Father January 27, 1993 Members please be "The House will come to order. in their seats. The people in the gallery may wish to rise for the invocation. The invocation today will be given by Father Nickolas Voucanos of the Annunciation of the Virgin Mary Greek Orthodox Church in Decatur, Illinois. He's a guest of Representative Noland. Father."
"Let us pray. Bless this House of Representatives, our God, as they begin this 88th General Assembly. Grant Your goodness and mercy for the retiring Members and the new Members. Allow them to put their faith in You. Show them Your way as others have put their trust in them. Sanctify those who work for the beauty of Your house, as well as this House. Glorify them of Thy divine power and do not forsake those who hope in Thee. Grant this and good fortune to Thy work, Thy churches, to those in public service and to all Thy people. Help us to remember, Father, that every good gift we receive comes from Thee, the Father of life. Lord, give us Thy glory and offer thanks and worship to the Father and to the Son of the holy spirit now and ever, and forever more. Amen."
"We will be led in the Pledge of Allegiance by Representative Noland."
"I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Representative Kubik."
"Thank you, Mr. Speaker. Let the record reflect that Representative Wojcik is excused today."
"Representative Giorgi."
"Mr. Speaker, let the record indicate that Representative 1 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 Gash and Representative Giolitto, are excused for...are excused because of illness."
"Mr. Clerk, let the record so indicate that three Representatives are excused. Take the record, Mr. Clerk. On this question, there are 115 present and accounted for. The House has a quorum, and the House is ready to do its business. Committee Report."
"Representative Giglio, Chairman of the Committee on Rules, action taken January 27, 1993, report the following Committee Resolution, 'do adopt' Committee Resolution, which is House Resolution 44."
"Mr. Clerk, read House Joint Resolution #2, please."
"House Joint Resolution #2, be it resolved by the House of Representatives of the 88th General Assembly of the State of Illinois, the Senate concurring herein; that when the two Houses convene in Joint Session on Wednesday, January 27, 1993, at the hour of 12:00 noon, for the purpose of hearing his Excellency, Governor Jim Edgar, present to the General Assembly his report on the condition of the state as required by Article IV, Section 13 of the Constitution of the State of Illinois."
"Representative Currie, moves 'do adopt'. All those in favor say 'aye', opposed 'no', and the Resolution is adopted."
"The Chair recognizes the Doorkeeper for an announcement. Mr. Doorkeeper."
"Mr. Speaker, the Honorable President Philip, and Members of the Senate are at the door and seek admission to the chamber."
"Mr. Doorkeeper, please admit the Honorable Senators. As designated in House Joint Resolution #2, the 2 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 hour of 12:00 noon having arrived, the Joint Session of the 88th General Assembly will now come to order. Will the Members of the House and our esteemed guests from the Senate, please take their seats. Mr. Clerk, is a quorum of the House present?"
"A quorum of the House is present."
"Mr...Mr. President, is a quorum of the Senate present in this chamber?"
"Thank you, Mr. Speaker. A quorum of the Senate is present."
"There being a quorum of the House and a quorum of the Senate in attendance, this Joint Session is convened. At this time, we would like to announce the attendance of certain dignitaries from the State of Illinois. First, we are pleased to have with us the Attorney General of the State of Illinois, Mr. Roland Burris. Roland Burris. Next, the Treasurer of the State of Illinois, the Honorable Pat Quinn. Pat Quinn. The Comptroller of the State of Illinois, the Honorable Dawn Netsch. Dawn Netsch. The Lieutenant Governor of the State of Illinois, the Honorable Bob Kustra. The Superintendent of the Office of Education, Mr. Bob Leininger. Mr. Leininger. The Auditor General of the State of Illinois, the Honorable William Holland. Bill Holland. The Secretary of State of the State of Illinois, former Speaker of the House, the Honorable George Ryan. We are pleased to have with us from the Illinois Supreme Court, the Honorable Justice Heiple. Justice Heiple. The Chair recognizes the House Majority Leader, Mr. McPike. Mr. McPike. Would you turn on, Mr. McPike."
"Thank you, Mr. Speaker. Will the Clerk read Joint Session Resolution #1." 3 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day
January 27, 1993 "Mr. Clerk, read the Resolution." "Joint Session Resolution #1, resolved that a Committee of ten be appointed, five from the House by the Speaker of the House and five from the Senate by the President of the Senate to wait upon his Excellency, Governor Jim Edgar, and invite him to address the General Assembly."
"The Gentleman moves for the adoption of the Resolution. All those in favor signify by saying 'aye', all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Resolution is adopted. Pursuant to the Resolution, the following are appointed as a Committee of Escort to the Chief Executive. The appointments from the House would be Representative Clem Balanoff. Representative Clem Balanoff. Representative Clem Balanoff. Representative Miguel Santiago. Representative Wyvetter Younge. Representative Jay Ackerman. Representative Robert Churchill."
"Thank you, Mr. President. The Senate Members are Senator Hasara. Senator Karpiel. Senator Syverson. Senator Hendon. Senator Stern."
"Will the Committee of Escort please convene at the rear of the chamber and await his Excellency, the Governor. The Chair recognizes the Doorkeeper for an announcement. Mr. Doorkeeper."
"Mr. Speaker, the Honorable Governor of the State of Illinois, Jim Edgar, and his party wish to be admitted to this chamber."
"Admit the Honorable Governor. Ladies and Gentlemen... Ladies and Gentlemen if we could come to order. Mr. Governor, please proceed."
"Speaker Madigan, President Philip, my fellow 4 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 Constitutional officers, members of the judiciary, members of the 88th General Assembly, and my fellow citizens of Illinois, as I stood at this podium a year ago, Illinois was faced with making hundred of millions of dollars in emergency budget cuts midway through our fiscal year. We were caught in the jaws of a recession that drove our state revenues down and our unemployment rates up. Today, I can give you better news. Illinois is on the rebound and moving ahead. More of our people are working; more of our people are prospering. A year ago, more than 9 percent of our labor force was out of work. Today, our unemployment rate has dropped to a little more than 7 percent. That is below the national average and the third lowest unemployment rate among the 11 largest states of this nation. A month ago, Illinois posted an all-time high of 5.8 million people on the payrolls of our factories, our retail stores, our corporate offices, and our small businesses. Our labor force grew 1.4 percent in 1992, outpacing the nation's growth for only the second time in the last decade. Indeed, Illinois is setting a pace of economic activity that will bring more good news, more development, and more prosperity to communities from Galena to Golconda. Still, if you are unemployed or just out of school and looking for a job, your unemployment rate is 100 percent. We all must understand that, and we must continue to do everything we can to make sure there are enough good jobs for capable Illinoisans and enough capable Illinoisans for good jobs. For while we can take pride in our progress, we cannot neglect our needs. Illinois must not be a state that forgets those who with some nurturing and their own dogged determination can sometimes succeed against overwhelming odds. Illinois must be a state where eleven 5 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 and a half million people and their leaders recognize that we have a common destiny and focus more on what does and must unite us and less on our differences. By working together, we can command change instead of merely struggling to keep up with it. In fact, by working together, we already have taken great strides to assure that Illinois has what it takes to assure a good standard of living and a good quality of life not only for today's generations but for those that follow. And so, before we look toward the tremendous challenges that lie ahead, let us be inspired and motivated by what we have already achieved. Illinois has built highways for the future. In the last year, we completed Interstate 39 between Rockford and Bloomington establishing at long last a modern transportation artery through the center of this state. We completed the Central Illinois Expressway linking our eastern and western downstate borders, and we opened Interstate 155 connecting Peoria and Springfield with an up-to-date avenue for economic growth in the heart of Illinois, and we have recently completed the first phase of rebuilding the Kennedy Expressway in Chicago. With these highways, we have linked the markets of Illinois with the markets of the world. At the same time, we have taken vital steps toward establishing state-of-the-art airports to serve the people and spur economic development for this state. The first ground has been turned to allow for a joint civilian-military use of Scott Air Force Base in St. Clair County. A project that will boost the economy of southwestern Illinois with 15,000 new jobs, and we are now poised to prepare a master plan for a third major airport in the Chicago metropolitan area, an airport to alleviate congestion and noise problems at O'Hare International 6 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 5th Legislative Day Airport and to build a solid economic base for the entire south suburban area. That project would create more than 46,000 construction-related jobs in the first phase and about 35,000 permanent jobs at the airport and in spin-off businesses when it becomes operational. And on another transportation front, we are paving the way for high-speed passenger rail service linking Chicago, St. Louis, and Detroit. Illinois is moving ahead. Because of our support, we will break ground this spring for a $1 billion expansion of McCormick Place, which will generate 5,000 construction jobs alone and ensure Chicago remains the foremost convention city in America. We will continue expansion of Navy Pier to make the historical lake front site a recreational magnet for the entire Chicago area when it reopens next year. And we also will see the cooperation of the state, the city of Chicago, and the private sector pay dividends with the grand opening in 1994 of the new stadium on the Chicago's westside. I believe the new United Center in Chicago should be the home for both the Republican and Democratic National Convention in 1996. This will allow us to showcase the progress in spirit of a great city and a great state, and I want to work with the city and with the convention and tourism industry to see the job gets done. Illinois is planning ahead and moving forward. State government is working with the private sector to develop a winning advantage for Illinois. The key components are a favorable tax climate, a modern infrastructure, community environments that are family-friendly and, perhaps, most of all, a workforce that is ready and able to master dramatically changing technology. One of the major thrusts of my administration has been to help small and medium-size Illinois businesses grow and stay in Illinois, and I am 7 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 pleased to say our efforts have produced results in every corner of Illinois. In Granite City, American Steel Foundries is reopening a plant shuttered for more than a year and creating jobs for as many as 1,200 workers. Tesa Tuck announced last month it will build a new 25 million dollar plant in Carbondale rather than relocate its manufacturing operations and workers to Texas or North Carolina. In Rock Island, in Paris, and in East Dubuque, companies based outside Illinois are building and expanding in Illinois. Because of our commitment to providing infrastructure, Abbott Laboratories is building a new plant and expanding in Lake County, creating 2,500 new jobs. Illinois' agri-business is ready to expand, assuming the Clinton administration keeps faith with a Bush administration policy to encourage the use of ethanol. In Chicago, when the employees of Midway Airlines lost their jobs, state government helped them sharpen their skills and find new jobs in the workplace. And then, we helped Southwest Airlines fill part of the void left in the state's air transit network. Business is investing in Illinois because state government is investing in business by providing basic, essential tools through fresh programs. We have broadened our job training efforts reaching thousands of employees of small and mid-size companies through pioneering partnerships with the private sector. We have moved toward the 21st Century and a new era in telecommunications by enacting new policies that allow businesses and individuals to take full advantage of Information Age technology. This administration, with the cooperation of labor and management, has developed a stable unemployment insurance system that provided for increases in workers' benefits and curbed the growth in tax payments 8 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 by employers. Through an innovative pollution prevention program, we have shown business that increased recycling and environmental awareness does not need to ruin its bottom line and, in fact, can enhance it. Indeed, we have moved boldly to protect the environment and preserve our natural resources to foster a quality of life that increases the allure of doing business and raising a family in Illinois. This administration, with the help of the Legislature and community leaders, has acted to force the removal of tons of radioactive hazardous waste from West Chicago. Statewide we have reduced the amount of solid waste going into our dwindling landfills each of the years of this administration. In the last two years, the state has collected $12 million from environmental polluters, twice the amount collected during the entire decade of the 1980s, and the number of environmental pollution cases referred to prosecutors has risen nearly 40 percent. Last year, I called for a stable funding source for the clean up of hazardous waste sites throughout Illinois and today, I am renewing that call. We are moving ahead, but I need your help. This administration has demonstrated its commitment to preserving our heritage. We are purchasing more than 15,000 acres of prairie habitat and woodland in Cass County, land that will be preserved and protected, land that will add to our treasure of natural area and recreational opportunities. We are working to protect thousands of acres of wetlands in Lake County, and we have acquired the Lowden-Miller State Forest along the Rock River. Illinois is moving forward. But we must be inspired and propelled by these achievements instead of resting on them. There is much more we can and must do. We have demanded accountability from our public schools requiring 9 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 them to show they are teaching our students what they will need to know in the workplace of tomorrow. We are the first state in the nation to guarantee employers that students in occupational programs at our community colleges are either proficiently trained or allowed to repeat a course at no cost if employers are dissatisfied with the results. But we need to recognize and further emphasize the important link between education and economic development. I was disappointed when the last General Assembly failed to pass my proposal to harness our far-flung job training and adult education efforts under the community college system, and I urge the new General Assembly to approve this legislation as quickly as possible. Today, I am also calling on the State Board of Education to launch, initially on a pilot basis, a workforce preparation program similar to the one that has met with tremendous success in Germany. The program, known as the Student Apprenticeship System, would marry education in the classroom with learning in a high performance workplace beginning in the sophomore year of high school and intensifying through the junior and senior years. Its focus would be students who are not poised to pursue a four-year degree. Its graduates will possess a solid education, valuable skills, and proven performance on the job as apprentices. In other words, they will be ready for a career in high-paying technical jobs. Reform is also long overdue in another area vital to economic development and quality of life in Illinois. We need to move now despite the opposition of some special interests to change laws in the product liability and medical malpractice areas. We can and should compensate victims. But the tort system today is out of whack, needlessly draining profits from business, boosting prices for consumers, and limiting 10 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 access to physicians in order to fatten the wallet of a lawyer. We, also, must be ever watchful for barriers that would inhibit or threaten a growing Illinois economy. For that reason, I soon will be announcing the membership of a Commission on Regulatory Review to address unjustified and unreasonable regulatory barriers to business expansion. We must and we can continue to implement a new agenda for economic growth in Illinois without growing government. We must not stifle growth through unwanted intrusion into the private sector or through higher taxes. Indeed, we together held the line on state taxes even during perhaps the toughest fiscal times state government has faced. And we together achieved that by bringing about dramatic changes in state government. We have downsized state government. There are thousands fewer state employees. There are dozens of areas where we have slashed spending and increased efficiency. And we have had the discipline to set priorities. Essential state services remain in place for the truly needy. We have implemented innovative programs that make better use of our limited resources and led to greater benefits for society. In partnership with the past General Assembly, we launched a creative program that has provided permanent jobs for many employable adults who before were dependent on a government check. The success of Earnfare is testament to what is achievable when we dare to change by ending failed government programs and adopting new approaches. We are giving people the confidence and experience they need to succeed in the workplace. We are giving them independence and dignity, and I want to see this new, exciting program expanded in the year ahead. I also want us to expand another fresh initiative that will save lives and tax dollars. Through our "Healthy Moms, 11 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 Healthy Kids" program, we are preventing major health problems by helping poverty stricken mothers and children establish regular relationships with physicians. Colds need not become pneumonia. Proper diet can prevent major health problems. I believe very much in that. And care in a physician's office is a lot less expensive than care in a hospital emergency room. But even as we in Illinois have taken steps to control Medicaid costs, we have also bolstered our resources by aggressively capturing federal dollars that otherwise would have gone to other states. By working with the federal government, we developed a program that has brought 740 million additional Medicaid dollars to Illinois. We have rescued financially strapped hospitals and nursing homes that treat the poor, and we have expedited payments to Medicaid providers who still have to wait too long. And if we do not continue that program or find a realistic alternative, we will see health care for the poor suffer dramatically. To be sure funding of health care for the poor will be one of the major challenges you and I face this year. And there is another and perhaps even more daunting challenge that we face, the continued reform of our child welfare system. We have made strides in protecting our children from the terrible abuses too many of them face every day. We have increased the budget for our child welfare programs by more than 40 percent since I became Governor. We have expanded community-based programs. But we all know money alone is not going to save the children from the tragedy of child abuse and the trauma of child neglect. The changes in our society over the last few decades, especially in the inner city have been monumental and catastrophic. We can and should hire more caseworkers. We can and should increase child welfare funding. But we 12 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 should also recognize that our child welfare system is not broke, it is broken. We must dare to change how we approach this vital mission just as we have done in other areas of state government. Today, I am pleased to announce that the Casey Foundation is awarding Illinois a $200,000 grant to help us launch a massive re-evaluation of how services are delivered to children and families in Illinois. And the foundation has pledged to help us implement the reforms that are certain to follow. Meanwhile, we must have the courage, the compassion, and the resolve to continue our reform of the mental health system in Illinois. With the appointment of a new mental health director and a new inspector general to serve with him, I signaled last year that this administration is committed to providing the best treatment and care possible for those who have mental illness or disabilities. We are determined to make sure that our state hospitals are adequately staffed and provide high quality care. But we are equally committed to developing a comprehensive system of community-based programs that will allow those who need not to be treated in state facilities to lead productive and dignified lives in their own communities. On this and many other fronts, state government is moving forward. At the same time, we have responded to the cries of homeowners that their local property taxes have soared out of control. Eighteen months ago, we put a cap on skyrocketing property taxes in the collar counties of metropolitan Chicago. These were counties in which the growth had been especially astonishing. We provided relief where such relief was most sorely needed, and we made an important public policy statement by doing so. Government at all levels must do what we have done at the state level. They must streamline 13 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 their budgets. They must spend wisely. Many scoffed. They said caps would not work. But guess what? They have. Caps have cut property tax growth by nearly half in DuPage and Lake counties where homeowners had been socked with large increases year after year. And now, we should extend that protection to homeowners and small businessmen and women throughout the State of Illinois. Now, I am not going to call you into Special Session as I did two years ago to take up this issue. But I strongly urge you to act before March 30th, so the homeowners throughout Illinois will see savings on their property tax bills this summer. We also should ensure that we do not place extra burdens on local governments. I have vetoed all legislation that has reached my desk that would impose unfunded mandates for local government since I became Governor, and I will continue veto such legislation as long as I am Governor. We should work in partnership with local governments in many ways, realizing that many problems in this state require the skills and commitment of all of us. Crime obviously is one of those problems. For years, politicians have talked about getting tough on crime. It's time some of us talk about getting smart on crime. Last year, I proposed and signed a new law establishing civil penalties for gang activities so we can go after the profits of ganglords. Illinois enacted the nation's first law making stalking a felony, and we have streamlined the process for evicting drug dealers from public housing. Our pioneering Instant-Check firearms identification program, which I believe will be a model for the nation, has kept guns out of the hands of more than 500 people who were potentially dangerous because they had criminal or mental health histories. But we've got to become even more innovative. We have one of the nation's 14 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day fastest growing prison population. January 27, 1993 Our penitentiaries now hold one and a half times the number of inmates they were designed to house. We have constructed 15 prisons in 15 years, and it is becoming painfully obvious to anyone who looked at the facts, we can't build our way out of this problem. We must still put violent, dangerous people behind bars, but we need to look for alternative ways. More boot camps, for example, of handling convicted criminals whom we believe pose relatively little threat to society; and we should also be trying to prevent crime. This administration already is funding two pilot programs in Chicago that identify criminal hot spots, areas where gangs and domestic violence are most likely to flare. Police, social workers, and community leaders are teaming together in those neighborhoods to stop violence from spiraling out of control. They are making a positive difference, and so will the Illinois National Guard. Today, I am announcing that members of the National Guard will be called upon to work with disadvantaged young men and women, high school dropouts . . . to show them a lifestyle different than one they can learn on the streets of our cities. It is far better -- far better -- to have the Guard members teaching self-discipline, fitness, family responsibilities, and other life skills than to have the National Guard restoring order to neighborhoods torn asunder by civil war. These are but two examples of what we can do to prevent crime. But even as we escalate our efforts to prevent crime from happening, we must continue to crack down on the criminals. Those who mastermind the violent and deadly competition for lucrative drug markets should face the death penalty. I want that legislation passed, so I can sign it into law this year. And those who buy drugs must be held more 15 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 accountable. The users as well as the sellers must bear responsibility. First time drug offenders should not be given supervision and have their records wiped clean after a year or so. They should face a mandatory minimum penalty of a $1,000 fine or community service and that conviction should be kept on their records for at least ten years. I need that legislation passed as well this year. Until we choke off the supply of drugs and the demand, all of us will pay a price but especially the young. They represent the future of this state and hundreds of thousands of them will not reach their potential if we do not win the war on drugs and if we do not insist on drug-free schools and excellence in our educational system. We must ensure that the next generation of our citizens, the children entering the classrooms and the youth entering the workplace still prosper. We should remember what Lincoln once suggested, a child is someone who we teach to take our place when we are gone. It is our responsibility today to ensure that place is worth taking. It is our obligation to ensure that child is prepared to take our place a generation from now. We must make every effort to touch every child, to encourage that boy or girl, to praise them when they succeed, to counsel them when they fall short. Our future can be only as bright as our students, and their future is directly tied to the capability and dedication of those who teach them. Fortunately, there are thousands of brilliant, committed teachers in Illinois making a positive difference in the lives of millions of our young people, but we need more of the best, more of the brightest. We should reform our system of teaching our teachers. We have discouraged many of our brightest college graduates from teaching in our high schools because of our outmoded approaches to 16 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 training teachers. We have a system that prevents a Ph.D. in mathematics from teaching a high school algebra class because he or she did not take the necessary classes for teacher certification. We have a system that prevents a master craftsman from teaching students in our schools how to repair a television or to operate a drill press, simply because he was not an "education major" in college. Today, I am proposing we build on the models in Chicago and Glenview and develop an Illinois Teacher Corps that will allow those individuals and others like them to move into the classroom and share their knowledge and expertise with a new generation of students. We can do that with an intensive program that gives those professionals training in teaching methods and practices rather than requiring them to complete hours of class time for certification. And today, I am proposing that high achievers in the fields of science, math, foreign languages and history, likewise, be given the opportunity to teach in our high schools without completing the traditional education course work. In exchange for a teaching commitment, we will offer tuition assistance for them to earn their master's degree at any university in Illinois. Some will say that is throwing away the rule book. So be it. And while we're at it, there is another area where the rules ought to be rewritten. We need to do a better job with the Chicago public school system. Throughout the Chicago school system, there are pockets of excellence. Learning happens in Chicago as it does throughout the state. But a scant 43 percent of the children in Chicago public schools graduate from high school. The reading skills of the city's third-graders are deteriorating, not improving. If we are to reform urban education, and we must, it is time to break down the 17 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 barriers in state law and local bureaucracy that stifle innovation, that block local decision-making, and that prevents students from learning. We need to give the Chicago schools some flexibility to do the job better. We need to try some new approaches. We need to try new things that are not bound by the limitations of the Illinois law books. I propose we create the educational version of an enterprise zone for a significant part of the Chicago public school system. I challenge the General Assembly, the organized educational establishment, the Chicago Board of Education, and the local school councils to join with me in creating a Learning Zone for the city of Chicago. We should organize a cluster of schools and classrooms under a set of principles and a budget that has but one overriding concern - the direct improvement of our children's tomorrow. If an expenditure does not directly enhance a child's learning, it should not be made. If nontraditional spending will help a child learn, spend it. If a rule stands in the way of a child's education, set it aside. Again, by daring to experiment, by daring to move away from business as usual, we can find new ways to educate the children of Chicago, and we can carry those successes to other Chicago public schools and to the schools in other parts of Illinois. Meanwhile, we need to spur more parental involvement in schools across our state. Too often, we simply turn our children over to teachers we don't know and to school buildings we don't visit. So today, I am announcing that a Governor's Conference on Education and Parenting will be held with the cosponsorship of the State Board of Education. I want that conference to develop suggestions and recommendations that will encourage greater involvement by mothers and fathers and show parents that their 18 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 involvement can make a significant difference in their child's learning. We are quick to blame our schools for all the problems and frustrations when our children do not meet our expectations. We need to realize that we, all of us, should share that blame. No matter how good our teachers are, no matter how good our education programs are, a child who is malnourished, sick, or troubled by family problems at home will not perform to his or her ability and learn. Each year we spend $6 billion in this state, with state dollars, and more than that when you include local resources on behalf of the children of Illinois. That is more than $6,000 for every child in this state. But we fragmented our spending into specialized health services, antidrug programs, child welfare assistance, and dozens of other self-contained, uncoordinated social programs. We have failed to integrate that spending in the one place where children spend most of their daylight hours, the school building. Through Project Success, a program we launched last year on a pilot basis, with Lieutenant Governor Kustra playing a leading role, we have integrated programs assisting children in six communities from Chicago to Joppa. Now, I am proposing to expand Project Success 50 schools throughout the state, so we can reach thousands more students who are now teetering between the edge of succesS and the brink of failure. We need to spend more on education in Illinois, and I am prepared to present a budget in March that will provide more. But we need to remind ourselves constantly that money is not the only answer, and money without reforms is no answer. That's true not only elementary and secondary education, it's also true in higher education. We have some of the most respected universities in this nation, here in Illinois, 19 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 but let's face it: They are operating under a system that encourages duplication and discourages innovation and productivity. I commend the Board of Higher Education for launching a sweeping revaluation, along with the state universities, of the priorities and quality of their programs. We must shed the notion that every university should offer degrees in all educational areas. We must eliminate programs that exist to serve only a handful of faculty and even smaller number of students. We must upgrade our undergraduate instruction; and we must work to make sure that our undergraduate students can complete a four year degree in four years. Our universities should have classes available for the students who are enrolled, and they should eliminate classes for which there is little, if any, demand. It is also time that we restore accountability to those universities by eliminating the Board of Regents and the Board of Governors, and allowing the universities to have their own governing boards as the University of Illinois, Southern Illinois University, and private colleges and universities throughout the state now do. That is the recommendation of a task force headed by Lieutenant Governor Kustra and Art Quern, chairman of the Board of Higher Education, and I concur. The individual governing boards will not require the bureaucracies that now spend millions of dollars and make it difficult to fix responsibility. I also agree with the task force recommendation that the Board of Trustees at the University of Illinois be appointed instead of elected on a partisan basis. In fact, I'll go, if you're concerned about partisan control, I would urge that that legislation doesn't take effect until after the next gubernatorial election. So neither party has an advantage. We need to 20 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 make changes in Illinois higher education, and we need to look to higher education to be in the vanguard of change we need throughout Illinois, and in many ways, it already is. Today, I am committing the state to an innovative...an ennovation by the Illinois Community College Board and the Illinois Board of Higher Education to use new telecommunication technology to link classrooms throughout the state in a network for long distance learning. When I look out at this Assembly today, I see a lot of new faces. We have an opportunity in the next few months to explore your fresh ideas and new approaches to build on what we already have accomplished. Over the past two years, the Legislature and I have worked together to resolve the challenges facing Illinois. There is little question that Illinois is a stronger state today than it was a year ago, and little doubt that our citizens are better off today than they were a year ago, or ten years ago when another recessionary storm hit Illinois. Our conditions are improved, our revenues are growing and coming in on target. But our revenues are not growing as fast as some of the programs that were enacted during the last decade that will require us, once again, to make some tough fiscal decisions when the budget is presented in March. So, we must continue to review existing programs and dare to change, to innovate. Our challenges are great, but our resolve must be even greater. Our responsibility is serious, but the consequences of shirking our responsibility is even more serious. We have a solemn obligation to leave this state an even better place with even greater opportunities for our children and our grandchildren. That has been the test of every generation before us. That has been the legacy of nearly every generation before us. We should not be the 21 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 first generation in many to fail that test, to fail our responsibility, to fail our children. How well we prepare this state for the trials of the 21st Century will be the measure of our success. How far we fall short will be the yardstick of our failure. Together, we must turn challenge into opportunity, apathy into involvement and adversity into advantage. Together, we must work to build a tomorrow for Illinois that will allow future generations of Illinoisans to look back at our work with pride and gratitude. Together, we must transform areas of despair and decay into areas of dreams and determination, where all our children can grow, prosper, and rightfully and capably take our place in the world. Thank you very much."
"Will the Committee of Escort please come forward to escort the Governor. Will the Committee of Escort please come forward to escort the Governor from the chamber, and the Chair would like to acknowledge the presence of the First Lady of Illinois, Brenda Edgar. Brenda. The President of the Senate is recognized for a Motion."
"Thank you, Mr. Speaker. I move the Joint Session do now arise."
"The President of the Senate has moved that the Joint Session do now arise. All those in favor signify by saying 'aye', all those opposed by saying 'no'. The 'ayes' have it, and the Joint Session will now arise. Representative Giglio, would you take the Chair."
"The House would like to make an announcement that the Republicans have asked for a caucus in Room 118 immediately, and the Democrats will meet in Room 114. We will return here at 2:00, and while the House is in recess until 2:00 for the caucuses, the Clerk will allow 22 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 Perfunctory time to...for the Introduction of Bills. So, all Members please return to their respective...rooms, and we'll return here at 2:00 SO we can continue with the business and, hopefully, adjourn at a reasonable hour today. The House now stands in recess."
"Introduction - First Reading of House Bills. House Bill #144, offered by Representative Brunsvold, a Bill for an Act to amend the Counties Code. First Reading of the Bill. House Bill 147, offered by Representative Giolitto, a Bill for an Act to amend the campaign contributions and expenditures Article of the Election Code. First Reading of the Bill. House Bill #148, offered by Representative Rotello, a Bill for an Act to create the Illinois Recycling Markets Development Act. First Reading of the Bill. House Bill 149, offered by Representative Saltsman, a Bill for an Act to amend the Litter Control Act. First Reading of the Bill. House Bill 150, offered by Representative Skinner, a Bill for an Act to amend the State Comptroller Act. First Reading of the Bill. House Bill #151, offered by Representative Skinner, a Bill for an Act to amend the Revenue Act of 1939. First Reading of the Bill. House Bill #152, offered by Representative Giorgi, a Bill for an Act to amend the Illinois Public Aid Code. First Reading of the Bill. House Bill #153, offered by Representative Hartke, a Bill for an Act to amend the Agricultural Co-Operative Act. First Reading of the Bill. House Bill #154, offered by Representative Granberg, a Bill for an Act to amend the School Code. First Reading of the Bill. House Bill #155... House Bill #156, offered by Representative Turner, a Bill for an Act to amend the Illinois Public Aid Code. First Reading of the Bill. House Bill #157, offered by Representative Dunn, a Bill for an 23 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 Act to amend the Illinois Public Labor Relations Act. First Reading of the Bill. House Bill #158, offered by Representative Lang, a Bill for an Act to create the Examination and Field Trips Act. First Reading of the Bill. House Bill #159, offered by Representative Lang, a Bill for an Act to amend the Abandoned Children Prevention Act. First Reading of the Bill. House Bill #2160, offered by Representative Lang, a Bill for an Act to amend the Human Rights Act. First Reading of the Bill. House Bill #161, offered by Representative Dart, a Bill for an Act to amend the Abandoned Children Prevention Act. First Reading of the Bill. House Bill %23162, offered by Representative Ostenburg, a Bill for an Act to amend the Illinois Income Tax Act. First Reading of the Bill. House Bill #163, offered by Representative Pugh, a Bill for an Act the Fairness and Lending Act. First Reading of the Bill. House Bill #164, offered by Representative Pugh, a Bill for an Act to amend the Civil Administration Code. First Reading of the Bill. House Bill #23165, offered by Representative Balanoff, a Bill for an Act to amend the Cook County Forest Preserve District Act. First Reading of the Bill. House Bill #166, offered by Representative Lang, a Bill for an Act to amend the Medicaid Revenue Act. First Reading of the Bill. House Bill %3167, offered by Representative Lang, a Bill for an Act to amend the Illinois Public Aid Code. First Reading of the Bill. House Bill #2168, offered by Representative Lang, a Bill for an Act to amend the Cook County Forest Preserve District Act. First Reading of the Bill. House Bill #3169, offered by Representative Lang, a Bill for an Act to amend the Counties Code. First Reading of the Bill. House Bill #170, offered by Representative Shirley Jones, a Bill for an Act to enact the Legislative 24 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 Drug Testing Act. First Reading of these House Bills. Continued Introduction and First Reading of House Bills. House Bill #155, offered by Representative McAfee, a Bill for an Act to amend the State Finance Act. First Reading of this Bill. The House will stand in recess until 2:00 p.m."
"Further Introductions. House Bill 171, offered by Representative Black, a Bill for an Act to amend the School Code. First Reading of the Bill. House Bill 172, offered by Representative Hicks, a Bill for an Act to amend the School Code. First Reading of the Bill. House Bill 173, offered by Representative Pugh, a Bill for an Act to amend the School Code. First Reading of the Bill. Further Introduction. House Bill 174, offered by Representative Giglio, a Bill for an Act to amend the Environmental Protection Act. First Reading of the Bill."
"The House will come to order. Mr. Clerk, what business do we have to transact?"
"Supplemental Calendar #1."
"Supplemental Calendar #1 there appears HR 44 and Mr. Giglio shall be in the Chair."
"House Resolution 44. Mr. Clerk, are there any Amendments?"
"Committee Amendments #1 and 2 lost in committee. Floor Amendment #3, offered by Representative Wennlund."
"Representative Wennlund."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment...#1...#1 or 3?"
"Three."
"Amendment #3 to House Resolution #44 is an Amendment that I think that every Member of this House will appreciate. Instead of receiving a Conference Committee 25 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 Report during the closing hours of Session between May 24th and the end of the Session, the only time period that's set forth in the rules is one hour. Now, with numerous Conference Committee Reports being filed in the closing days of a Session, a 300 page Conference Committee Report drops on your desk on top of 6 others, one hour is simply not enough time to consider that Conference Committee Report, and if the Rules report that Conference Committee Report out, all it has to do is set on a Member's desk for one hour. It's a virtual impossibility for any Member of this House, including your staff, to get through that Conference Committee Report, do an analysis for you or for you to read a 200 page or a 300 page or a 150 page Conference Committee Report. It's virtually impossible. I think that as long as the rules are being crafted to make them more fair and reasonable for everybody on this House floor to know exactly what it is you're voting on, and that's the bottom line. Members on both sides of the aisle want to know what it is they're voting on, particularly on the last day of Session. If that happens to be May 28th, so be it. You don't want to go home on the 29th and somebody asks you if you voted for something and you're going to say 'Gee, I don't know, I don't recall it coming up.' The reason you won't, is because you're going to be looking at a Conference Committee Report that may contain 30 different items. It is unfair for any Member of this House to have to consider and read and study what effect everyone of those 30 items in that Conference Committee Report, what subject it deals with, how it effects your district, how it effects the State of Illinois. It's only reasonable that at least the Conference Committee Report should lie on your desk for at least three hours, the same 26 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 as they have to prior to May 24th during the last few days of the Session. So, if we're talking about fairness, we're talking about opening up the process. We're talking about putting some controls on the process. It's only reasonable that we take and allow the Members an adequate amount of time to study each Conference Committee Report, to give each staff member a chance to analyze the Bill and get a copy of the analysis to the Members so that the Members can read the analysis, and often those analyses are more than one page. So, three hours simply is a reasonable amount of time. One hour is not reasonable for Members of this chamber to consider a Conference Committee Report that may well contain numerous subjects and some of which may be disastrous to your voting record in your own district. So, in all fairness and reasonableness, I think that the proposed Amendment is a fair one, and I move its adoption."
"Any discussion? Speaker Madigan."
"Mr. Speaker and Ladies and Gentlemen. The Gentleman raises a concern that we all share which is the amount of time that will be available to people to examine the Conference Reports at the end of the Session. We have visited this issue on several occasions in the past. All of us have gone back and forth in terms of trying to decide what would be a reasonable time. I would suggest that the current rule, taking everything into consideration, does provide an appropriate amount of time for people to examine the material which is given to them at the end of the Session, and I would respectfully suggest that although the Gentleman is well-intentioned, that this particular Amendment is not well-founded and ought to be rejected and, therefore, Mr. Speaker, I would recommend a 'no' vote on the Gentleman's Amendment." 27 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day
January 27, 1993 "Further discussion? Hearing none, the question is, 'Shall Amendment #3 be adopted?' All those in favor say 'aye', opposed 'no'. In the opinion of the Chair, the 'nos' have it and the Amendment fails. Further Amendments?"
"Floor Amendment #4, offered by Representative Churchill."
"The Gentleman from Lake, Representative Churchill."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #4 deals with the issue of temporarily assigning people to committees. As you know, when we get towards the end of our committee section of the process, things get rather hectic and there are times when people are on a committee, they want to serve on a committee and they are asked to withdraw from that committee for a brief period of time for the purpose of putting someone else on the committee to cast a particular vote. That's a process which takes away the individual's rights. It takes away the rights of the individual's constituents to have their Representative cast a vote on their behalf and it's a process that should not be. This Amendment seeks to remedy that by saying that the only situation where we can temporarily replace a person on a committee is if that person is truly absent and then would be an excused absence for a days Session."
"Any discussion? Speaker Madigan."
"Mr. Speaker and Ladies and Gentlemen. Again, this issue has been examined on several occasions in the past. This is not an easy situation to deal with, because there are instances where people simply don't want to appear at a committee on a certain day. They may have reasons why they 28 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 are not going to be at the committee, and in my judgment, to establish a requirement that someone would have been excused on the floor as an excused absence, would unduly restrict the impact of this rule as it would operate upon the Members and the Chair of the committee as they attempt to move through the very heavy volume of Bills that would be considered by the committee, and so again, Mr. Speaker, with all due respect to the Gentleman who I know is well-intentioned, our experience over the years tells us that we simply ought to stay with the current rule and reject this Amendment. Because of that, I would recommend a 'no' vote."
"The Gentleman from Vermilion, Representative Black."
"Yeah. Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I simply rise in support of this Motion, and it isn't a partisan issue. I think if people on both sides of the chamber would simply listen to what the Amendment does, this prevents either party from packing a committee or removing Members who feel strongly about an issue from that committee in order to bottle up legislation, be it ethics legislation or some legislation you might be interested in. I don't think this power should be given to either party at their own discretion to replace Members of a standing committee, in fact, unless that Member is absent for cause on that day. Let those votes be recorded. Let the business of the committee be done, and let those who vote explain their vote. But without a rule such as Representative Churchill is espousing, it is a very simple matter for the majority or, in some cases, for the Minority Party to pack a committee which could either get legislation to the floor that 29 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 otherwise would not pass from that committee or to bottle up legislation in a committee that had Members been left intact, would have passed from the committee. So I, joined by five of my colleagues, Mr. Speaker, think that this is a good idea and ask for a Roll Call vote on this Amendment."
"Further discussion? Hearing none, the question is, 'Shall Amendment #4 be adopted?' The Gentleman asks for a Roll Call. All those in favor signify by voting 'aye', opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 49 voting 'yes', 65 voting 'no' and the Amendment fails. Further Amendments?"
"Floor Amendment #5, offered by Representative Churchill."
"Representative Churchill."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is truly a fairness Amendment, and what this says is that the proportion of Members on any committee should be equal to the proportion of that party's Members on the whole...in the whole chamber. So, if the Republicans were to have 43% of the chamber, then the Republicans would have 43% of the Members on the committees. I think it's only fair that that be that way and this should be placed in the rules."
"Representative Madigan."
"Mr. Speaker and Ladies and Gentlemen of the House. Again, the Gentleman is well-intentioned. Over the years, we have adopted this as a policy, and what we have done is to the best of our ability provided that the appointments to the committee would reflect the percentages on the floor between the Democrats and the Republicans. I would simply 30 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 suggest that given our history and given our experience, that there's really no need to incorporate this into the rules, because in the end, it might simply become unduly rigid and, therefore, Mr. Speaker, I would recommend a 'no' vote."
"Further discussion? Question is, 'Shall Amendment #5 be adopted?' All those in favor signify by saying 'aye', opposed 'no'. In the opinion of the Chair, the 'nos' have it. The Amendment fails. Further Amendments?"
"Floor Amendment #6, offered by Representative Churchill."
"The Gentleman from Lake, Representative Churchill."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Amendment seeks to correct a problem that exists in the current proposed set of rules. We are this year attempting to try and move the adjournment date up by one month, to May 28th, and in the Constitution in the past years we've provided that after June 30th which was the deadline date before, that it takes an extraordinary majority vote to pass any Bill, and all we've done is we've tried to make the current proposed rules conform with that same concept. So, this Amendment would provide that after May 28th, it would take an extraordinary majority vote for a Bill to be processed in this chamber. I would ask for a Roll Call vote on this Amendment."
"Any discussion? Representative Madigan."
"Mr. Speaker and Ladies and Gentlemen, this Amendment to the rules simply doesn't concern the rules, because necessarily it gets to a question of the Illinois Constitution and Illinois law. The Constitution and law 31 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 taken together provide that if a Bill is passed after June 30th, for that Bill to be immediately effective requires an extraordinary number of votes. In the House that would be 71, in the Senate it would be 36. That was done with the intent of providing an incentive to end our Session somewhere around July 1. This year, Senator Philip and myself have agreed upon a schedule that would provide that we would end our Session on May 30th, well in advance of the constitutionally desired adjournment of July 1, and so given all of that, there's really no need to establish higher vote requirements at the beginning of June. The higher vote requirements that were established for the end of June, beginning of July, shall remain in place. They shall not be changed. What we are attempting to do is simply end the Session 30 days earlier. It doesn't serve any useful purpose to provide that we change vote requirements at the end of May or the beginning of June, and, therefore, again, Mr. Speaker, I'd recommend a 'no' vote."
"Further discussion? Hearing none, the Gentleman asks for a Roll Call. All those in favor signify by voting 'aye', opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Speaker...Mr. Clerk. On this question, there are 50 voting 'yes' and 66 voting 'no' and the Amendment fails. Further Amendments?"
"Floor Amendment #7, offered by Representative Churchill."
"The Gentleman from Lake, Representative Churchill."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Very simply, Floor Amendment #7 deletes Rule 11 and 32 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 all of Rule 12. Those are the two rules that pertain to changing the order of business and creating special orders. I think it's fair to say that the general public has a conception of this Body that we start out with our Calendar everyday with the first Bill and that we go through and we consider every Bill in its order of call, and that at the end of the Calendar we either adjourn or we go back and we reconsider Bills. There may be freshmen sitting on the floor that believe this is the case. Well, it's not the case. We've...over the past decade or so, a process of creating special orders of business has been created by which Bills are placed on special order. Sometimes we get to those special orders, sometimes we don't get to those special orders. So, you may have an opportunity to have your Bill called if you happen to be on a special order that is called, but if you are unfortunately on a special order that is not called, your Bill is just not considered in this process. If we were to get rid of special orders of call and to proceed directly through the Calendar, each Bill in this process would have the opportunity to receive the kind of debate and discussion that it deserves in this process. I think it's only fair to eliminate special orders of business and to eliminate the change of order of business so that we can proceed directly through the Calendar, and I would humbly request a Roll Call vote on this Amendment."
"Further discussions? Speaker Madigan."
"Mr. Speaker and Ladies and Gentlemen of the House, this is a management question. The Speaker and the Majority Party are expected to manage the affairs of the House of Representatives. Over the last several years, special orders have been used to provide for management of the 33 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 House. Certainly I would not suspect or accuse the Sponsor of this Amendment of being of the desire to thwart an efficient management of the House. He's not that type of a personality. But we wouldn't want to put temptation in his way, and for that reason I would again recommend a 'no' vote."
"Further discussion? Representative...from Vermilion, Representative Black."
"Well, thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. No one is better able to resist temptation than the Gentleman from Lake, and so that shouldn't even enter into the equation here. But I would say this, and again to Members on both sides of the aisle, and there are many in this chamber who are new, you will expect your Bill to be called. You have that right to expect your Bill to be called. Under House Rule 11 and House Rule 12, the Calendar can be subject to change by the Majority Party, and in fact a special order of call can be arranged so that your Bill will not be called. It may be posted, but somehow time constraints and as the Speaker said, management of the House, we may not get to it. Now, we're going to hear a lot today about many of these rules have been promulgated by the President of the Senate. Let me remind you, the Senate has a history, the Senate has a history of considering all Bills. Not for some obvious reasons that those of us who have been here determine to know, the House does not have that in its background. But I would just simply say to you that this Bill makes eminent good sense with the number of new people on both sides of the aisle. For those of us who have been here more than one term, remember how we worked together on both sides of the aisle on the last day or so of Session where the Bill 34 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 may have a Democrat Chief-Sponsor and a Republican hyphenated Sponsor or vice versa, and we have to go back and spend literally hours trying to get that special order of call altered so that our Bill can appear on a subsequent Supplemental Calendar or special order. I don't think the management of this Body would be impugned or endangered in any way by doing away with either party's right, if indeed that word is the correct one to use, I don't think so. Neither party should have the right to manipulate the Calendar for whatever purpose. Call it an orderly transition of business, whatever you want, the bottom line is some Bills will never be called that received a favorable hearing in committee, and when it happens to a Democrat Bill you don't like it, and when it happens to a Republican Bill we don't like it. Regardless of what party is in charge of this chamber, you don't need to do that to manage the affairs of this House. I stand in support of the Gentleman's Motion and ask for a favorable vote."
"Further discussion? Hearing none, the Gentleman asks for a Roll Call. All those in favor of the Amendment vote 'aye', opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question, there are 50 voting 'yes', 64 voting 'no' and the Amendment fails. Further Amendments?"
"Floor Amendment #8, offered by Speaker Madigan."
"Speaker Madigan on Amendment #8. Mr. Clerk, has the Amendment been printed?"
"No, the Amendment has not been printed or distributed yet."
"Mr..."
"Representative Madigan." 35 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day
January 27, 1993 "Mr. Speaker, I understand that the Amendment is being printed right now and will be available very shortly. may be it."
"As you speak, Mr. Speaker. Madigan." This
Representative Madigan: "Mr. Speaker, on the Amendment, Amendment #8. This Amendment would change the basic Resolution, and in particular, this Amendment would provide that where a Bill is assigned to a committee, when we reach the deadline for committee consideration of that Bill and the Bill is still assigned to the committee, then the Bill will be assigned to the Rules Committee. Thereafter, the Rules Committee under the provisions of the main Resolution will have the ability to report that Bill to the floor; however, for that action to take place will require the consent of the Chair of the committee where the Bill was originally assigned. Number two, this again would change the main Resolution and provide that where there is a Motion to discharge a committee, that the required number of votes would be 60 and not 71 to discharge a committee; and then lastly, in the section of the main Resolution which provides that certain Motions shall be assigned to the Rules Committee, the Motion for nonconcurrence is deleted from the list of those Motions that will go to the Rules Committee for the approval of the Rules Committee before they will be considered. So, Mr. Speaker, these are three changes in the main Resolution and, I move for the adoption of the Amendment."
"Any discussion on the Amendment? Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?" 36 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day
"Indicates he will." January 27, 1993
"Representative... Mr. Speaker, we were looking at this. As I understand it, you are only requiring now 60 votes for a discharge rather than a three-fifths?"
"That's correct."
"I think that's a good idea. Thank you."
"Thanks for the compliment."
"Representative Churchill."
"Will the Gentleman yield?"
"Indicates he will."
"Did you also change the number of votes that were required to appeal a ruling of the Chair?"
"No."
"And you continued the language that said that the Rules Committee should not report out any Bill that had not been before a standing committee of the House?"
"Could you repeat that?"
"Under the original language of Resolution 44, I think there was language that said that if there'd been a Bill that had not been reported out of a standing committee of the House and it was in the Rules Committee, that that Bill could never come out of the Rules Committee, and I want to make sure...see if you continue that language."
"No. That's one of the changes contained in this Amendment."
"Okay. Thank you."
"No, it's not. I'm sorry. It's not contained in this Amendment, but the main Resolution would provide, as I said, where Bills are assigned to a standing committee, the standing committee comes up against the committee deadline and the Bills are still assigned to the committee. They then go to the Rules Committee, thereafter, the Rules 37 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 Committee would have the ability to report those Bills to the floor. That is in the main Resolution."
"And I believe that there had been a prohibition against voting out any Bill from the Rules Committee which had not at some point been presented to a standing committee."
"Mr. Rules...the exact...Mr. Churchill, the exact language is that the Rules Committee shall not so report any Bill which has never been before a standing committee of the House. The Bill has to have been up before a standing committee before the Rules Committee can take that action."
"Okay. Then in the odd years when Bills which are placed in the hopper for the first time have to go through Rules before they go through a standing committee, how does that work?"
"That's the Senate. You're confused."
"Well, maybe I am, that's why I'm trying to find out the answer to this. If you can't ever vote a Bill out of the Rules Committee that hasn't been before a standing committee, how do you have a procedure where you've got to go to the Rules Committee before you go to the standing committee."
"Is your reference to the odd year which is this year or to the even year which is next year?"
"The odd year."
"The odd year. You're talking about the odd year."
"Yes."
"All right. My intent is that in the odd year, we would follow what has been our established practice and we would not be sending every Bill to the Rules Committee. Now, that's a new procedure in the Senate. In the Senate, every 38 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 Bill upon introduction goes to the Rules Committee, even in this current year."
"That may be your intent, Mr. Speaker, I think maybe the language says otherwise. You might want to check that."
"Again, Mr. Churchill, our plan is in the current year to follow the procedure that we've always followed, which is a Bill is introduced and then it's assigned to a standing committee, and then again, our plan would be for next year to follow what we've always done where every Bill introduced goes to the Rules Committee. That's been our procedure."
"Okay. Thank you."
"And that's our plan."
"Further discussion? Speaker Madigan to close."
"Again, Mr. Speaker, these are three changes to the main Resolution. We've adequately described them and discussed them, and I would move for the adoption of the Amendment."
"All those in favor of the adoption signify by saying 'aye', opposed. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Further Amendments?"
"No further Amendments."
"Speaker Madigan on the Resolution."
"Mr. Speaker and Ladies and Gentlemen of the House, on the Resolution which will contain the full set of rules, as we have said in the past the rules are designed to provide for the management of the House. Basically, these rules have been in place for at least 10 years, maybe more. There have been some changes made. I don't feel that the changes provided by these rules are terribly significant. I think if you compare our rules as embodied in this 39 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 Resolution to the rules which were recently adopted in the Senate, you'll come to the quick conclusion that the Senate Rules are certainly far more restrictive and carry far more potential for abuse than these House Rules, and with that, Mr. Speaker, I would move for the adoption of the Resolution."
"You heard the Gentleman's Motion. Any discussion? The Gentleman from Lake, Representative Churchill."
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"Indicates he will." Churchill; "Speaker Madigan, can you tell us why we have to put a Conference Committee Report in the Rules Committee?"
"Mr. Churchill, this provision is an outgrowth of the action taken in the Senate, and as you know, in the Senate, individual Members no longer automatically have the right to offer an Amendment on the floor. For those of us who have served in the House for any period of time, you know that the right to offer an Amendment on the floor is viewed as a fundamental right of a Member. It's not something that's a privilege, it's a right. You have a right to attempt to change the Bill or the Resolution on the Order of Second Reading. Take as an example this Resolution. There were attempts to amend this Resolution today. The Amendments were drafted by the Minority Party, they were filed, they were freely distributed, freely discussed, freely debated. They lost. Now, if you were a Member of the Senate in the Minority Party, you'd have to go to the Rules Committee and get the approval of the Rules Committee simply to offer your Amendment. Simply to offer your Amendment. So, that's the backdrop against which these changes are being suggested. We do not propose that a 40 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day Member's fundamental We right to offer January 27, 1993 an Amendment be abridged. propose, as always, that you have a fundamental right to offer an Amendment on the Order of Second Reading. But we do suggest that given the nature of the Senate Rules, given the method and the speed with which they were adopted, it does give some cause for concern, and given that cause for concern, we will provide that in certain instances matters will be assigned to the Rules Committee. One of those would be a Motion to concur in a Senate Amendment to a House Bill. A second would be a Motion to adopt a Conference Committee, and lastly, there would be the matter of the Governor's Amendments to Bills where a Bill has worked its way through the legislative process, arrives in the Governor's Office without any compliance with notice requirements, without any attempt to notify parties interested in the Bill, the Governor simply unilaterally changes the Bill and sends the message back to the General Assembly. In those three instances, those matters under these rules will be referred to the Rules Committee and the Rules Committee will consider and determine whether they shall be considered by the floor. As I said, take these rules, you compare them to what's been established on the other side of the rotunda, and I think it's very logical that you come to the conclusion that this is a good set of rules, and again, Mr. Speaker, I would move for the adoption of the Resolution."
"Representative Churchill."
"Speaker Madigan, I appreciate your speech. I think I heard some dissent about Senate Rules, but then I see that you're copying Senate Rules, and I'm not sure whether you're happy with them or not happy with them, but that's not the point. The question I asked is, we've for 10 41 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 years, we've gone under a process with Conference Committee Reports that I think has worked. You know, when people finally get those Conference Committees to the point where they have a final piece of legislation that they want passed, it appears on a Supplemental Calendar, we go to a vote on the issue. Why now are we putting another step in the process in the way of something that worked? Why are we going...why are we taking Conference Committee Reports to the Rules Committee? For what reason?"
"Representative Madigan."
"Mr. Speaker, again responding to Mr. Churchill, this action is taken against the backdrop of what happened in the Senate on inauguration day, a day which is normally a ceremonial day. Where there was an attempt to adopt rules without any debate, they were eventually adopted without any public hearing, without any hearing of their Rules Committee. That's the backdrop. I've explained some of the changes that we've provided in our rules, and I gave my reasons for recommending those changes to the rules. I would hasten to add that our rules changes do not provide that you, as a Bill Sponsor, can be stripped of your sponsorship. So, our rules have provided for years that a Bill Sponsor here in the House has control of their Bill, and your Bill is your Bill, and your Bill cannot be taken away from you. We further provide that when a Bill arrives from the Senate, the Senate Sponsor of the Bill can select the House Sponsor and, thereafter, the House Sponsor controls that Bill. In the Senate, they have provided by their rules that the individual Bill Sponsors can be stripped of their sponsorship, plus, they have provided that no longer will House Members be able to determine the Senate Sponsor of their Bill. Again, we have not attempted 42 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 to change that section of our rules as a very gracious act, Mr. Churchill, as a very gracious act, as a demonstration of our desire to be workable people and harmonious people."
"I've always appreciated a guy who could take a buck from me and at least give me a dime back."
"Right, right, and again, Mr. Churchill, as I was saying, we will acknowledge the right of Senate Sponsors to select House Sponsors. We will not move in House Resolution 44 to change that rule. Of course, we do reserve the right to examine the conduct of the Senate, and of course, at any time we can come back and amend these rules. But for today, we want to give people the benefit of the doubt. The evidence is not so good. The evidence is that there's a power play underway. We'll give them the benefit of the doubt for today. So, with all of that again, Mr. Speaker, I would move for the adoption of the Resolution."
"Representative Churchill, are you finished? There are five other people that would like to speak yet."
"Yes, I guess the answer to my question is, they did it in the Senate SO we're going to do it in the House. That's the answer which I guess is fine if you want. Let me ask you, what is a housing affordability impact note, if you could just tell me, and where do you get one?"
"Mr. Churchill, my knowledge of that matter is that it was required by a Bill that was passed by the Legislature and signed by the Governor STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day
"I don't know." January 27, 1993
"...it's in compliance with your requirements."
"Right now, I don't know."
"Okay, and then if you would explain to me why you changed the appeal of a ruling of the Chair and you've increased the number of votes that are required from 60 to 71 Members."
"Mr. Churchill, that was simply, again, a management matter and as you know, I am under the responsibility to manage the House, and I've always enjoyed my relationship with you and your leader, and I know that you would think this would be a good idea."
"Well, thank you, Mr. Speaker. I won't bore the chamber anymore with questions, but I would like to make a few comments on this."
"Proceed."
"You know, you get to a point with rules and you say well, what's all this stuff, it's just language. It just, you know, talks about how you put Bills in and what you do with Conference Committee Reports and all that and so who cares. That's not the bottom line. The bottom line is power. Who controls the place? Who runs the place and how do they run it and what are the rights of the individuals who are Members in this chamber; and, if you have a set of rules that permit Members to process their own Bills, to have a voice in the process, to not have to ask somebody for permission to do something, but to have the ability to come into this chamber and try and pass their own legislation without a series of gimmicks and hoops to jump through, then you have a chamber that has rights fo the Members. I think over the course of the last decade what has happened is that the Majority Party has slowly eroded 44 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 the rights of the Minority Party. It's tough as a Member of the minority to try and do things when the majority is opposed to that. I see what's happening here today as not a further attempt to erode the rights of the minority, but an attempt to erode the rights of the Majority Party. Whereas, in the past, if a Member of the Majority Party and nine Members had thought that a ruling by the Chair was unfair, nine Members of the Majority Party and 51 Members of the Minority Party could appeal the ruling of the Chair and overturn it. Not so after you put these rules in. Now, it will take 20 Members of the Majority Party to combine with the minority to appeal a ruling of the Chair. If before you had a Conference Committee Report that you had worked out finally and you thought you had got it to the point where you could process it and you needed some help from the Minority Party, today it would take nine Members of the Majority Party and 51 Members of the minority to do that. Now it goes to the Rules Committee. Well, lets talk about the Rules Committee. I had an Amendment, one of the Amendments I tried a couple years ago was to get rid of the Rules Committee, cause I thought the Rules Committee was to some extent, a farce. Ninety percent of the meetings of the Rules Committee is a small handful of people in the back room of the Speaker's chamber and the Chairman of the Committee casts all the votes for the Democrats and usually the spokesman casts all the votes for the Republicans. Everybody around this process understands that's how it's made. There's no wheeling, dealing, no ability to get a Bill out of there if you really want to. You...as Members, you have far more rights in standing committees than you would as a Member of the Rules Committee. The public has no input. The press 45 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 usually doesn't watch over what's going on, it's just all back room deals, and what are we doing in this set of Resolutions, we're just giving more power to the Rules Committee which is controlled by one person. What this whole process is, what this whole attempt is in this Resolution, is a further erosion of the power of the individual Members into the hands of the Speaker. Now, the Speaker and I have worked together, he paid me a compliment. Said that he's appreciated what we've done together. I appreciate what he's done together, and I appreciate power. It's just you get to a point sometime when you say, how much power is enough? I think he's had enough for the last decade. I don't think he needs the power that is given to him under this Bill. I think a 'no' vote is the only appropriate vote for yourselves, be it minority or majority Members and for the people of the State of Illinois. Vote 'no'."
"The Gentleman from Jersey, Representative Ryder."
"Thank you, Mr. Speaker. Many comments today have been made in reference to the backdrop as to the manner in which rules were adopted across the rotunda. Well, perhaps I could help those who didn't serve on the Rules Committee to understand the backdrop of the manner in which these rules were presented to the committee. There have been three Sessions. One meeting recessed twice, met in Chicago. I wasn't able to attend that. The rules that you see were not part of that meeting. I attended the meeting yesterday afternoon. Opportunity for public comment, opportunity for comments by individuals of the committee, the rules that you see on your desk never saw the light of day. It wasn't until five minutes, in fact we had to delay the beginning 46 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 of the committee meeting this morning in order to get your version of the rules before the committee Members could even see those rules, and then it was take it or leave it. The members of the public that cared to attend, and there were some, were deprived the opportunity to see those rules or to make any sort of public comment. So, when the Sponsor of this Resolution talks in a derogatory tone about the backdrop across the rotunda, allow me to suggest to you that five minutes of preparation before a vote in a committee is not a backdrop of which this Representative is very proud, and the content of the rules are certainly not something that a democracy should be very proud. So that those folks who have fought very hard for rights, be they the people you represent or yourselves, should examine the contents of this and understand that it doesn't affect the Minority Party. Bob Churchill has already indicated our opportunities have been severely restricted over the past decade. These rules disenfranchise the Members of the Majority Party, and it is to those folks that I address my comments and it is to those folks that I suggest be very careful about voting for rules that will someday rue the day that you lost your opportunity to be an effective Member of this House. Thank you, Mr. Speaker."
"Further discussion? Representative Wennlund."
"Thank you, Mr. Speaker. The new Members of the chamber will not discover until May what it is in the rules proposed by the Speaker and how it will affect you. Representative Ryder was correct, it affects everybody in this House, every Member of this chamber. You imagine you have the biggest Bill of your history, something your district desperately needs what...no matter what it is, come May 28th if it's stuck in Rules, it's going down and 47 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day forget it, and that applies to everybody. January 27, 1993 Forget it. And any Bill that formerly the Speaker just refused to call, now goes to Rules Committee where it dies its final death. It's just another mechanism of control over the House Members and the Bills that they run. Just another mechanism to repress Members of this House on both sides of the aisle, and you ought to remember that and, Mr. Speaker, if this Bill receives the requisite number of votes, which I believe the rules call for 60, I would request a verification."
"Representative Black."
"Yeah. Thank you very much, Mr. Speaker. Will the Sponsor yield for a question?"
"Indicates he will."
"Thank you. Mr. Speaker, House Rule 48 in the Resolution has been changed. I would like you to aluminate on total vetoes. The heading will now be into six categories. Total vetoes, item vetoes, reduction vetoes, reduction and item vetoes, and amendatory vetoes - gubernatorial compliance. I noticed that you have removed from this Resolution the topic amendatory vetoes - gubernatorial noncompliance. Who will make that determination that a particular veto...I assume since there will be no more noncompliance, what happens to such a Bill when it comes back to us? Does it just cease to exist?"
"The Rules Committee would determine whether the Motion should be considered."
"As in noncompliance? In other words, the Rules Committee would make that determination?"
"Right. In effect that would have happened...that would be what would have happened."
"So, anything that the Rules Committee would rule...so 48 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 rule, an amendatory veto by the Governor even though the Sponsor, be the Sponsor Republican or Democrat, may be willing to accept the Governor's amendatory language, if the Rules Committee stated that in their opinion that amendatory veto was in noncompliance, then that Sponsor would have no opportunity, am I correct, in having that Bill visit this chamber and perhaps passed with the Governor's veto message?"
"Mr. Black, that would be a decision to be made by the committee and, of course, the Bill Sponsor could appear before the committee and appeal to the committee that the matter ought to be considered."
"Don't you regard the change in Rule 48 as...in either party. If I were in the Majority Party, Rule 48 could give the Majority Party extraordinary powers over the Executive Branch. I don't want to revisit that argument. I mean we've had it for some years, but it seems to me to be a way that the...well let's just take the Homeless Voter Bill that we had in the Veto Session. I think we were able to compromise with the amendatory veto and that Bill is now law. My fear is that Rule 48 will simply allow the Rules Committee, under the control of the Majority Party, Republican or Democrat, to simply bottle up any piece of legislation that the Governor may have amendatorily vetoed that one or so Members of the Majority Party don't agree with and the Bill cannot receive a hearing."
"Mr. Black, I think you need not be so concerned, because you know of my long-standing concern about the Governor's use of the powers under the Constitution given to the Governor under the section of amendatory veto. Now, I've had several disagreements both with Governor Thompson and Governor Edgar concerning their use of that power. 49 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 However, on balance, we've resolved the differences, we've worked through the differences SO that I think today there's a healthy respect by each party of the other. Clearly, I don't want to impinge upon the authority of the Executive, but at the same time I want the Executive to recognize the rightful place of the Legislature in a government operating under a separation of power doctrine, and So, I would simply suggest to you that my history in this area is one of strong advocacy but certainly not of abuse of the process in order to achieve my end."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. To the Resolution before us." "Proceed."
"I think it's been presented as simply a facsimile of what occurred in the Senate, and I have the highest regard for those Members who serve in that chamber, but this isn't the Senate. There are 59 Members in the Senate, there are 118 Members in the House, and just simply to say, and while I'm paraphrasing and generalizing that what is in fact good enough for the Senate must then be good enough for the House, may not be true. It may not work the same way in a chamber of 118 people as it does perhaps in a chamber of 59. My fear is that we may be using what the Senate has done, and the Senate will work within those rules, and we'll see how they work. My fear is, however, we may be using the Senate Rules as simply a camouflage or a diversionary tactic, if you will, to further strengthen the control of the work of this chamber into the hands of the Majority Party, and I'm not speaking simply as a Republican. There will be in this Session downstate issues which Republicans and Democrats will agree on, and if you check our numbers, we won't have enough numbers to advance 50 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 our agenda. We won't, even now, have the numbers to appeal a ruling of the Chair. Be you in any minority caucus be very careful of the passage of this Resolution at this point because you are consolidating a tremendous amount of power perhaps under the guisc of, 'Well, gee, it's going to work well or supposedly will work well in the Senate.' This isn't the Senate. As Representative Ryder said earlier, this Resolution was presented to the committee in opposition to the rules that we are currently operating under. On a partisan Roll Call, this Resolution was adopted without having been printed, without having been filed, and in fact wasn't even numbered. That's a violation of the temporary rules under which we are suppose to be operating now. When all is said and done, I suppose the work of the House will go forward and we will all do the best we can in the trying times ahead. I submit to you we could do a better job to protect all Members rights. As the Majority Leader said earlier, the majority rules, and that is absolutely correct under any civics textbook you ever hope to read. But the majority must rule with the empathy, compassion, and concern for the rights of the minority. I don't think this Resolution does that. I don't think it gives the Minority Party, whether it be downstaters, black caucus, the hispanic caucus, female caucus, whatever we may come to in this chamber, I don't think those minority rights are protected as well as they could be under this Resolution, and for that reason, I would ask my colleagues on this side of the aisle and colleagues on that side of the aisle who are interested in fair hearing and due process and seeing that the legislative system works as you expect it to work. Vote 'no' on House Resolution 44." 51 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day
January 27, 1993 "Further discussion? Hearing none, Speaker Madigan to close."
"Mr. Speaker, I want to thank you for your patience during todays debate. I want to thank the Members of the Minority Party for their very constructive ideas. I regret that we didn't accept more of them, but they should keep thinking and keep suggesting ideas and in time why many of them, I'm sure, will be incorporated into the operations of the House. With all of that, Mr. Speaker, I move again for the adoption of House Resolution 44."
"The question is, 'Shall House Resolution 44 be adopted?', and on that question all those in favor signify by voting 'aye', opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there's 65 voting 'yes', 50 voting 'no', and House Resolution 44 is adopted. Representative Wennlund withdraws his request for a verification. Representative McPike on a Motion. This is...Mr. Clerk."
"Thank you. Thank you, Mr. Speaker. I move to suspend the provisions of Rule 1 requiring the separate elections of Clerk and Doorkeeper and offer in lieu thereof a Resolution for the election of Mr. Anthony D. Rossi as the Chief Clerk."
"Any discussion? Hearing the Gentleman's Motion, does the Gentleman have leave? Hearing none, leave is granted."
"Mr. Clerk...if the Clerk will read House Resolution 40, Mr. Speaker."
"Mr. Clerk."
"House Resolution 40. 52 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day 'BE, IT RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the following Officer is hereby elected for the term of the Eighty-Eighth General Assembly: Anthony D. Rossi as Chief Clerk of the House.'"
"Representative McPike."
"Thank you, Mr. Speaker. I move for the adoption of House Resolution 40."
"Any discussion? Hearing none, all those in favor signify by saying 'aye', opposed 'no'. In the opinion of the Chair, the 'ayes' have it and the Resolution is adopted."
"And our congratulations to Tony Rossi."
"Congratulations. Further Resolutions, Mr. Clerk."
"House Resolution 39. 'WHEREAS, John F. "Jack" O'Brien has served as an elected officer of this House since 1969, serving eight General Assemblies as its Chief Clerk and four General Assemblies as its Assistant Clerk; and WHEREAS, Members of the Illinois Legislature have come to know Clerk O'Brien for his mild manner and dedication to the legislative process and its institutions; and WHEREAS, He started his career as Assistant Clerk on January 9, 1969; and WHEREAS, As an official of the House of Representatives, Jack O'Brien has honored the Democrat Party as the longest serving Legislative Clerk in the history of the Illinois General Assembly; having entered the General Assembly at the beginning of biennial 53 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993 sessions, Jack O'Brien's time spent at the House podium sets a record that will not be broken in this century; and WHEREAS, Jack O'Brien has served as an officer of the House under six speakers, Ralph T. Smith, Jack E. Walker, W. Robert Blair, William A. Redmond, George H. Ryan, and Michael J. Madigan, the longest serving speaker; his tenure spans three decennial legislative redistrictings of the House of Representatives; and WHEREAS, Over his many years as administrator of the day to day activities of the legislature, Jack's charitable heart led him to champion the State Employees Combined Appeal and U.S. Bond programs, setting records that always surpassed the goals set for the Illinois House of Representatives; and WHEREAS, The legislative tradition of installing Legislative Clerks representing both parties is held sacred to the Members of the General Assembly; Jack O'Brien, in holding both the Chief Clerk and Assistant Clerk roles, has always held the trust of his office, assuring that a shift in party control would not affect the smooth operation of the General Assembly; Jack O'Brien faced his role reversal as Assistant Clerk to Chief Clerk, back to Assistant Clerk, and for the last decade as Chief Clerk, with the character and dignity that all Members of the General Assembly respect; and WHEREAS, Jack O'Brien passed on the traditions of the role of the Clerk of the Legislature that he learned from his first Republican counterpart, Frederick Selcke, to other newly appointed House Legislative Clerks, Tony Leone and Terry McLennand, upon their election by the General Assembly; and WHEREAS, Jack O'Brien and his longtime Republican counterpart, Tony Leone, have the unique honor of serving and even reversing their historic roles at the time when the Illinois General 54 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day Assembly cutback January 27, 1993 amendment eliminated Illinois' multi-Member legislative system, reducing the House of Representatives from 177 Members to its present total of 118; and WHEREAS, Jack O'Brien, who always had time to give personal tours of the House Chamber, often fondly spoke of his Grandfather, who served as the train engineer for building the great dome of the State Capitol Building, which Jack served with such honor; and WHEREAS, One of the things that we will miss most about Jack O'Brien is his short, succinct (that means to the point, Jack) prayer; we hope that he will give his successor permission to use his copyrighted "God bless all those that serve or work here. Amen."; and WHEREAS, As a further honor, recognizing Jack O'Brien's long and distinguished career with the Illinois Legislature, he was presented a meritorious award by the American Society of Legislative Clerks and Secretaries earlier this year; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we express our warmest regards to a valued friend and colleague as he leaves this House of Representatives for retirement and that we thank him for his years of service to the Members of the General Assembly and the people of Illinois; and be it further RESOLVED, That we convey our most fervent wishes for his long and enjoyable retirement; and be it further RESOLVED, That a suitable copy of this preamble and resolution be presented to John F. "Jack" O'Brien, his wife Sharon, and their three daughters, Marjie, Polly and Bridget, who made the typical sacrifices that all of our families do in order for us to 55 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day participate in public service.'"
"You heard the Resolution. Representative Black." January 27, 1993 Any discussion?
"Yeah. Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. You know, there can be on any given day a lot of frustrations in serving as an elected member of any public legislative body, but one of the things that brings us back each day when we're here is the fact that we get to work with some outstanding staff people, and I might add that staff on both sides of the aisle are generally overworked, underappreciated, and underpaid. Tony Rossi is one of your best and will make an outstanding Clerk of the House, but he has some rather large shoes to fill. I think Jack O'Brien is an island of sanity in this chamber when everything seems to be going wrong. Not that I lose my temper or anything of that sort, but when things begin to deteriorate and tempers are short and the hours grow long that we're here, Jack O'Brien was always an island of calm and dignity and fairness. It was a pleasure to work with a person of the quality of Jack O'Brien, and I tell you, all Members and I'm sure that all Republicans join me in saying, 'Jack, you will be missed, and we have enjoyed working with you.' You are very knowledgeable and very kind person and what I've come to appreciate most of all, particularly in some of the heated moments of this chamber, you have a very keen sense of humor, and that I think we'll miss more than anything. And as you take your leave of this Body, I know our good wishes go with you. In all sincerity, we wish you the very best, but we have one request. Before you leave, if you would please defrost your refrigerator freezer, and perhaps let some of those Bills that I have lost track of over the 56 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 years come forth from that freezer. One or two I would like to try again. Godspeed, Jack, and best wishes."
"Representative... Representative from Sangamon, Representative Curran."
"Thank you, Mr. Speaker. Jack, this is a strange feeling. I know you're going on to a time of relaxation. You get to spend more time with your family and I feel good about that. I feel...I feel empty that you're going to leave. You've been an institution around here. I've been here for ten years. You've been taking care of me and my office in giving us advice for those ten years and never been off the mark, not one time in ten years. But one of the things I don't think people understand even on our side of the aisle is how many hours you put in, how much time away from your family that has meant. Very, very few of us could ever hold it all together. Family, job, professional life and be putting in as many hours as you do in just this one thing. Without the other things that you do in the community to help, just this one thing you put in tremendous hours, and I'm not sure many of us have known that because you work...you work quietly and calmly. You don't ask a tremendous amount of recognition. You always give more than you ask for. You always work harder than any of us, and I really appreciate the ten years that I've had to work along side you, and I hope that there will be many, many, many more with you and your wonderful family where we bump into each other at events...community events, political events in this community. You're one of the best people I have ever known, and it's going to be tough to lose you. Good luck to you and all you do. Thank you."
"Representative Wennlund."
"Thank you, Mr. Speaker. In honor of our Chief Clerk, 57 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 is the Session for February 3rd cancelled?"
"February 3rd?"
"Correct. In honor of our esteemed House Clerk, Jack O'Brien, I think it only appropriate that the Session scheduled for February 3rd be cancelled."
"It is."
"It is. Thank you very much. Thank you very much."
"Yes. Representative Schakowsky."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. As someone who is relatively new to this Body, I just wanted to say to you Jack, how much I appreciated at times when I was feeling overwhelmed and confused and not knowing where to go, your willingness to take the time to answer my questions, to show me the way was very much appreciated. I'm sorry that the many new incoming freshmen won't have the opportunity to benefit from that, but I want you to know how much I, and, I'm sure so many others of us, really appreciate all the help that you've been. Thank you."
"Representative Kubik."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. For those of you who are new, you will sorely miss Jack O'Brien, because Jack O'Brien is really one of the true professionals of our Legislature. When we go out and we campaign for office, we talk about politics and government and government service probably is not the highest calling among a lot of people these days, but I've got to tell you there are some real professionals and some people who have dedicated their lives to making government work and Jack O'Brien is one those people. And Jack, you'll always be remembered for that, but probably from me as one who's here every morning on time, your prayers will 58 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 always be missed because they were short, succinct, to the point, and they got us going quickly, and SO I hope our visiting preachers will take some advice from you. I'd like to make one other observation. I was getting a little nervous there for awhile because with the appointment of Mr. McLennand as the Deputy Clerk and Mr. O'Brien as the Chief Clerk, we had two Irishmen at the helm. I'm happy to note that the new Chief Clerk is an Italian, Mr. Rossi, and for those new Members who didn't realize that Mr. McLennand's predecessor was Mr. Leone who was an Italian. So, we have that ethnic balance back in line there SO I feel comfortable that we're moving in the right direction. Jack, good luck. We will all miss you. You're a true professional. Godspeed. Enjoy your retirement."
"Representative Novak."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House. Jack, I too, join with all my colleagues wishing you well in your retirement. Your staff has done an excellent job for all of us, tending to our individual needs, but I'd just like to point out one thing. I came down here in 1987, in May of 1987, and I recall on the evening of June 30th, 1987, the last day of Session, there was a particular vote concerning the Chicago White Sox, and it was disputed, Ladies and Gentlemen, how long that Roll Call was held open. Now, Jack, I know you've got a very accurate watch, and I know the timing mechanisms have worked accurately in this Body, but believe me, that had to be the longest 30 seconds I've ever seen in my life on a vote to be held open on a Roll Call and I know you've done a competent job in that manner. I can only wish that Tony Rossi can only hope...hold open some of those Roll Calls as short as you did. Good luck and Godspeed." 59 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day
"Speaker Madigan." January 27, 1993 "Mr. Speaker and Ladies and Gentlemen, Jack O'Brien was working in the Clerk's Office when I arrived here and that was a long time ago. He has served through a variety of administrations. I can say that in terms of my time as the Speaker he has been an invaluable asset to the office, because in my administration the Clerk's Office has a great deal of responsibility that many people don't know of and don't appreciate. But I can say that my life as the Speaker of the House has been made much more pleasant because of the fine work that Jack O'Brien did in administering the affairs of the Clerk's Office and the other functions which are under his jurisdiction. will leave us just for a short time and then he'll return Springfield and he'll be back in the Springfield area. Jack to We do hope that he enjoys his retirement as much as we have enjoyed working with him and having him work with us. has a wonderful family. His daughter was so kind as to show my daughter around this building many, many years ago when they were young teenagers. So, on behalf of all House Democrats, Jack, we wish to wish you the very, very best in He your retirement. We want to thank you for everything you've done for us over the years, and don't take retirement real seriously. Make sure you find things to do. Thank you."
"Representative Madigan moves that all Members be added to the Resolution as Cosponsors. Does he have leave? Hearing none, leave is granted, and Representative Madigan moves that the Motion be adopted. All those in favor signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. The Resolution is adopted. Congratulations, Mr. Clerk." 60 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day January 27, 1993
"It's just about my supper time. I've been blessed with knowing a lot of first-rate people in the time I've been here. Not only the Members, but staff. So, they've held me together. When I was down here with the straight face, they'd know what was going through my mind all the time. So in my...in the short prayer I always said...I always prayed for those who both served here, but those who worked here too, meaning my staff. So, you will remain in my prayers. Thank you."
"Mr. Clerk, Resolutions. The Adjournment Resolutions."
"Senate Adjournment Resolution #6. A message from the Senate by Mr. Harry, Secretary. Mr. Speaker, I'm directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, and the adoption of which I'm instructed to as the concurrence of the House of Representatives to wit; Resolved by the Senate of the 88th General Assembly of the State of Illinois the House of Representatives concurring herein, that when the two House adjourn on Wednesday, January 27th, 1993, the Senate stand adjourned until Perfunctory Session on January 28th, Perfunctory Session on February 2nd, Perfunctory Session on February 4th, Perfunctory Session on February 9th, Perfunctory Session on February 11th, Perfunctory Session on February 16th, and Session on February 17th at 12 noon, and when the House of Representatives adjourns Wednesday, January 27th, 1993, that they stand adjourned for Perfunctory Session until January 28th, Perfunctory Session on February 2nd, Perfunctory Session on February 3rd, Perfunctory Session on February 4th, Perfunctory Session on February 9th, Perfunctory Session on February 11th, Perfunctory Session 61 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day on February 16th, and they'll be staying Wednesday, February 17th, 1993 at 12 noon. January 27, 1 5th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 Representative Black; House Resolution 38, offered by Representative Giglio; House Resolution 41, offered by Representative McAfee; House Resolution 42, offered by Representative McAfee; House Resolution 43, offered by Representative McAfee; House Resolution 45, offered by Speaker Madigan; and House Resolution 47, offered by Representative McGuire."
"Death Resolutions. Representative McPike moves for the adoption of the Resolutions. All those in favor signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. The Resolutions are adopted. Death Resolutions."
"House Resolution 30, offered by Representative J. Hoffman, in respect to the memory of Robert Rice; House Resolution 31, offered by Representative Balanoff, with respect to the memory of Kathy Louise Lamb; House Resolution 32, offered by Representative Younge, with respect to the memory of Walter Thomas; House Resolution 35, offered by Representative Tim Johnson, with respect to the memory of Dr. James Scott Walker; House Resolution 36, offered by Tim...Representative Tim Johnson, with respect to the memory of Lou Henson, Jr.; House Resolution 37, offered by Representative Black, with respect to the memory of Dr. Everett Laury; House Resolution 46, offered by Representative Morrow, with respect to the memory of Charles Emerson Cooper; and Senate Joint Resolution #5, offered by Speaker Madigan and Representative Daniels and all Members, with respect to the memory of former Supreme Court Justice Thurgood Marshall."
"Move for the adoption of the Death Resolutions. McPike moves. All those in favor signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' 63 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 27, 1993 5th Legislative Day REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS BBTH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JANUARY 27, 1993 93/02/23 09:37:59 HB-0144 FIRST READING PAGE 23 HB-0147 FIRST READING PAGE 23 H3-0148 FIRST READING PAGE 23 HB-0149 FIRST READING PAGE 23 HB-0150 FIRST READING PAGE 23 HL-0151 FIRST READING PAGE 23 HB-0152 FIRST READING PAGE 23 HB-0153 FIRST READING PAGE 23 HB-0154 FIRST READING PAGE 23 HB-0155 FIRST READING PAGE 25 HB-0156 FIRST READING PAGE 23 HL-0157 FIRST READING PAGE 23 HB-0158 FIRST READING PAGE 24 HB-0159 FIRST READING PAGE 24 HL-0160 FIRST READING PAGE 24 HB-0161 FIRST READING PAGE 24 HB-0162 FIRST READING PAGE 24 Hi.-0163 FIRST READING PAGE 24 HS-0164 FIRST READING PAGE 24 HB-0165 FIRST READING PAGE 24 H-0166 FIRST READING PAGE 24 HB-0107 FIRST READING PAGE 24 HB-0168 FIRST READING PAGE 24 H-0169 FIRST READING PAGE 24 HB-0170 FIRST READING PAGE 24 HB-0171 FIRST READING PAGE 25 HD-0172 FIRST READING PAGE 25 HB-0173 FIRST READING PAGE 25 Нb-0174 FIRST READING PAGE 25 H-0175 FIRST READING PAGE 64 HB-0176 FIRST READING PAGE 64 HB-0177 FIRST READING PAGE 64 HD-0178 FIRST READING PAGE 64 HR-0039 ADOPTED PAGE 60 HR-0039 RESOLUTION OFFERED PAGE 53 HR-0040 ADOPTED PAGE 53 HR-0040 RESOLUTION OFFERED PAGE 52 HR-0044 ADOPTED PAGE 52 HR-0044 RESOLUTION OFFERED PAGE 25 HJR-0002 ADOPTED PAGE 2 HJR-0002 RESOLUTION OFFERED PAGE 2 SJR-0006 ADOPTED PAGE 62 SJR-0006 RESOLUTION OFFERED PAGE 61 JSR-0001 ADOPTED PAGE 4 JSR-0001 RESOLUTION OFFERED PAGE 3 SUBJECT MATTER HOUSE TO ORDER REPRESENTATIVE GIGLIO PAGE 1 PRAYER FATHER VOUCANOS PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 1 COMMITTEE REPORT PAGE 2 JOINT SESSION CONVENES SPEAKER MADIGAN PAGE 2 GOVERNOR EDGAR STATE OF STATE PAGE 4 JOINT SESSION ADJOURNS PAGE 22 REPRESENTATIVE GIGLIO IN CHAIR PAGE 22 RECESS PAGE 22 PERFUNCTORY SESSION PAGE 23 PERFUNCTORY RECESS PAGE 25 HOUSE RECONVENES SPEAKER MADIGAN PAGE 25 REPRESENTATIVE GIGLIO IN CHAIR PAGE 25 AGREED RESOLUTIONS PAGE 62 DEATH RESOLUTIONS PAGE 63 REPORT: TIFLDAY PAGE: 002 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JANUARY 27, 1993 SUBJECT MATTER GENERAL RESOLUTIONS ADJOURNMENT PERFUNCTORY RECONVENES PERFUNCTORY SESSION ADJOURNMENT 93/02/23 09:37:59 PAGE 64 PAGE 64 PAGE 64 PAGE 64