hearing, get a hearing, serve the order, put the pool together, wait for the gravediggers to come and then to bury the body. Is that correct?"

"Well, Representative Lang, that would only be necessary to go into court if the parties were in willful failure, willful refusal, to abide by the provisions of the law, and I would also point out that this language in Amendment 3 is identical to part 2 of the language of Amendment 2 that you offered."

"That's correct, but the previous Amendment has more teeth. Does it not?"

"No, the previous Amendment goes into issues of collective bargaining, and outlawing strikes, and outlawing lock-outs, and requiring binding arbitration, issues that should have 57  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 nothing to do with the interment of corpses, and I think it's a shame that parties to collective bargaining would use corpses as a bargaining tool to get what they want for collective bargaining rather than do the decent thing and put them in the ground and bury them according to their religious beliefs."

"Does...does not the previous Amendment make...make it so difficult and so heinous on both the unions and the cemetery owners, aren't the penalties so severe in the previous Amendment, that they would never think of not burying the bodies?"

"I don't think that at all. I think that what...what the previous Amendment had to do with with respect to part 1, had nothing to do with the issue of burying people. It had to do with...binding arbitration and...and lockouts and strikes, and that has no room in this issue."

"Well, Mr. Speaker, to the Amendment. The...the Amendment is the second half of Amendment #2 which we've just adopted. So as far as it goes, the language is fine, but because this Amendment cuts out the section regarding, not binding arbitration, but mandatory arbitration (which is a far different animal), because it cuts that out, it leaves the same problem. The problem being, if you're...if you have a deceased person you want to bury and your religion says you must bury that body in 24 hours and there's a labor/management dispute, how are you going to get that body buried in 24 hours? If they refuse to do it, you have to go to court. You have to file a petition. You have to find a judge. You have to get a lawyer. The judge has to set a hearing date. The judge has to set a hearing time. The lawyers have to send notices out. People have to come to court. You have to get a court reporter. You have to 58  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 have a hearing. You have to bring witnesses. The judge continues it for two days. When does the body get buried? If the problem here we're trying to address is burying a body in a religious manner, (most of the time we're talking here), within a short period of time because of people's religious beliefs, and if the issue here is right to access to a funeral plot, and if the issue here is the burial with dignity, it is not dignified, Ladies and Gentlemen, to say to a...to a family member of a deceased person, 'Go hire a lawyer. Go to court. Get a court order. Slap it on the cemetery. Make them put a pool together. Make them bury that body.' Is that dignified? Is that burial with dignity? I tell you that is not burial with dignity. That is burial with disgust. That is burial... That's obscene. That's obscene. We need to take one further step beyond the normal labor/management discussion. This isn't just let labor and management solve their problem while we decide to make a decision as to whether they're going build the widgets next week or two months from now. These to are dead bodies. These are families. Let the families bury their dead with dignity. Defeat this Amendment."

"Representative Hultgren. Representative Black."

"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #3 simply incorporates the best parts of Amendment #2, and makes this Bill apply statewide. Someone was talking about religious pluralism. Are you trying to tell me that religious pluralism only affects three counties in the State of Illinois? Amendment #2 only affects three counties in the State of Illinois. Amendment #3 gives you a means to accomplish burials in any cemetery. Any cemetery. Amendment #2 doesn't do that in the event that there's a labor dispute which disrupts the normal 59  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 burial operations at that cemetery, and the provisions of this Amendment apply statewide. I would think (as previous speakers have said), since, indeed, the issue is so serious and the issue of burial with dignity is something that each family holds SO near and dear to its heart that we would want to extend that statewide, not just three counties. I think if you'll look as unemotionally as possible at the two Amendments, they are somewhat similar. The penalty provisions, perhaps, are not as quickly enforced in Amendment 3 as they might be in Amendment 2, but the fact remains the mechanism to bury your loved one, even in case of a labor dispute, does exist in Amendment #3, and it exists in every cemetery in every county in the State of Illinois, and it definitely provides for injunctive relief and penalties should that cemetery and that labor bargaining unit not come to speedy agreement to bury that body as, indeed, it should be. Amendment #3, as Representative Homer has said, is supported by the Catholic Conference of Illinois and by a variety of other groups. It represents a compromise, if you will, I think, a compromise that can give all parties to this dispute the measure of dignity that the Bill demands, and I stand in support of Amendment #3."

"Representative Wojcik."

"Would the Sponsor yield, please?"

"Yes."

"Representative, when we had the strike...up north, was there any other location within the State of Illinois that a burial strike was taking place?"

"Not that I'm aware of."

"So, in essence, what we are referring to is the burial strike that was in Cook County and Lake, and I don't know 60  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 what the other county is but that's what we're directing this subject matter to?"

"Yes."

"Thank you."

"Representative Preston."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise in opposition to Amendment #3 for all the reasons SO eloquently stated by Representative Lang. The bottom line is this: Amendment #2 has...it guarantees enforcement. Amendment #3 does not, and as Representative Lang pointed out SO well, to require a family in bereavement to have to hire a lawyer and go to court in order to bury a family member, is just unconscionable, and that's what Amendment #3...would require if you wanted to...enforce the provisions of the law. That makes no sense. Please, vote 'no' on Amendment 3."

"Representative Schoenberg."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. You know, when we addressed the previous Amendment, I was watching the board and I was gratified by those of you who saw the morally compelling points that were raised in the course of debate and who voted accordingly. Representative Black alluded to religious pluralism, and on that score, I must tell you that I agree that on the issue of faith there's no geographical boundaries. However, this Amendment, from a practicing standpoint renders the previous Amendment ineffectual. Because it renders the previous Amendment ineffectual and does not provide those within communities who seek to comply with their religious traditions during times of emotional duress, I ask you, if you supported the previous Amendment, please vote 'no' on this one. Thank you." 61  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

"Representative Homer." June 19, 1992

"Thank you, Mr. Speaker. I think we need to separate some of the rhetoric from what we have before us. Amendment #2 had two parts. One part is identical, absolutely identical, with regard to the rights of the parties to seek interment in a labor dispute as Amendment #3. The going into court, the getting the injunction, the civil fine, the lawyers, all that stuff you heard about that's so bad about Amendment #3, do you know where that came from? It came from Amendment #2. The Amendment we just adopted had word-for-word the language with regard to that issue in Amendment #3. So let's...let's separate the wheat from the chaff here. Those who get up and decry the provision's in (Amendment) #3 are decrying the provision of (Amendment) 2. The difference is, is that (Amendment) 3 applies statewide; (Amendment) 3 applies to union and non-union cemeteries; (Amendment) 3 applies to private and public cemeteries, not just private. So it applies statewide. That's one difference. And the second difference is, is that (Amendment) #3 leaves out all the stuff in (Amendment) #2 having nothing to do with this issue, having only to do with labor negotiations between cemeteries and their employees. That's also an important matter, but it has nothing and should have nothing to do with the burial of corpses. There are those who would like it to have something to do with it and, in fact, want to leverage that issue to get binding arbitration, but it's a side issue. It's a smoke screen. It's a camouflage, and it's an attempt to use an emotional, religious issue in order to get something at the bargaining table that they can't get, apparently, without the force of law. Whether or not there's merit to what they want to do on the collective 62  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 bargaining side, it should be totally separated. We, as a legislative Body, should say, 'Look, we're going to take care of the problem of decent burials. We're going to take care of the problem of you not burying people when there's a labor strike.' That's what Amendment #3 does. It applies throughout the state; it's supported by the groups who have been mentioned several times. I would urge support for Amendment #3."

"Question is, 'Shall Amendment #3 be adopted?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Amendment, there are 63 'ayes' and...41 'noes'. Mr. Lang, do you seek a verification? On yhis...on Amendment #3, there are 63 'ayes' and 41 'noes'. Amendment #3 is adopted. Representative Lang."

"Thank you, Mr. Speaker. I would move for immediate consideration on Third Reading."

"Mr. Clerk, has this Bill been read on Second Reading a...on a previous day? No, this has not been read previously. So, Third Reading. Representative Martinez."

"Thank you, Mr. Speaker. I like the record to reflect that I would have voted 'present' on Amendment #3."

"All right. Thank you. Senate Bill 2068, Representative DeJaegher. Mr. Clerk, read the Bill. This is Third Reading."

"Senate Bill 2068, a Bill for an Act to amend the Illinois Public Aid Code. Third Reading of the Bill."

"Representative DeJaegher."

"Thank you, Mr. Speaker and Members of the General Assembly. As many of you recall, there was an Amendment put on House Bill 2068 that was desirous of the Department 63  158th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992 of Public Aid so that this Bill could go in Conference, so that difficulties pertaining to that particular Bill would be ironed out in Conference and brought back, and, basically, like I said before, the only reason that this Bill will be passed at this particular time is to put it into Conference Committee, and I hope for your support."

"Question is, 'Shall Senate Bill 2068 pass?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill, there's 110 'ayes', no 'nays'. Senate Bill 2068, having received a Constitutional Majority, is hereby declared passed. Senate Bill 2101, Representative Stepan. Mr. Capparelli on Senate Bill 1519. Senate Bill 1638, Representative Regan. Mr. McCracken. Representative Currie, on Senate Bill 744. Currie? Senate Bill 744. Mr. Lang. Representative Homer. Mr. Homer, Senate Bill 1555. Mr. Rotello, Senate Bill 1693. Mr. Steczo, Senate Bill 1763. Read the Bill."

"Senate Bill..."

"No. Take it out of the record. Labor, Third Reading. Mr. Kulas. Representative Lang, I just took two of your Bills out of the record. (Senate Bill) 2233, do you wish that heard? Senate Bill 2233. Mr. Clerk, read the Bill."

"Senate Bill 2233, a Bill for an Act to amend the Code of Civil Procedure. Third Reading of the Bill."

"Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2233 contains several provisions we already passed to the Senate, which died in Senate Rules. They deal with posting and eviction cases and extension of a quick-take, and some other language regarding notice in 64  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 bank garnishment proceedings which has...was required of us by the Federal District Court. That language mirrors language we passed last year and has become law relative to wage deductions. We would provide certain notice in bank garnishment cases, and I would move passage of this Bill."

"Question is, 'Shall Senate Bill 2233 pass?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there's 113 'ayes', no 'nays'. Senate Bill 2233, having received a Constitutional Majority, is hereby declared passed. And Mr. Lang, on Senate Bill 744. Mr. Kulas. Representative Dunn. John Dunn. Representative McAfee, 1567. Read the Bill, Mr. Clerk."

"Senate Bill 1567, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of the Bill.".

"(Senate Bill) 1567, is correct. Mr. McAfee."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1567 embodies several concepts. The first one is to amend the Illinois Vehicle Code to require vehicle action reports to identify, in an accident situation, whether the individuals are wearing seatbelts. The second one merely is a technical Amendment to change the information provided by the...to the Secretary...state's attorney from now to the clerk as opposed to by the presiding judge. The third...The third part in Amendment #2 basically provides for the universal veteran's plate which passed this House last year by a vote of 112 to 3, and I would ask for your support on this matter."

"And on the Gentleman's Motion, Representative Hartke." 65  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992

"Thank you very much. I stand in support of this legislation. It's a Bill we worked on for a couple years, and appreciate everyone's support."

"Question is, 'Shall Senate... Mr. Martinez."

"Thank you, Mr. Speaker. I, too, stand in support of this measure, particularly in reference to the plates that would be awarded to the veterans of, particularly, the Persian (Gulf War). But the Bill has been amended to include every incidence in which the country was involved militarily. I think this is the least that this Body can do is recognize the...importance of what these fellas done for us; to be willing to leave their families and their children; and to risk...being killed in combat. This is the main reason why I'm supporting this measure. I urge every Member of this House to support this. Thank you."

"Representative Black."

"Thank you very much, Mr. Speaker. I just simply rise and support the Bill. There's some confusion about what Amendments are on this Bill. The two Amendments dealing with motorcycle helmets and where they apply and who has to wear them and all of that, those Amendments have been removed from the Bill. The Bill is just simply as the speaker...as the Sponsor has purported it to be. It's a good Amendment. We've passed it before. We urge your support."

"Question is, 'Shall Senate Bill 1567 pass?' All in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill, there's 116 'ayes', no 'nays'. Senate Bill 1567, having received a Constitutional Majority, is hereby declared passed. Senate Bill 1766. Mr. Steczo, is this in passage stage? No. Mr. 66  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 Mautino, Senate Bill 626. (Senate Bill) 689. Mr. Mautino, 689. We're doing Third Readings only. Out of the record. Mr. Steczo, 963. (Senate Bill) 1662, Mr. Steczo. Representative Phelps, 2057. Read the Bill, Mr. Clerk."

"Senate Bill 2057, a Bill for an Act..."

"We're doing Third Readings."

"A Bill for an Act concerning..."

"No, take it out of the record. Revenue, Third Reading. Senate Bill 318, Mr. Keane. Mr. Keane. He's not here. Senate Bill...Senate Bill 1518, Representative Currie. Ms. Currie? (Senate Bill) 1556, Mr. Steczo. (Senate Bill) 160...Mr. Hartke. Hartke. Brunsvold. (Senate Bill) 1665. Read the Bill, Mr. Clerk."

"Senate Bill 1665, a Bill for an Act in relation to Quad City economic development. Third Reading of the Bill."

"Representative Brunsvold."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Bill, now, only contains provisions dealing with the Quad City Economic Development Authority and quarter-cent sales tax. We're working with the Governor, right now, to try to get the state involved in a proposal we have to the Department of Defense for 4,500 jobs at the arsenal. Senator Jacobs and myself are...asking...we take...pass this Bill and return to the Senate and continue working with the Governor to try to come to some agreement. And I'd ask for your support."

"The question is, 'Shall Senate Bill 1665 pass?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk... Hultgren, 'aye'. Have all voted who wish? The Clerk will take the record. On this Bill, there are 77 67  158th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992 'ayes' and 35 'noes'. Senate Bill 1665, having received a Constitutional Majority, is hereby declared passed. Mr. Keane. Representative Deuchler, Senate Bill 1950. Read the Bill, Mr. Clerk."

"Senate Bill 1950, a Bill for an Act to amend the Illinois Lottery Law. Third Reading of the Bill."

"Representative Deuchler."

"Mr. Speaker, Ladies and Gentlemen of the House, Senate Bill 1950 prohibits charging a fee to redeem a winning lottery ticket or share. The first violation is a Class A misdemeanor and a subsequent violation is a Class 4 felony. You also should know that there is an Amendment on this Bill which...which also clarifies which not-for-profit organizations can participate. These organizations would have been formed for 40 years. Charitable games will be held between 12:00 noon and 2:00 a.m., and the rental of the facilities for charitable games can be extended from four times to eight times a year."

"Does anyone stand in opposition? Question is, 'Shall Senate Bill 1950 pass?' All those in favor vote 'aye', opposed vote 'no'. Mr. Lang votes 'aye'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill, there's 111 'ayes' and no 'nays'. Senate Bill 1950, having received a Constitutional Majority, is hereby declared passed. Representative Satterthwaite, 2135. Read the Bill, Mr. Clerk."

"Senate Bill 2135, a Bill for an Act to amend the Revenue Anticipation Act. Third Reading of the Bill."

"Representative Satterthwaite."

"Mr. Speaker and Members of the House, this Bill will extend to the University of Illinois the same 68  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 privileges that are currently granted to units of local government and school districts under the Revenue Anticipation Act. It would simply allow them to borrow in anticipation of revenue. I think that the most likely instance of this would be needed is in regard to the university hospital where the payments for Medicaid have been delayed from the state, and I would ask for support of the Bill."

"Representative Kubik."

"A quick question of the Sponsor."

"Yes."

"Representative, I just wanted to make clear - this only applies to the University of Illinois. It does not apply to community colleges. Is that correct?"

"Yes, that's correct. By the Amendment that was adopted in the Revenue Committee, it is limited to a public university having an elected body of trustees, which applies only to the University of Illinois."

"Thank you."

"Question is, 'Shall Senate Bill 2135 pass?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 107 'ayes, no 'nays'. Senate Bill 2135, having received a Constitutional Majority, is hereby declared passed. Read the Bill, Mr. Clerk."

"Senate Bill 2162, a Bill for an Act concerning Corporate Franchise Tax. Third Reading of the Bill."

"Representative Ryder."

"Thank you, Mr. Speaker. This Bill creates a Corporate Franchise Tax Refund fund similar to the refund fund that we have with the income tax. I'd be glad to answer any 69  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 questions."

"Question is, 'Shall this Bill pass?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 113 'ayes', 1 'no'. Senate Bill 2162, having received a Constitutional Majority, is hereby declared passed. Representative McGann, Senate Bill 2128. Read the Bill, Mr. Clerk."

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

"Representative McGann."

"Thank you, Mr. Speaker and Members of the Assembly. Senate Bill 2128 is a Legislative Audit Commission initiative. It has to do with the DCMS pertaining to the rules of maintaining books and records. It seems to me that we have to have this language because of the problem we had with the dental... Delta Dental and their audits. The Auditor General's report noted that the language contained in this legislation is needed to assure public accountability and legislative oversight, and it's contended that, with the growing trend to contract with the private sector for a variety of governmental goods and services, audit excess problems will escalate unless affirmative steps are taken. It's for this reason, we have brought Senate Bill 2128 before you. I'd ask for an affirmative vote and answer any questions."

"Question is, 'Shall Senate Bill 2128 pass?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there's 115 'ayes', no 'nays'. Senate Bill 2128, having received a Constitutional Majority, is hereby declared passed. Senate Bill 2190, 70 1  158th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992 Representative Hultgren. Read the Bill, Mr. Clerk."

"Senate Bill 2190, a Bill for an Act concerning codification and revision of statutes. Third Reading of the Bill."

"Representative Hultgren."

"Mr. Speaker, I have a Motion on file with regard to this Bill."

"What's the Motion?"

"Motion to extend the deadline. I spoke with Representative Lang about that Motion."

"Yeah, we're not prepared to take Motions. Health Care. Representative White. Representative McGann, Senate Bill 2093. Senate Bill 2097. Representative LeFlore, Senate Bill 1511. Read the Bill, Mr. Clerk."

"Senate Bill 1511, a Bill for an Act in relation to trade schools. Third Reading of the Bill."

"Mr. LeFlore."

"Thank you, Mr. Speaker. Senate Bill 1511 is a Bill that was worked on by Professional Regulation, myself and Representative Parke. It's a reporting Bill...that requires the Professional Regulation to report once every year, in January on the schools, proprietary schools. So I think it's a good Bill. We need this Bill. So I ask for a favorable vote."

"Question is... Representative Black, on the Motion."

"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I rise in opposition to Senate Bill 1511. It's simply another paperwork mandate...requiring the State Superintendent of Education and the Department of Professional Regulation to file annual reports concerning complaints, investigations and disciplinary action taken 71  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 against trade schools. The Illinois Association of Cosmetology Schools has visited with me a couple of times on this Bill. They oppose the Bill. The primary reason they oppose the Bill is that they feel to require the reporting of complaints which have not been investigated or substantiated does not provide any useful information concerning a trade school's performance. Many of these complaints are, in fact...without...are, in fact, have no basis in fact and, as such, have no merit as an indicator of a real problem or performance. This information regarding disciplinary action is already available in a regular monthly report from the Department of Professional Regulation if you want to obtain that. So all this Bill does is to accomplish a more unnecessary reporting by an already understaffed and overburdened agency. It's my understanding that the Department of Professional Regulation also opposes this legislation based on the facts that I've given you before. They simply do not feel it's necessary. I urge a 'no' vote on 1511."

"Representative LeFlore, to close."

"I just would like to have a favorable vote on this Bill."

"Question is, 'Shall Senate Bill 1511 pass?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill, there are 65 'ayes', 48 'noes'. Senate Bill 1511, having received a Constitutional Majority, is hereby declared passed. Senate Bill 1565, Representative Schoenberg. Out of the record. Mr. Obrzut, Senate Bill 1768. Mr. Hartke, 2177. Senate Bill 1772, Representative Cowlishaw. Miss Cowlishaw here? Representative Davis, 1997. Read the Bill, Mr. Clerk. 72  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day (Senate Bill) 1997." June 19, 1992

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

"Representative Davis."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1997 is a piece of legislation that allow G.E.D students who are applying to take the G.E.D. class or test if they can use state identification cards in order to gain admittance to the program, and they can also use for identification purposes and residency requirements letters or bills that have been addressed to them and postmarked with their name on the envelope. We just...we urge an 'aye' vote."

"Representative Davis, have you concluded?"

"Yes, Sir. We're just saying that Nelson Rice had a question, Representative Rice, and we're saying that they're using...they can use a state identification card rather than a driver's license to register for a G.E.D. class or the exam. That's all."

"Question is, 'Shall Senate Bill 1997 pass?' All those in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill, there's 117 'ayes' and no 'nays'. Senate Bill 1997, having received a Constitutional Majority, is hereby declared passed. Elections, Third Reading. Representative Lang, 1992. Out of the record. Senate Bill, Second Reading. Representative McDonough, 2091. Out of the record. Representative LeFlore, 1717. Senate Bill 1717. Read the Bill, Mr. Clerk."

"Senate Bill 1717, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of the Bill. No 73  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day Committee Amendments."

"Any Floor Amendments?" June 19, 1992

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

"Mr. LeFlore."

"Thank you, Mr. Speaker. I hope this Amendment has been distributed because we just filed it. It's not distributed. So could you pull that out of the record, please?"

"All right. Out of the record. Representative Homer, Senate Bill 400. Read the Bill, Mr. Clerk."

"Senate Bill 400, a Bill for an Act concerning domestic violence. Second Reading of the Bill. Amendment #1 was adopted in committee."

"Any Motions?"

"No Motions filed."

"Any Floor Amendments?"

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

"Mr. Homer."

"Thank you, Mr. Speaker. Floor Amendment 2 came from discussions we had prior to presenting the Bill in committee with the representatives of the National Rifle Association. Specifically, the Amendment would delete references in the Bill to the authority of the police to confiscate and seize firearms. We feel that that authority is already implicit and, in fact, within the current scheme of the statute. Therefore, there was no need, specifically, to...to repeat those provisions in this Bill, and we're asking they be deleted by the adoption of this Amendment."

"Representative Wennlund." 74  158th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992

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

"Yes."

"What provisions relating to confiscation after the adoption of Amendment #2 remain in the Bill, Representative?"

"None. None."

"No confiscation?"

"No. No confiscation of firearms...no reference to..."

"Even if they were used as part of the assault or domestic dispute?"

"Representative Wennlund, we're not saying that the police wouldn't have the authority to seize, but, however, they would not derive their authority from the provisions of Senate Bill 400, if this Amendment is adopted."

"So, as the Bill stands now, there are no provisions that would authorize police officers to confiscate any gun that might be located on the premises?"

"Well, in the Bill itself, there are, but this Amendment deletes that authority."

"And the NRA has signed off on...as amended?"

"The NRA wants this Amendment. This was their request."

"Thank you very much."

"Further discussion. Mr. Homer."

"Thank you, Mr. Speaker. I move the adoption of Amendment 2."

"The Gentleman moves the adoption of Amendment #2. All in favor say 'aye', opposed, 'no'. The 'ayes' have it. Amendment #2 is adopted. Further Amendments."

"No further Amendments."

"Third Reading. Representative Churchill. I think Members are sneaking off the floor. Insurance, Second Reading. Mr. Homer has 1803. Mr. Clerk, read the 75  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day Bill" June 19, 1992

"Senate Bill 1803, a Bill for an Act in relation to criminal law and procedure. Second Reading of the Bill. No Committee Amendments."

"Any Floor Amendments?"

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

"Mr. Homer."

"Thank you, Mr. Speaker. The Bill itself is a shell Bill. The Amendment continues to make it a shell Bill. However, it keeps it alive by sending it back to the Senate for the purpose of putting the Bill in a Conference Committee. This Bill is out there for the purpose of implementing a demonstration project creating a bail bondsman program, where...inmates in...in a pilot program will be able to utilize a bail bondsmen to post bail to be released from county jail pending trial. The parties continue to negotiate. Judge Comerford of Cook County, along with...the parties of interest, and if we reach an agreement in the next ten days, this Bill will be there to implement it. If we don't, then we'll be looking at the issue in the fall. I move the adoption of the Amendment."

"The question is, 'Shall Amendment #1 be adopted? All in favor say 'aye', opposed, 'no'. The 'ayes' have it, and the Amendment's adopted. Further Amendments?"

"No further Amendments."

"Third Reading. Senate Bill 1892, Mr. Obrzut. Mr. Lang, 2076, Second Reading. Mr. Cronin. Mr. Cronin. Representative Satterthwaite, Senate Bill 1983. Mr. Lang, 1986. Representative Obrzut, 2039. Mr. Lang, 2088. Mr. Lang, 1479. Read the... (Senate Bill) 1479. Mr. Clerk, read the Bill." 76  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

June 19, 1992 "Senate Bill 1479, a Bill for an Act to amend the Senior Citizens and Disabled Persons' Property Tax Relief and Pharmaceutical Assistance Act. Second Reading of the Bill. No Committee Amendments."

"Any Floor Amendments?"

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

"Representative Kubik, withdraws the Amendment. Further Amendments."

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

"Representative Lang, Amendment #2."

"Thank you, Mr. Speaker. This...Senate Bill 1479 is the Pharmaceutical Assistance Act and...Oh, excuse me. Withdraw Amendment #2, please."

"The Gentleman withdraws Amendment #2. Further Amendments."

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

"Mr. Lang."

"Thank you. As I was saying, Senate Bill 1479 is our new version of the Pharmaceutical Assistance Act, and this provision has been worked out with the other side. Mr. Ryder and Mr. Kubik have been discussing this with me and they've agreed that we should make this addition, which would provide for a $10 co-pay on brand name drugs. This addition will put the new program in line with the Governor's numbers or very close to the Governor's numbers, and I would move adoption."

"Question is, 'Shall Senate Bill 14...Representative Kubik."

"Thank you, Mr. Speaker. Just to briefly explain to my 77  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 Members, that we are agreeing to this particular Amendment so that we can move the Bill along and keep the discussions alive. I would support the Amendment at this time, with the idea that we're moving this Bill along. So, I would..."

"Mr. Wennlund."

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

"Yes."

"You want to tell us exactly what this does?"

"All this Amendment does is take the original Bill and add in a $10 co-pay under the Pharmaceutical Assistance Act for brand name drugs."

"So it's...So, you're going to charge an additional $10?"

"That's correct - for brand name only, not for generics."

"What is it now? You mean, you're going to charge $10 more than you're currently charging?"

"No."

"To senior citizens?"

"Currently...currently people under the program pay either $15 or $25 deductible each month. There is no co-pay. The program when we changed it last year, (and we can discuss the whole Bill if necessary), we put an $800 cap on this program. In an effort to remove the caps so that people under catastrophic conditions can continue to use the program, we had various hearings. Pharmaceutical people were there, the Governor's people were there, Republicans and Democrats were there, and we came up with a proposal that passed the Senate, and when it came to the House, we realized that the numbers were a little too high. So, in an effort to keep the program intact, as we took it out of our task force, to make the numbers a little more in line 78  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 with the Governor's numbers so that we could pass it and still provide this catastrophic coverage, this is an effort to provide an additional co-pay of $10. This affects only 3% of the prescriptions under the program. The other 97% of the prescriptions are generic and there would be no co-pay."

"Thank you very much."

"Question is, 'Shall Amendment #1 be adopted?' I'm sorry. Correction. Amendment #3. Question is, 'Shall Amendment #3 be adopted?' All in favor say 'aye', opposed, 'no'. The 'ayes' have it, and the Amendment's adopted. Further Amendments?"

"No further Amendments."

"Third Reading. Senate Bill 1641, Mr. Keane. Keane. Currie, 1643. Representative Currie. Mr. McGann, 1825. Read the Bill, Mr. Clerk."

"Senate Bill 1825, a Bill for an Act to amend the Revenue Act of 1939. Second Reading of the Bill. No Committee Amendments."

"Any Floor Amendments?"

"Floor Amendment #1, offered by Representative Manny Hoffman."

"Representative McGann. Mr. McGann?"

"Take it out of the record, please."

"All right. Out of the record."

"Thank you."

"Mr. Black. Representative Hartke. Mr. McGann, on 1935? Out of the record. Mr. Kubik, on 1956. Representative Kubik, did you wish to call this Bill? Read the Bill, Mr. Clerk."

"Senate Bill 1956, a Bill for an Act in relation to taxation. Second Reading of the Bill. No Committee 79  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day Amendments."

"Any Floor Amendments?"

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

"Mr. Kubik."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #1 is an agreed Amendment. It's an administration Amendment. I believe there is no...no opposition to the Amendment. I'd move its adoption."

"Question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye', opposed, 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendments."

"Amendment #2, offered by Representative Kubik."

"Mr. Kubik."

"I believe we withdraw Amendment #2 and 3, Mr. Speaker."

"The Gentleman withdraws Amendment #2 and Amendment #3. Further Amendments?"

"Amendment #4, offered by Representative Kubik."

"Representative Kubik."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a...Amendment offered by myself and Representative Currie. It is a...agreed administration proposal. I know of no opposition to the Amendment. I move its adoption."

"Question is, 'Shall Amendment #4 be adopted?' All in favor say 'aye', opposed, 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"

"Amendment #5, offered by Representative Kubik."

"Mr. Kubik."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This also is a Republican/Democrat agreed Amendment. I would move its adoption. I know of no 80  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992 158th Legislative Day opposition."

"Question is, 'Shall Amendment #5 be adopted?' All in favor say 'aye', opposed, 'no'. The 'ayes' have it and the Amendment's adopted. Further Amendments."

"No further Amendments."

"Third Reading. Representative Currie, on 2051. Representative Obrzut, 1667. Read the Bill, Mr. Clerk."

"Senate Bill 1667, a Bill for an Act concerning personnel practices. Second Reading of the Bill. Amendment #1 was adopted in committee."

"Any Motions?"

"No Motions."

"Any Floor Amendments?"

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

"By...By Giorgi, Representative Giorgi. Mr. Giorgi. Mr. Giorgi here? Representative Giorgi. Mr. Obrzut, you want to take it out of the record or you want to table the Amendment or what's your desire?"

"I spoke to Representative Giorgi. I believe he would like to take it out of the record."

"All right. It's your Bill. The Gentleman takes the Bill out of the record. Representative Keane. Representative Anthony Young, did you want to call 1645? Representative Giorgi. Representative Regan, on Senate Bill 1615. Read the...read the Bill, Mr. Clerk."

"Senate Bill 1615, a Bill for an Act to amend the Unified Code of Corrections. Second Reading of the Bill. No Committee Amendments."

"Any Floor Amendments?"

"Floor Amendment #1, offered by Representative Regan." 81  158th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992

"Representative Regan."

"Thank you, Mr. Speaker and Members of the House. Senate Bill 1615, Amendment #1, comes out of direction from the committee members. In order to get the Bill out of committee, I agreed to add the HIV testing and counseling...Department of Public Health facilities to all parties for whom the results of the testing are revealed; should provide information to the victim where to get treatment. I urge its adoption."

"Question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye', opposed, 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments."

"Amendment #2, offered by Representative Regan."

"Mr. Regan."

"Thank you, Mr. Speaker. Amendment #2 is the same situation recommended in committee that we show compelling need for the test results in order to prosecute charge of criminal transmittal of HIV under section of this code, and I urge its adoption."

"Question is, 'Shall Amendment #2 be adopted?' All in favor say 'aye', opposed, 'no'. The 'ayes' have it. The Amendment's adopted. The Amendment's adopted. Further Amendments?"

"No further Amendments."

"Any further Amendments?"

"No further Amendments."

"Third Reading. (Senate Bill) 1667, Representative Obrzut. Representative Hensel, what do you need?"

"Thank you, Mr. Speaker. I have a...a Bill on Second Reading in Special Order. I was wondering if it might be called today, Senate Bill 1529?" 82  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

"No, it will not be called today."

"Thank you."

"Mr. Kubik." June 19, 1992

"Mr. Speaker, is the reason that it won't be called is because it's not on Children and Family Law?"

"All right. (Senate Bill) 1667. This Bill's been read a second time. Are there any Amendments?"

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

"Representative Giorgi. The Gentleman withdraws the Amendment. Why did you even file it? Any more...Any further Amendments?"

"Amendment #3, offered by Representative Black."

"Mr. Black."

"Thank you very much, Mr. Speaker. Amendment #3 removes the provisions from the original Bill regarding the personnel services revolving fund, which is suggested by the Department of Central Management Services. Places July 1, 1993, effective date for AFSCME's back wage claim legislation. It also has considerable language getting to the heart of that particular issue. It requires the director to issue vouchers by January 1st of the next fiscal year after the back wage claim was not satisfied. I'd be glad to answer any questions you have. I urge that you support Amendment #3."

"Does anyone rise in opposition? Question is, 'Shall Amendment #3 be adopted?' All in favor say 'aye', opposed, 'no'. The 'ayes' have it, and the Amendment's adopted. Further Amendments?"

"Amendment #4, offered by Representative Giorgi."

"Representative Giorgi withdraws Amendment #4. 83  158th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE Further Amendments?"

June 19, 1992 "Amendment #5, offered by Representative Obrzut."

"Representative Obrzut withdraws Amendment #5. Further Amendments?"

"Amendment #6, offered by Representative Granberg."

"Representative Granberg. Withdraw the Amendment? The Gentleman withdraws Amendment #6. Further Amendments?"

"No further Amendments."

"Third Reading. Consent Calendar, Third Reading. Mr. Clerk, read the Bills. Page 12 of the Calendar, the regular Calendar"

"Consent Calendar, Third Reading. Senate Bill 1547, a Bill for an Act to amend the Illinois Income Tax Act. Third Reading of the Bill. Senate Bill 1590, a Bill for an Act to amend the Illinois Enterprise Zone Act. Third Reading of the Bill. Senate Bill 1622, off...a Bill for an Act concerning health. Third Reading of the Bill. Senate Bill 1635, a Bill for an Act to amend the Clerks of Court Act. Senate Bill 1647, a Bill for an Act to amend the Civil Administration Code of Illinois. Senate Bill 1652, a Bill for an Act relating to schools and life safety measures. Senate Bill 1688, a Bill for an Act to amend the Township Law of 1874. Senate Bill 1940, a Bill for an Act to amend the Illinois Municipal Code. Senate Bill 2049, a Bill for an Act to amend the Township Law of 1874. Senate Bill 2053, a Bill for an Act concerning the State Comptroller Local Government Advisory Board. Senate Bill 2062, a Bill for an Act concerning parentage and vital records. Senate Bill 2178, a Bill for an Act to amend the 84  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 Code of Civil Procedure. Senate Bill 2204, a Bill for an Act to amend the Illinois Economic Opportunity Act. Senate Bill 2205, a Bill for an Act to repeal the Illinois Neighborhood Corps Act. Third Reading of these Bills."

"Question is...Representative Homer."

"Thank you, Mr. Speaker. Could you tell us which Bills, if any, have been removed from the earlier listed...list of Consent Calendar Bills?"

"Mr. Clerk, the Consent Calendar is on page 12 and the top of page 13 on the regular Calendar. Have any of those Bills been removed from the Consent Calendar?"

"None of these Bills have been removed."

"I understand that...Senate Bill 1590 is to be removed, that's Representative Schoenberg."

"Mr. Schoenberg, have you filed a slip? Yes. All right, Mr. Clerk, remove Senate Bill 1590 from the Consent Calendar. You cannot remove it from the board but it...it will not be part of this vote. Senate Bill 1590 is removed from the Consent Calendar. The question is, 'Shall these Bills pass?' All in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, 'do pass' Motion, there are 114 'ayes', no 'nays', and these Bills, having received a Constitutional Majority, are hereby declared passed. Representative Giorgi, 1486. Mr. Clerk, read the Bill."

"Senate Bill 1486..."

"You want...You don't want this Bill? Mr. Trotter. Representative Schakowsky, 2075. (Senate Bill) 2075 is before 2139. Read the Bill, Mr. Clerk."

"Senate Bill 2075, a Bill for an Act in relation to school visitation rights. Second Reading of the Bill. 85  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 Amendment #1 was adopted in committee."

"Any Motions?"

"No Motions."

"Any Floor Amendments?"

"No Floor Amendments."

"You got any Amendments, Mr. Clerk?"

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

"Was Amendment #1 adopted?"

"Amendment #1 was adopted in committee."

"All right. Representative Schakowsky."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #2 is an agreed Amendment with all parties. I know of no opposition, and I urge your adoption of this Amendment."

"Question is, 'Shall Amendment #2 be adopted?' All...Representative...All in favor on Amendment #2...All in favor say 'aye', opposed, 'no'. The 'ayes' have it, and the Amendment's adopted. Further Amendments."

"No further Amendments."

"Third Reading. Senate Bill 2139, Representative Giorgi. Read the Bill, Mr. Clerk."

"Senate Bill 2139, a Bill for an Act concerning sanitary districts. Second Reading of the Bill. No Committee Amendments."

"Any Floor Amendments?"

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

"Representative Giorgi."

"Mr. Speaker. This is...Amendment #1 it deletes the authority that sanitary districts may require sewers be built within the one and a half mile district of a sanitary 86  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day district planning area. June 19, 1992 This caused a lot of consternation..."

"Question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye', opposed, 'no'. The 'ayes' have it, the Amendment's adopted.

Further Amendments?" "No further Amendments."

"Third Reading. Representative Kubik, Senate Bill 1516. Out of the record. Mr. Novak, on 1931. Mr. Brunsvold, 2176. Read the Bill, Mr. Clerk."

"Senate Bill 2176, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of the Bill. No Committee Amendments."

"Any...Any Floor Amendments?"

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

"Representative Deuchler."

"Mr. Speaker, Ladies and Gentlemen of the House, Amendment 1 contains two provisions. One of the provisions, the first provision, relates to a municipality lying partly within two counties and imposing a surcharge under that section of the statute. The corporate authorities of the municipality may enter into an intergovernmental agreement, with one of the counties, to connect that portion of the municipality lying outside that county to that county for purposes of the surcharge. This relates to the 911 issue that some of the municipalities who adopted an ordinance prior to July 26, 1989, could not reach intergovenmental agreements, and this Amendment will clarify that issue. The other portion of the Amendment relates to incorporation. It opens the window...for two years so that any county over 150,000 population may petition to incorporate...if this incorporation is 87  158th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992 inconsistent with the county plan. I ask your adoption."

"Representative Saltsman."

"Thank you, Mr. Speaker. This is a fine Amendment. I talked to the members of the Police Benevolent (and Protective) Association up in Kane County. The Mayor of Aurora would like to have this Bill. It will shorten the response times to the...If they de-annex and just have their 911 system, in Kane County by itself, it'll stop the confusion of the people that was in previously, a different 911 system. So, therefore, I think this will speed up, for the Montgomery Police Department, speed up the response time, and, like I said, the members of the Police Benevolent Protective Association is for this Amendment. I ask for your support."

"Does anyone rise in opposition to it? Representative Brunsvold. Brunsvold."

"Thank you, Mr. Speaker. Just a question. This...this Amendment was a Bill in my committee, and I think the question was brought up there is that, this 911 system lays in Kane County and Kendall County. They have adopted a referendum, I think, one county is 75¢ and one county is 50¢, and this was done by a front-door referendum. If this passes, how are we going to address the situation of what the different area will pay if there is an intergovernmental agreement between the counties and the City of Montgomery, for example. Will they pay 75¢ or 50¢? Will there be another referendum involved? What's that situation?"

"It's my understanding that that was going to be worked out - a mutually agreeable intergovernmental agreement."

"I would, you know, I would hope that...that some sort of procedure could be...could be adopted that would give 88  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 the people of that area...Now, in this case, I think, they're gonna...their pay is going to go down. I think the area that's paying 75¢ will go down to 50¢, but this could work in the opposite way and then these people will...charged a quarter cent on their telephone bill without referendum, and that's what I'm afraid of. In this case, it's not going to happen, and I don't know about Aurora - what's going to happen in that situation, but we have addressed this Bill and this problem in later legislation, and the Lady is trying to create a window (which I don't object to really), to try to help a few communities. And if we can work out this problem, I think it would be...it would be good as part of the intergovernmental agreement."

"Does anyone stand in opposition to this? Mr. Burzynski."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I stand in opposition to this, primarily, because of the detrimental impact, I think, this could have on the existing 911 system and the funds that they have...are committed to and the projects that they've committed based on the funds...that they will receive due to the surcharge. So, I stand in opposition to the Amendment. It did not pass out of committee, and I would urge a 'no' vote on it or, at least, for the Sponsor to remove the Amendment, at this time, and we can discuss it. Thank you."

"Representative Wennlund."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. What you ought to know is, is that to establish most 911 systems there's a front-door referendum, whereby it would be approved, but what this Amendment does is, it 89  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 allows the municipality to enter into an intergovernmental agreement to subscribe to a 911 system without a referendum. And the neighboring county of Kendall County, in this particular instance, that it would apply to, is absolutely and adamantly opposed to it, as is the Illinois Commerce Commission which originally set up and monitored the 911 system. I understand what you're trying to accomplish, but this simply is not the way to do it, without a referendum and what may cause damage to the entire 911 system. That's why the Illinois Commerce Commission is opposed to it. So, a 'no' vote would be the correct vote."

"Question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye', opposed, 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments?"

"No further Amendments."

"Third Reading. Representative McAfee, 1736. Read the Bill, Mr. Clerk."

"Senate Bill 1736, a Bill for an Act relating to alcohol, drug abuse and dependency and related educational programs and services. Third Reading of this Bill."

"This Bill is on Second Reading. Mr. Clerk? My Calendar shows this on Second Reading. Mr. McAfee, is this Bill on Second Reading or Third Reading? Mr. Clerk, where's the Bill? Somebody in the Clerk's well, wake up and look..."

"The Bill is on the Third Reading."

"Out of the record. Representative Cowlishaw. Representative Cowlishaw. Agreed Resolutions."

"House Resolution 2202, offered by Representative Virginia Frederick; House Resolution 2204, offered by Representative Wyvetter Younge and House Joint 90  158th Legislative Day STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 19, 1992 Resolution 154, offered by Representatives Daniels

Speaker Madigan - et al."

"Representative Matijevich."

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

"The Gentleman moves the adoption of the Agreed Resolutions. All in favor say 'aye', opposed, 'no'. The 'ayes' have it, and the Agreed Resolutions are adopted. Death Resolutions. General Resolution."

Clerk McLennand: "House Resolution 2203, offered by Representative Kubik."

"Committee on Resolution." Assignment.

Adjournment Clerk McLennand: "A Message from the Senate by Ms. Hawker, Secretary. 'Mr. Speaker, I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution and the adoption of which I am instructed to ask concurrence of the House of Representatives, to wit: Senate Joint Resolution 175. Resolved, by the Senate by the Senate of the 87th General Assembly of the State of Illinois, the House of Representatives concurring herein, that when the two Houses adjourn on Friday, June 19th, 1992, The Senate stand adjourn until Monday, June 22nd, 1992, at 2:00 p.m., and the House of Representatives stands adjourned until Tuesday, June 23rd, 1992, at 12:00 noon. Adopted by the Senate, June 19th, 1992. Linda Hawker, Secretary of the Senate'."

"Representative Matijevich moves the adoption of the Adjournment Resolution. All in favor say 'aye', opposed, 'no'. The 'ayes' have it. The Adjournment Resolution is adopted. Representative Preston moves that 91  STATE OF ILLINOIS 87th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day June 19, 1992 the House stands adjourned until next Tuesday, at the hour of 12:00 noon. All in favor say 'aye', opposed 'no'. The 'ayes' have it, and the House stands adjourned, and Happy Fathers' Day to all the fathers. Representative Preston."

"Does that mean that we are not going to the Order of Children and Family Law tomorrow morning at 9:00?"

"That's correct."

"Thank you." 92  REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 87TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JUNE 19, 1992 92/09/14 14:35:18 HB-3275 SECOND READING PAGE 25 HB-3275 OUT OF RECORD PAGE 44 HB-4221 FIRST READING PAGE 2 SB-0400 SECOND READING PAGE 74 SB-1479 SECOND READING PAGE 77 SB-1508 THIRD READING PAGE 7 SB-1511 THIRD READING PAGE 71 SB-1550 THIRD READING PAGE 8 SB-1567 THIRD READING PAGE 65 SB-1590 DISCUSSED PAGE 85 SB-1615 SECOND READING PAGE 81 SB-1665 THIRD READING PAGE 67 SB-1667 SECOND READING PAGE 81 SB-1667 SECOND READING PAGE 83 SB-1667 OUT OF RECORD PAGE 81 SB-1717 SECOND READING PAGE 73 SB-1717 OUT OF RECORD PAGE 74 SB-1722 SECOND READING PAGE 44 SB-1736 THIRD READING PAGE 90 SB-1736 OUT OF RECORD PAGE 90 SB-1776 THIRD READING PAGE 9 SB-1803 SECOND READING PAGE 76 SB-1825 SECOND READING PAGE 79 SB-1825 OUT OF RECORD PAGE 79 SB-1828 MOTION PAGE 17 SB-1889 THIRD READING PAGE 5 SB-1904 THIRD READING PAGE 3 SB-1950 THIRD READING PAGE 68 SB-1955 THIRD READING PAGE 13 SB-1956 SECOND READING PAGE 79 SB-1997 THIRD READING PAGE 73 SB-2048 THIRD READING PAGE 2 SB-2068 THIRD READING PAGE 5 SB-2068 THIRD READING PAGE 63 SB-2068 OUT OF RECORD PAGE 5 SB-2075 SECOND READING PAGE 85 SB-2128 THIRD READING PAGE 70 SB-2135 THIRD READING PAGE 68 SB-2139 SECOND READING PAGE 86 SB-2151 THIRD READING PAGE 4 SB-2154 THIRD READING PAGE 18 SB-2159 THIRD READING PAGE 6 SB-2162 THIRD READING PAGE 69 SB-2176 SECOND READING PAGE 87 SB-2190 THIRD READING PAGE 71 SB-2190 OUT OF RECORD PAGE 71 SB-2233 THIRD READING PAGE 64 SJR-0175 ADOPTED PAGE 91 SJR-0175 RESOLUTION OFFERED PAGE 91 SUBJECT MATTER HOUSE TO ORDER SPEAKER MCPIKE PAGE 1 PRAYER REVEREND BEN COX PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 2 CONSENT CALENDAR THIRD READING PAGE 84 AGREED RESOLUTIONS PAGE 90 GENERAL RESOLUTION PAGE 91 ADJOURNED PAGE 92