"House will come to order. The Chaplain for today is Reverend Jack Hoffman of the Paris Bible Church in Paris, Illinois. Reverend Hoffman is the guest of Representative Mike Weaver. The guests in the balcony may wish to rise and join us for the invocation."
"Let us pray together. Heavenly Father, we come to You this morning realizing that we need Your help to govern the affairs of men. Lord, we live in a time where the ministry is in disrepute and often time politicians are misunderstood, and I pray this morning, Lord, that You would help these assembled here today to have the courage to be able to stand by their convictions and do the right thing for the people who sent them here. I ask, Heavenly Father, that You give them the wisdom to know how to do those things. We ask, Heavenly Father, that as they deal about the business of the day that they would do that which is right under a Sovereign God as we have tried to do that which helps the people in the State of Illinois, and Lord, we pray that we'd have a deeper grasp of Your view with a deepening of our spiritual insight. Help us care about those who cannot speak for themselves today. Lord, we just pray your blessing on this meeting. We ask in Jesus' name. Amen. Thank you."
"We'll be led in the Pledge of Allegiance by Representative Mautino."
"- 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 Currie."
"Representative LeFlore is the only excused absence on 1 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day this side."
"Thank you. Mr. Kubik."
"Thank you. Let the record reflect April 23, 1993 that Representative Pedersen is excused due to illness."
"Take the record. One hundred and sixteen Members answering the roll call, a quorum is present. ...Bills, First Reading."
"Senate Bill 96, offered by Representative Parke, a Bill for an Act in relation to grievance procedures and employment. Senate Bill 211, offered by Representative Maureen Murphy, a Bill for an Act amending the Fire Protection District Act. Senate Bill 227, offered by Representative Novak, a Bill for an Act amending the Environmental Protection Act. Senate Bill 268, offered by Representative Daniels, a Bill for an Act making appropriations. Senate Bill 311, offered by Representative Daniels, a Bill for an Act making appropriations. Senate Bill 315, offered by Representative Daniels, a Bill for an Act making appropriations. Senate Bill 316, offered by Representative Daniels, a Bill for an Act making appropriations. Senate Bill 317, offered by Representative Daniels, a Bill for an Act to provide for the ordinary and contingent expenses of the Office of the Governor. Senate Bill 318, offered by Representative Daniels, a Bill for an Act making appropriations. Senate Bill 319, offered by Representative Daniels, a Bill for an Act making appropriations. Senate Bill 320, offered by Representative Daniels. a Bill for an Act making appropriations. Senate Bill 321, offered by Representative Daniels, a Bill for an Act making appropriations. Senate Bill 521, offered by Representative Daniels, a Bill for an Act making appropriations. Senate Bill 527, offered by Representative 2 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 Daniels, a Bill for an Act making appropriations. Senate Bill 945, offered by Representative Daniels, a Bill for an Act making appropriations. First Reading of these Senate Bills."
"Mr. Stephens. Third Reading. Are you ready? Okay. Agreed Resolutions."
"House Resolution 550, offered by Representative DeJaegher; House Resolution 551, offered by Representative DeJaegher; House Resolution 552, offered by Representative DeJaegher; House Resolution 553, offered by Representative Daniels; House Resolution 554, offered by Representative Capparelli; House Resolution 555, offered by Representative Hartke; House Resolution 556, offered by Representative Parke; House Resolution 557, offered by Representative Novak; House Resolution 558, offered by Representative Mulligan; House Resolution 559, offered by Representative Mulligan; House Resolution 560, offered by Representative Mulligan; House Resolution 561, offered by Representative Clayton; House Resolution 562, offered by Representative Sheehy; House Resolution 563, offered by Representative Balthis; House Resolution 564, offered by Representative Giolitto; House Resolution 565, offered by Representative Andrea Moore; House Resolution 566, offered by Representative Ostenburg."
"Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say 'aye'; opposed, 'no'. The 'ayes' have it. Agreed Resolutions are adopted. Death Resolutions. General Resolutions."
"House Resolution 567, offered by Representative Black. House Joint Resolution 27, offered by Speaker Madigan and House Joint Resolution 28, offered by Representative Weller." 3 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993
"Committee on Assignment. Education, Third Reading, House Bill 125, Mr. Levin. Representative Currie. Out of the record. (House Bill) 658, Representative Currie. Mr. Steczo, 730. Mr. Brunsvold, would you like to handle this for Mr. Steczo? Mr. Brunsvold, would you handle this for Mr. Steczo? Give you a second to look at that file. Mr. Balanoff, on 521. Read the Bill, Mr. Clerk. Mr. Brunsvold, we'll get to that on the next Bill. Read the Bill."
"House Bill 521, a Bill for an Act amending the School Code. Third Reading of the Bill."
"Mr. Balanoff."
"Mr. Speaker, Ladies and Gentlemen of the House. House Bill 521 would provide for tuberculosis testing in a number of counties designated as at an increased risk by the Department of Public Health with regular school exams in kindergarten, fifth grade and ninth grade. It came out of this task force on school exams. It also would suggest but does not mandate or...anything like that. It's saying that the idea of dental screening would be a good idea. We all know tuberculosis is on the rise, and certainly this is a small step in the right direction."
"Does anyone rise in opposition? Ms. Cowlishaw,"
"Mr. Speaker, I don't rise in opposition, I simply rise to commend the Sponsor. He has gone through a great deal..."
"Good. All right. Mr. Black."
"Thank you very much, Mr. Speaker. An inquiry of the Chair."
"Yes."
"It's our understanding that Amendment #32 needs to be, if it hasn't been, adopted to the Bill, an then it becomes an 4 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day agreed process. Would the Clerk..." April 23, 1993
"Mr. Clerk, is Amendment #2 on the Bill?"
"Amendments 1 and 2 have been adopted to the Bill."
"Thank you very much."
"The question is, 'Shall House Bill 521 pass?'. All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 116 'ayes', 0 'nays'. House Bill 521, having received the Constitutional Majority, is hereby declared passed. House Bill 730. Mr. Clerk, read the Bill."
"House Bill 730, a Bill for an Act amending the School Code. Third Reading of the Bill."
"Mr. Brunsvold has leave to handle the Bill. Leave is granted. Representative Brunsvold."
"Thank you, Mr. Speaker. House Bill 730 really deletes an old requirement and really is a shell Bill. Representative Steczo had this piece of legislation ready for any agreement on the regional superintendents and the state superintendents, and he was going to move it to the Senate to see if we could come to some agreement. It's kind of unusual that I'm the sponsor of House Bill 525. I'm also asking you to pass 730."
"Mr. Wennlund."
"Will the Sponsor yield?"
"Yes."
"Would you repeat that again? What's...730?"
"A shell Bill. What shall it be for? This was the opposite Bill to my Bill, 525, which was a regional superintendent's elimination of the ESC's, and this was the state board's shell Bill to use in case they had an agreement, or to put their provisions on it." 5 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day Wennlund:
April 23, 1993 "You mean, the state board had an agreement?" "The state board, Superintendent Leininger had this Bill in case they come to agreement or put the provisions on to limit...to eliminate the regional superintendents."
"Now, that sounds like a real good idea to me, but there's no tax increase intended."
"I'm bipartisan here."
"No tax increase intended?"
"No."
"Well, it sounds like a good idea to me."
"The question is, 'Shall House Bill 730 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Motion, there are 83 'ayes' and 24 'noes'. House Bill 730, having received the Constitutional Majority, is hereby declared passed. House Bill 1089, Mr. Churchill. (House Bill) 1195, John Dunn. Representative Currie, 1919. Representative Phelan, 2073. That's the last time we'll get to this Order today. Read the Bill, Mr. Clerk."
"House Bill 2073, a Bill for an Act amending the School Code. Third Reading of the Bill."
"Representative Phelan." "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2073 authorizes principals without any prior authorization to expel students for one term if they are caught bringing a gun onto school property. This Bill has been amended to include the language expelled for one school year, which would be the school term from September through June. Be happy to answer any questions."
"On the Cowlishaw." 'do pass' Motion, Representative
"Thank you very much, Mr. Speaker, Ladies and 6 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 Gentlemen of the House. First of all, the Amendment doesn't say 'one term', it says 'one year'. Secondly, none of us wants to see a student bring a gun to school, but under current law, already the principal of that school can have that student removed from school property immediately if that student is in possession of a gun. However, an expulsion from school for a whole year is a rather serious kind of punishment to impose upon a student. Under current law, that student can remain off the premises of that school until the school board has an opportunity to review the evidence against that student, and then determine whether an expulsion for a whole year is to occur. To simply put in the hands of the principal without any requirement for any evidence of any kind whatsoever, who is to say that some other student didn't just simply hand this over to this youngster in whose hands the principal happens to find this weapon. I think that this is...it is...it is certainly a well-intentioned Bill, but to have no evidence required before this student has to miss a whole year of school, it seems to me that punishment is not appropriately put into place simply by a principal. There ought to be a requirement for some kind of evidence. Thank you."
"Yes. Representative Hoeft."
"Thank you, Mr. Speaker. We already have in law right now the opportunity to remove a student immediately from a school environment through a suspension. A child is suspended immediately, it must then go to the Board of Education. My question with this Bill, and I like the intent to save and protect students and staff, but the question is, 'Where is due process?' If the principal happens to make an error, where is due process? The boards of education presently have that. The principal can 7 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 suspend immediately and within ten days, that has to be brought to the board or the child cannot be expelled. I think this is weak. Thank you."
"Mr. Phelan."
"Basically, what this Bill does is it cuts the red tape. Answering Representative Cowlishaw, I would think that the kid getting caught with a weapon in school would be enough evidence. This is a problem in Cook County on a weekly basis. There's been kids as young as seven and eight years old bringing guns to school. Everybody else is in danger, and we need this legislation passed. I would ask for a favorable roll call."
"The question is, 'Shall this Bill pass?' All those in favor vote 'aye'; opposed vote 'no'. ...Ostenburg, to explain his vote."
"Thank you, Mr. Speaker. To explain my vote. As someone who's been involved in education for the last several years, I'm very concerned about a measure that would say the student would be out of school for an entire year because they have a gun in their possession. This is a serious offense; there's no question about that. But there are other ways the school administration and school boards might be able to handle it. To have an absolute that says that every kid who might on occasion pick up his father's gun, put it in his pocket and bring it to school is going to be out of the classroom for an entire year, and then be on the street, where that student is very likely to be involved in various activities that will, in fact, cause more complications for that student, I think that we're making a serious mistake by putting that kind of a measure in place as a state law. This allows absolutely no opportunity for local school officials to handle the 8 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 problem in the way that they see fit. Instead, we in Springfield are making an absolute statement about the educational process in each one of these schools that involve the lives of young people. I urge you to reconsider your votes on this matter. Thank you."
"Representative Mulligan."
"Thank you, Mr. Speaker. I'd like to explain my 'no' vote, also. Since there's no age limit on this, I don't think, although it's inappropriate and the intent is good, it certainly is inappropriate for a small child to have a gun in school, sometimes they do these things without knowing. To expel them for a year is definitely...I don't think the type of punishment that we want to impose."
"Representative Johnson." Johnson, Tom: "Yes. To explain my vote. I believe this is well intended, but I believe that the better position has to be that we, in fact, authorize local boards of educations to make these types of decisions; and once again, here we go in Springfield usurping the role of our elected boards of education to go around whatever policies that they might deem fit for their local districts and authorize this sort of action from Springfield; and, therefore, I have to vote 'present' on this."
"Representative Blagojevich."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. My understanding of this Bill is the fact that the principal would not have to suspend or expel a student, it's the discretion of the principal in each school. The Bill still allows the principal to have the discretion to do so. What the Bill does, however, is gives the principal the opportunity to do so without time constraints or the red tape as Representative Phelan mentioned. I think it's 9 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 important to note that in Chicago in particular, our schools have become in many places danger zones. In the 1950's...in the 1960's, it was unheard of for children to have guns in schools. Think about what we're saying here. This is a child who brings a gun into a school. There's no reason why we should think that expelling them for one year is SO bad, and if a principal has the discretion to throw the kid out, that's fine too. The principal will judge that case based on that child's history and that school. We should give the principal that power. Schools in Chicago and in big cities are under siege. Guns in schools. Think about it. Guns in schools. That's serious business. I think it's time for us to send a message kids...there's no place in schools for guns. Thank you." to
"Okay, Pat. Representative Brunsvold."
"Thank you, Mr. Speaker. When the Gentleman brought the Bill into the committee, it was expulsion forever, and that's not what we wanted to do. The Gentleman amended it and put it back to a year and I think it makes a statement about what we should do with children bringing weapons, whether it be a gun or a knife or anything, into a school situation. And I stand to support the Gentleman's Bill to say this is...this is tough. We didn't make sure you understand that you can't bring a weapon into this school."
"Mr. Morrow."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The one concern I have on House Bill 2073 is if you kick a kid out of school for a year. what happens to that kid during that year? Where does he go to try to learn anything? Where does he get any kind of education for that year? What happens to him when he goes back to school the following year? What happens is he's going to be a year 10 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 behind. He's going to have to repeat that grade again, so unless we put some language in this Bill that goes to the concerns of what happens to that child during that year's period of time, where does he get any type of...tutoring or anything like that, 'cause otherwise he's going to be out a year, and there's no guarantee that he's going to go back to school after that year is up. I urge some red votes on House Bill 2073 until we have a chance to deal with that concern."
"Mr. Curran."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I want to take you ahead in time to two points in the future. The first point in the future is when you read in the paper about some kid being killed in school, and you realize that on this day in this room at this time you could have done something about it. How are you going to feel sometime in the future, whether a week or a month or a year, when some twelve-year-old girl gets shot and dies in some school because some kid brought a gun to school and didn't think it was very serious? And the next time in the future I'd like to take you ahead to, is the next time you run for re-election, and you could have voted to save that little girl's life and the person who's running against you just happens to inform the voters in..."
"Representative Moore." Moore, Andrea: "To explain my vote. I think the concept is very good. Could we have some order, Mr. Speaker?"
"Sure. Let's have some order for the Lady." Moore, Andrea: "I think the concept is good, and you'll see many 'present' votes on this Bill, and there are many of us that would've supported this if there would be some kind of an appeal process in there for the individual, because 11 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 sometimes there are extenuating circumstances and a year is a very long time. So if this Bill would come back in a different form, and it would have some kind of an appeal process, I think you'd get many of us really supporting it."
"Representative Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. If you check the current School Code of Illinois, if anyone is expelled for a semester or a year, I believe the School Code says clearly that alternative education systems will have to be developed for that student. So that student isn't going to be able to just sit in front of a television set for a year. Furthermore, the framers of the Illinois Constitution I don't think could imagine, even in 1970, that students would be bringing guns to school. If you don't vote for this Bill, what are you saying, that if you bring a gun to school, he says, 'Oh, I thought this was a cigarette lighter. I'm sorry'. You want the bureaucracy to take weeks or months to act? That principal must have the ability to immediately act, and let's be serious. That action will be subject to due process and could very well be overturned; in fact, probably will be overturned. But at least give the principal the authority to get rid of a dangerous situation at the moment it occurs. Vote 'aye'."
"Representative Wirsing."
"Thank you, Mr. Speaker. As a school board member for the past seven years I speak in opposition to this Bill. There're some things here that are already in place that allow for the proper correction of some student who brings a gun into the school to be taken care of, and that's simply a matter of the principal contacting local law 12 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 enforcement authorities and following on through. When you talk about taking a young student out of school for one whole year, there is nothing in the current code that says that they have to have alternative education during that year. That's solely up to the individual and/or their parents to do that. There's nothing in the code that says that has to happen. So that young student is going to spend one whole year out of school and, for most, it means they will never come back to school, very probable. This is a bad piece of legislation. It ought to be handled on the local level, and we ought to keep our hands out of that. Thank you."
"Representative Davis."
"Thank you, Mr. Chairman. The question I have is, 'Who is going to supervise that student when he is totally out of school?' If his parents or she...he, she...if his or her parents are working or not there to supervise that child, exactly what will he or she be doing for all of that time? This Bill, I think, did very poorly in the committee, and I'm just surprised that people want to permanently expel children from school."
"Mr. Stephens."
"Well, thank you, Mr. Speaker. One of the advantages of sitting over on this side in this corner is that I get access to some special advice. Today we have some students here from Princeville High School, and they unanimously agree that if a student brings a weapon to school, that that student should be expelled, and they don't care if that kid comes back for another year. So, I thought you should know that. The students are for this and so am I."
"Mr. Pugh."
"Ladies and Gentlemen, Mr. Speaker. I think you ought to 13 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day really consider what you're doing here. actually going to do is create a criminal. April 23, 1993 What you're Once you expel a student from school with a gun, this student will eventually use that gun to support himself for the year that he's out of school. I think we should rethink our votes, rethink the way that we approach criminals, crime, and let's focus on some prevention as opposed to punishment. Thank you."
"Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 73 'ayes' and 27 'noes'. House Bill 2073, having received the Constitutional Majority, is hereby declared passed. (House Bill) 2132, Mr. Deering. Read the Bill, Mr. Clerk."
"House Bill 2132, a Bill for an Act amending the Public Building Commission Act. Third Reading of the Bill."
"Mr. Deering."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. What House Bill 2132 does, is exempts the authority of public building commissions in counties that have public building commissions, and it exempts their authority to build elementary and secondary schools and community colleges. Current law says now that schools can do one of two things when they want to build onto a school building or build a new school. They can petition the voters through referenda or they can go straight to the Building Commission without the voters having a say in a tax increase. What my intent on this Bill is, is to go through the referendum process and let the voters have their say. The Amendment we put on yesterday exempted Cook County, SO it would be for every county in the state except Cook 14 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 County. I'd be more than happy to answer any questions."
"Mr. Skinner, on the 'do pass' Motion."
"Mr. Speaker, I stand in support of this Bill. It's obvious that we in the State Legislature have decided that school referendums ought to be required in order to build schools. Schools and junior colleges should not be able to make end runs around the voters by going to a county building commission."
"Mr. Leitch."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. While this Bill is very attractive in its sound, its impact is devastating on a number of schools throughout downstate. Certainly in Peoria, we have in the...kept the school district alive through some very difficult times over the last ten years. We have been able to creatively work with them SO that because the state was either unpredictable or uncertain in its funding, and they were having one financial crunch after another, we've been able to collaborate with them and prevent some very drastic circumstances being put forward on the schools. In a like manner, we have worked very collaboratively with the community college districts, and one of the reasons that our community college's known throughout the United States as one of the very best is because of the relationship that we have been able to work with this group. We have not abused this privilege. It has not been a profligate spending of taxpayer money, and for those of you who are concerned about education, I would urge you to reject this bad Bill."
"Mr. Black."
"Thank you very much, Mr. Speaker. Would the Sponsor yield?" 15 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
"Yes."
April 23, 1993 "Representative, I'm a little confused about Amendment #1. Does this take Cook County out of the Bill or put Cook County in the Bill?"
"Yes. It exempts Cook County from the Bill. Cook County..."
"Why are we going to do that? I mean, there's a whole bunch of people live in Cook County. They probably build more schools or community college buildings than all the rest of us put together."
"This was through some negotiations on...gaining interest in the Bill in trying to..."
"Mr. Black, Cook County's out of the Bill. To the Bill. Let's...to the Bill."
"All right. To the Bill. Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. The Bill is rather straightforward, probably a good Bill from a taxpayer's point of view. But what I don't understand, is if you're going to prevent community colleges and school districts from entering into any lease agreement with a public building commission, if that's a good idea, the only thing I'm saying is it's a good idea for Cook County as well as the other 101 counties in the state. I don't intend to vote for the legislation, simply because the largest county in the state that could very well build more schools or more community college buildings than all the rest of us put together, is exempt from this, and it's for that reason and that reason alone that I will withhold my 'yes' vote."
"The question is, 'Shall House Bill 2132 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? Clerk 16 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 will take the record. On this Motion, there are 98 'ayes' and 9 'noes'. House Bill 2132, having received the Constitutional Majority, is hereby declared passed. House Bill 2249, Representative Flowers. Read the Bill, Mr. Clerk."
"House Bill 2249, a Bill for an Act amending the School Code. Third Reading of the Bill."
"Ms. Flowers."
"Mr. Speaker, that's the wrong Bill. (House Bill) 2264."
"We were on Education, and 2264 is the next Order I was going to go to. Do you want to..."
"Would you please take this Bill out of the record?"
"You don't want this one called?"
"Thank you."
"All right. What was the other number?"
"(House Bill) 2264."
"(House Bill) 2264. Mr. Clerk, read the Bill."
"House Bill 2264, a Bill for an Act to amend the School Code. Third Reading of the Bill."
"Representative Flowers."
"Mr. Speaker and Ladies and Gentlemen of the House, I move for the adoption of Amendment #1 to House Bill 2264."
"This is on Third Reading."
"Oh. Okay. Well, I move for passage of the Bill for House Bill 2264."
"All right. On a 'do pass' Motion, Representative Black."
"An inquiry of the Chair. I assume then that the Lady has not put Amendment #1 on the Bill; is that correct?"
"Mr. Clerk?"
"Amendment #1 has been adopted to the Bill." 17 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
"Oh. It has been adopted to the Bill. April 23, 1993 Well, I'm not sure it's still a very good Bill. I think I'll vote 'no'."
"Representative Cowlishaw."
"An inquiry of the Chair, Mr. Speaker."
"Yes."
"I thought we were going through the Special Order of Business?"
"I was, but then I went over to Business and Job Development, Third Reading, and picked up this Bill."
"Oh, I'm sorry. Thank you very much."
"Yes. The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 67 'ayes', 44 'noes'. House Bill 2264, having received the Constitutional Majority, is hereby declared passed. Representative Mulligan."
"Mr. Speaker, my switch would not work. I would like to be recorded as a 'yes' vote."
"The Lady indicates she would have voted 'yes' on 2264, and the record will so reflect. Elections and State Government, 2081. Read the Bill, Mr. Clerk."
"House Bill 2081, a Bill for an Act amending the Illinois Human Rights Act. Third Reading of the Bill."
"Representative Giolitto."
"Thank you, Mr. Speaker and Members of the House. House Bill 2081 addresses sexual harassment, and specifically tenant-landlord situations. I think that this is necessary, as I said yesterday. This was brought to my attention by a constituent, and these kinds of things happen all the time, and it will be put into the Human Rights Bill as the Human Rights Commission has worked with 18 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day me on this. Thank you."
"Mr. Black, on a 'do pass' Motion." Black: to April 23, 1993 "Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I rise oppose House Bill 2081. Can anybody in this chamber tell me why realtors should be singled out from all other types of consumer transactions to make sexual harassment violations apply to realtors? Does anybody here think a realtor is in such influence and power over their clients that they can intimidate them into unwelcome sexual advances? I think that's a very dubious presumption at best. If anything, real estate owners or agents are the ones that are vulnerable to intimidation, not the tenants or clients they serve, since the owners or agents are the ones who are dependent upon those individuals for their livelihood. Now, if we're going to do this for realtors, why not provide sexual harassment penalties for legal services? How 'bout sexual harassment providing medical services, or, heaven forbid, political services? I don't know where this is going to stop, but I don't know why in the world you want to single out realtors under a sexual harassment clause of this Bill, and if...I am not aware of any complaint that has been made in a real estate transaction. I don't know what prompted this Bill, but I certainly don't understand why realtors have been singled out in this Bill when we could put everybody in there if that's your choice. I urge a 'no' vote."
"Mr. Zickus."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Yes, she will."
"You indicate that this legislation...addresses a landlord and tenant, and yet the language says on page 4, line 29, 'submission to or rejection of the conduct is made 19 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 explicitly or implicitly a term or condition to engage in or continue to engage in a real estate transaction. A real estate transaction would include not only the leasing of real estate, but the sale of real estate'. What in this Bill would prevent a customer from coming back at a later date maybe to try cancel a contract saying...claiming that they were sexually harassed? I also would like to point out that it seems in recent years the majority of real estate agents are female, and I agree with Representative Black. Why is the real estate industry being singled out, why not the legal profession, why not car dealers, et cetera? I rise in opposition to this Bill, and I urge your 'no' vote. Thank you."
"Representative Giolitto, to close. Ms. Giolitto. Turn her on, please."
"Thank you. I would like to address the questions that have just arisen. The Human Rights Commission has received a lot of complaints in this exact situation, just as they have in higher education and in employment. It happens to be a particular situation that...that has come up a lot, and it needs to be addressed, and I really think that by passing this Bill, it could be a good deterrent. Not only have I seen other situations, I've been in this situation myself, and I do feel that it's very necessary. Thank you. I urge an 'aye' vote."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? Clerk will take the record. On this Motion, there are 53 'ayes', 56 'noes'. House Bill 2081... Do you want it on Postponed, or do you want to declare it lost? Postponed? Representative Giolitto? On this Motion, there is 53 'ayes', and 56 20 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 'noes'. House Bill 2081, having failed to receive the Constitutional Majority, is hereby declared lost. Representative Morrow, for what reason do you rise?"
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I learned earlier this morning that there's some Members of this Body, especially some of the male Members, that did not know that we have a men's washroom in the chambers here. Some of the Members have been going down to the second floor, so I just wanted to let Representative Bladdervich know that there's a washroom...Blagojevich...well, Bladdervich, maybe he had to go to second floor because of his bladder, but I just wanted to let you know, Representative, there's a men's washroom over in the corner right there, and you don't have to go to the second floor anymore."
"Mr. Blagojevich."
"Is this a point of personal privilege? I'd like to tell Representative Morrow, first of all, the reason that I went down to the second floor was none of these so-called experienced Reps told us where the men's room was, and I'm not going to neglect to tell Morrow how to say my name, it's Blagojevich. Blagojevich. Thank you."
"House Bill 742, Representative John Dunn. Read the Bill, Mr. Clerk."
"House Bill 742, a Bill for an Act concerning county jail inmates. Third Reading of the Bill."
"Mr. Dunn."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 742 simply provides that where a Medicaid recipient becomes incarcerated in a county jail, the Illinois Department of Public Aid will pick up the medical expenses. Currently, the county is stuck with those bills. 21 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day I ask for passage of this legislation."
"Mr. Wennlund." April 23, 1993
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Yes."
"Is the County of Cook excluded from the provisions of this Bill?"
"They were at one time, but I think there's an Amendment on the Bill now to...well..."
"Mr. Clerk, are any Amendments adopted?"
"We were going to table the Amendment."
"Amendment #1 has been adopted to the Bill."
"Thank you."
"Well, Amendment...Mr. Speaker, Amendment #1 is to be tabled, but if we bring it back, we can't hear this Bill today, can we?"
"That's correct."
"Then..."
"Amendment #1 has been adopted."
"Let me indicate to Mr. Wennlund, Amendment #1 is to be tabled, so that will put Cook County back in, and we'll do it in the Senate."
"I'm sorry. Amendment #1 was adopted?"
"Yes."
"Yes, and it should be tabled. It was adopted in error, and Cook County is to be included in this legislation. That is correct, and that will be done...if we can get it out of here, that'll be done in the Senate. I make that commitment."
"So, you intend to remove the provisions that limit counties other than Cook, so it'll cover the entire state, 102 counties?"
"Yes." 22 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993
"What's the financial impact on the State of Illinois as a result of this?"
"I didn't hear the question."
"What would the financial impact be on the Department of Public Aid?"
"Golly. I don't know. I'll have to look in the file. To answer your question, there certainly would be a cost because the counties pay for this now, and the Department of Public Aid, of course, is much better equipped to pay for this than the counties. It is a terrible burden on the counties because they have to pay the expenses of the inmates in their county jails, and it seems really inconsistent to ask the county to pick up the tab for someone who yesterday was a Public Aid recipient and today would be a Public Aid recipient except for the fact that person's incarcerated in the county jail."
"Thank you very much. To the Bill, Ladies and Gentlemen of the House. I think everybody in this House knows that one of the biggest and most contentious and controversial issues facing this General Assembly is Medicaid, and how we can tie into reimbursement from the federal government. We imposed a hospital tax. We imposed a granny tax, just to be able to tie into the federal moneys. Now, what we're doing is we're going to put an additional burden on the Department of Public Aid to come up with money somehow to pay for Medicaid for prisons...for jails, county jails. Shifting the cost from the counties to the state, an already overburdened system that we don't have the money for in the first place, and we all acknowledge we don't have the money for it. So, nobody yet has come up with a suggestion as to how are we going to tap into $750 million in federal moneys to fund Medicaid for a 23 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 billion-and-a-half dollar program, and now we're going to put an additional burden on the Department of Public Aid and their budget to fund Medicaid for all county jail inmates. The money just isn't there. It's not a sound policy. We don't know how we're going to pay for it, and you ought to think about that when you vote, because if you vote for this, you're saying that you're ready to reinstitute the granny tax and the Medicaid tax to tap into those federal dollars."
"Mr. Dunn. Mr. Dunn, to close."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. What I would suggest to the Gentleman who spoke most recently is that I'm one of those people who doesn't like the local mandates, and I thought he was, too. What we have now is a mandate to your county that if someone who is on Public Aid goes to jail, the state gets off the hook and the county picks up the bills. If that isn't a mandate, I don't know what it is. If we believe we've mandated too much on our local counties, we ought to pass this legislation, and say to our counties, 'If you have to incarcerate someone who is already on the Public Aid rolls, while they're in your county jail, they stay on the Public Aid rolls for medical purposes. Currently, the law says, 'You put someone in the slammer who is on Public Aid, then the county has to pick up their medical bill'. This is good legislation. I urge an 'aye' vote."
"The question is, 'Shall House Bill 742 pass?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 73 'ayes' and 32 'noes'. House Bill 742, having received the Constitutional Majority, is hereby declared passed. House Bill 820, Mr. 24 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day Ostenburg. Ostenburg. Read the Bill." April 23, 1993
"House Bill 820, a Bill for an Act..."
"Out of the record. Representative Ronen, 1108. Ronen. Representative Stroger, would you like to handle this Bill? Representative Ronen's here. All right. Read the Bill, Mr. Clerk."
"House Bill 1108, a Bill for an Act amending the Illinois Purchasing Act. Third Reading of the Bill."
"Representative Ronen."
"Thank you, Speaker, Members of the House. HB 1108 amends the Illinois Purchasing Act. It requires that bidders and contractors certify that they provide health benefits to their employees in order to be eligible for...for state contracts. This Bill exempts businesses that have less...50 or less employees and now we have amended it to delete the opposition from CMS. We think that this is an important Bill. We have a health crisis in this state. The state needs to be a leader and say that health care is important. This is one very simple way we can do that. I urge 'do pass'."
"Representative von Bergen-Wessels." von Bergen-Wessels: "Thank you, Mr. Speaker. I intended to be a 'yes' vote on 742."
"Thank you. The record will so reflect. Representative Andrea Moore." Moore, Andrea: "Thank you, Mr. Speaker. Will... To the Bill. This definitely is going to reduce competition for the state and potentially could cost us money, and I would urge a 'no' vote."
"Mr. Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I rise in opposition to House Bill 1108. I 25 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 don't know why we constantly want to tinker with the market system. We're going to see changes come out of Washington on health care and health care access. Do you think that for one minute the vendor will absorb the cost of this? He will...he or she will simply add the cost of an insurance policy that they could take out just for purposes of the bid, will add that cost to the bid, and who ends up paying for that health insurance? Not the owner of the business, but the taxpayers of the state who do business with that entity. I mean, this is a silly...when you really stop and think about it, a silly way to try and mandate anybody who wants to do business with the state to offer medical care for their employees. A noble objective. I don't quarrel with that objective. But it is not our business to tell an employer or a vendor wanting to do business with the state, what kind of benefits they must offer to their employees. And every time we do this, you simply reduce the number of vendors or bidders who will do business with the state. Obviously it will up the cost, and it is not good public policy. If you'd let the free-market system work just a little bit, you might be amazed at how much money we could be able to save in a year's time. I urge a 'no' vote."
"The question is, 'Shall House Bill 1108 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? Have all voted who wish? Clerk will take the record. On this Motion, there are 53 'ayes' and 58 'noes'. House Bill 1108, having failed to receive the Constitutional Majority, is hereby declared lost. House Bill 1202. House Bill 1460. Read the Bill, Mr. Clerk."
"House Bill 1460, a Bill for an Act amending the Civil Administrative Code of Illinois. Third Reading of 26 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day the Bill."
"Mr. Edley." April 23, 1993
"Thank you, Mr. Speaker, Ladies and Gentlemen of the General Assembly. (House Bill) 1460 is a Bill that was amended on Second Reading, covers the first part of it, the original Bill, provides that a...that program data contained in the Governor's annual budget be segregated by agency and include the specific program and fund information. That Bill is similar to a Bill that we passed out of here last year. In addition to that, we placed an Amendment on 1460 on Second Reading which would require IDOT to include in their budget proposal a line-item breakdown of where they're planning to expend money for road projects in the state. IDOT spends well over a billion dollars on highway projects that we don't have detailed information on many times when we vote on their budget, and I think that's inappropriate. Recently, they provided a breakout of a new...of a program...transportation spending, where IDOT is spending $1.4 million to plant wildflowers along our highways in the state. I don't think that those of us who vote on their budgets would find that a very reasonable use of our highway dollars, when we have potholes and bumpy roads throughout the state. So I would urge an 'aye' vote on this."
"Mr. Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. In all due respect to the Sponsor, I rise in opposition to the Bill. Let's be serious to each other for just a moment if we could. This kind of detail would make the budget book, covered under worker's comp, because if you picked it up, you're going to get a hernia. You're 27 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 gonna list every project in the State of Illinois on every highway, public transportation, local infrastructure project proposed; and additionally, you will have to say where the project is by city and street, the source of funding and the amount to be spent. Well, a lot of times the amount budgeted is not what's spent, so I don't know, we'll have to have a little further detail to the detail. I guess the Gentleman's after a clear, concise picture of where we're spending tax money, and that's a noble objective. That's a very noble objective, but you can get this information right now. All you have to do is to call the Department of Transportation and find out if they're pouring concrete in your district or asphalt in somebody else's district. You know, we're going to get to the point where maybe we should include ourselves in all these financial details. We're taxpayer employees. We're tax paid. Why don't we have to detail where we spend every cent of our paycheck. I want to know how many of you spend a dollar at Sam's or a dollar at Norb Andy's. I want to know if you're spending the night at the Mansion View, or the Ramada Renaissance. I mean, for crying out loud, how long are you going to persist in this kind of detail? The budget book would be SO thick and SO heavy and SO complicated, you couldn't even get through it. I have a great deal of respect for the Sponsor. This information is available if you do your job and go get it. I think...and again, in all due respect to the Sponsor, I think this kind of legislation is more harassment legislation due to some problem a Representative may be having with the department than good government. I dare say that none of us would take the time to read a budget detail that is broken out that says we're putting in a sidewalk and curb and storm 28 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 drain at 414 Oak Street in Great Creek, Illinois, and that's in my district, and as far as I know, we're not pouring it, but if we did, I don't think you'd care anyway. Vote 'no'."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed vote 'no'. Mr. Edley."
"Thank you, Mr. Speaker. I think all of us, when we go back to our districts, are faced with constituents and townships and counties that have roads that IDOT will not respond to, and yet they'll go out and waste tens of millions of dollars...here recently over $1.5 million to plant wildflowers. I mean, I realize we've got potholes, but putting wildflowers in 'em is not the way to fix 'em, so I think that we need to send IDOT a strong message that we want some oversight. An 'aye' vote. We should have a lot of green votes on this one."
"Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 57 'ayes' and 53 'noes'. House Bill 1460, having failed to receive the Constitutional Majority, is hereby declared lost. Civil Justice, Third Reading. House Bill 1347. Read the Bill, Mr. Clerk."
"House Bill 1347, a Bill for an Act to amend the Parental Responsibility Law. Third Reading of this Bill."
"Mr. Burke."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This is a Bill that I bring forward in defense of my community. It's drowning in a sea of graffiti. For those of you who come from rural communities, I'm certain you've heard of the expression of graffiti, but I don't know if you've ever had to live under it. You can't go ten feet in my district without seeing someone's property defaced by 29 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 this horrible nightmare. I am asking in this Bill that individuals who are out there damaging our property with graffiti who have parents, this Bill would subject the parents to the financial responsibility of repairing the damage. It's quite simple. It's not asking for any further penalties in terms of convicting 'em and putting 'em in jail. We, in fact, have a difficult time catching them, let alone forcing them to make the correction to the damage to the property, and I'm prepared to answer any questions you may have."
"Mr. Black."
"Thank you very much, Mr. Speaker. An inquiry of the Chair,"
"Yes."
"Is Amendment #3 on the Bill, and it's my understanding that, if it is, that becomes the Bill, correct?"
"Mr. Clerk."
"Only Amendment #1 is on the Bill."
"Amendment #1 is on the Bill. Amendment #2 and #3 have not been heard."
"All right. Would the Sponsor yield?"
"Yes."
"Representative, this...you're not revisiting the outlawing of spray paint to be sold at retail in this Bill, are you?"
"I beg your pardon, Representative. I can't hear you."
"I'm sorry. You're not revisiting the issue...there's nothing in your Bill that would outlaw the selling at retail of spray paint cans?"
"Certainly not."
"Okay. Could you just briefly try to explain to me why the Department of Children and Family Services feel this is 30 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 48th Legislative Day Burke: duplicative and unnecessary legislation?" "Representative, they certainly haven't visited me, and they certainly haven't elucidated their objection to this Bill. I have had absolutely no contact with that agency thus far."
"All right. Thank you very much for your patience, Representative."
"If it is duplicative, I'd like to know where it is in law that I can have this particular activity as a resource."
"To be real honest with you, I'd like to know the...the answer to the same question, and I don't have it here either. Thank you."
"Mr. Homer."
"Thank you. I rise to support the Gentleman's Bill."
"There's no one rising in opposition."
"Okay. Well, then we should all vote for it."
"The question is, 'Shall this Bill pass?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there is 110 'ayes' and 0 'nays'. House Bill 1347, having received the Constitutional Majority, is hereby declared passed. Returning to Elections and State Government, House Bill 1704, Mr. Hicks. Read the Bill."
"House Bill 1704, a Bill for an Act concerning public aid. Third Reading of the Bill."
"Representative Hicks."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. Yesterday, we put on Amendment #2, which provided for interest payments for invoices less than $50. That became the Bill. I'd be happy to answer any questions anyone may have about the Bill." 31 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993
"The question is, 'Shall House Bill 1704 pass?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 99 'ayes' and 14 'noes'. House Bill 1704, having received the Constitutional Majority, is hereby declared passed. Representative Brady. Mr. Brady, for what reason do you arise?"
"Mr. Speaker, I misvoted. Would you please record 'yes' for me?"
"We didn't understand what you said. I'm sorry."
"I wanted to be noted as a 'yes' vote on that last vote, please."
"All right. The Gentleman intended to vote 'yes' on House Bill 1704. Mr. Black."
"Thank you very much, Mr. Speaker. I was...I had the wrong Bill file, and I would like the reflect that I would have voted 'no' on 1704."
"All right. Thank you very much. House Bill 2416. Mr. Edley. Read the Bill. Out of the record. Energy and Environment, Third Reading. House Bill 44, Mr. Wennlund. Read the Bill."
"House Bill 44, a Bill for an Act amending the Solid Waste Planning and Recycling Act. Third Reading of the Bill."
"Representative Wennlund."
"Thank you very much, Mr. Speaker. What this Bill does is it asks the cities and villages of Illinois to inquire and research whether or not pay per fee volume based garbage hauling fees wouldn't be in the best interest of the people to-reduce the amount of solid waste generated. I ask for you approval." 32 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993
"Any discussion? Mr. Novak."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is exactly the same as House Bill 639 that was passed out last week, and it's also exactly the same as the Democratic Bill sponsored by Representative Currie that got to the Governor's desk last year; but, unfortunately, the Governor vetoed it. Since we have one Bill out already, I would advise everyone if they could vote 'present' on it."
"The question is, 'Shall this Bill... Representative Persico."
"Thank you, Mr. Speaker. I also would like to point out to the Body that House Bill 44 has been on Third Reading much longer than Representative Currie's Bill, which did pass out of the House last week; it just was not called, and that's the reason that...and we also agreed to let that Bill out on the basis that this one would be called as well, and I urge your 'aye' vote."
"The question is, 'Shall House Bill 44 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 101 'ayes' and 5 'noes'. House Bill 44, having received the Constitutional Majority, is hereby declared passed. House Bill 298, Mr. Novak. Read the Bill."
"House Bill 298, a Bill for an Act in relation to air pollution. Third Reading of the Bill."
"On House Bill 1347, Representative DeJaegher would have voted 'yes', and the record would so indicate. Mr. Novak."
"What?"
"Your microphone is on. We're on 298." 33 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993
"Yes, Mr. Speaker. I move to table Amendment #1 to House Bill 298."
"We're on Third Reading."
"I stand corrected, Mr. Speaker. With leave of the Body, I'd like to take it back to Second."
"Mr. Novak, you know we might not get to this Bill if we're going to put it back to Second Reading. It's up to you."
"Take it out of the record, Mr. Speaker, for a few minutes, please."
"All right. Take this Bill out of the record. Next Bill is House Bill 300, Mr. Novak. Read the Bill."
"House Bill 300, a Bill for an Act in relation to environmental protection. Third Reading of the Bill."
"Mr. Novak."
"Yes, Mr. Speaker and Ladies and Gentlemen of the House. As I indicated yesterday, House Bill 300 is exclusively designed for the entire rewrite of the Underground Storage...Underground Storage Tank Fund that the EPA currently administers. The coalition, made up of all the businesses and industry groups as well as the EPA and the Fire Marshal are continuing to meet to revise language to make the program more efficient, try to find better...a better funding source, and to pay all these outstanding bills to small business owners that are really seriously impacted by the requirements under the current Act. So I ask for your support to pass this Bill over to the Senate so we can keep the negotiations current."
"Representative Persico."
"Thank you, Mr. Speaker. I just want to let the Body...my colleagues on this side of the aisle know that I am in full agreement with Representative Novak, and we do 34 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 need to move this Bill along in the process. Thank you."
"The question is, 'Shall House Bill 300 pass?' All those in favor vote 'aye'; opposed vote 'no'. Representative Clayton. Mr. Black."
"Thank you very much, Mr. Speaker. To explain my vote. It's my understanding that there is no motor fuel tax increase in this Bill. This is not an agreed Bill, but it does address a topic that I think is driving every Member in this chamber crazy, and that's these leaking underground storage tanks, and we simply have to rewrite it, so it needs to go to the Senate."
"It looks like we have enough votes now, Mr. Black. Thank you. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there is 106 'ayes', 0 'nays'. House Bill 300, having received the Constitutional Majority, is hereby declared passed. House Bill 298. The Gentleman asks leave to return it to Second Reading. Is that correct, Mr. Novak? You want it on Second? Mr. Novak."
"...be returned to Second."
"Yes. Gentleman asks leave. Leave is granted. The Bill's on Second Reading. Representative Novak."
"Yes, Mr. Speaker. I move that we table Amendment #1."
"The question is, 'Shall Amendment #1 be tabled?' All in favor say 'aye'; opposed, 'no'. Mr. Novak."
"I stand corrected, Mr. Speaker. Table Amendment #2."
"The question is, 'Shall Amendment #2 be tabled?' All those in favor say 'aye': opposed, 'no'. The 'ayes' have it. Amendment #2 is tabled. Third Reading. Mr. Clerk, read the Bill."
"House Bill 298, a Bill for an Act in relation to air pollution. Third Reading of the Bill." 35 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 48th Legislative Day
"Mr. Novak."
"Yes, Mr. Speaker. Thank you very much. The intent of this legislation is to work out a compromise with the Department of Transportation with respect to public hearing notification due to the sedimentation and the sand problems on the north shore in the northern Cook County area dealing with property owners and sands and sedimentation. So that's the intent of this Bill, and we wish to get it over to the Senate so we can work out 'agreed to' language with the Department of Transportation."
"Mr. Black, on that Motion."
"An inquiry of the Chair, Mr. Speaker. This was a particularly onerous barge tax Bill, and Amendment #1. Would the Clerk check to make sure Amendment #1 has been removed from the Bill?"
"There are no Amendments on the Bill."
"No Amendments on the Bill. So will the Sponsor yield?"
"Yes."
"No Amendments on the Bill. It becomes a vehicle Bill. I think you related to what you intend to do with it, but I had trouble hearing you. What is your intent with this Novak: Bill?" "Representative Black, the intent of this Bill is to work out some agreed language with the Department of Transportation concerning public notice of sand removal dealing with the situation in Representative Schoenberg's district, and Representative Levin had a Bill in my committee, and it cont out of committee and we want to move the committee...the Bill forward and work out agreed language."
"Thank you very much."
"The question is, 'Shall House Bill 298 pass?' 36 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 All those in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 88 'ayes', 16 'noes'. House Bill 298, having received the Constitutional Majority, is hereby declared passed. Mr. McGuire, 350. Mr. Hoffman, 497. Read the Bill, Mr. Clerk."
"House Bill 497, a Bill for an Act to amend the Environmental Protection Act. Third Reading of the Bill."
"Mr. Hoffman."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 497 would require that the owner operator of a landfill who has a permit to operate such a landfill in Illinois but does not accept the waste for disposal for more than five or more consecutive years must obtain a new permit from the Illinois Environmental Protection Agency before the landfill can accept solid waste."
"The question is, 'Shall House Bill 497 pass?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there is 115 'ayes', 0 'nays'. House Bill 497, having received the Constitutional Majority, is hereby declared passed. House Bill 787. Read the... All right. Representative Davis intended to vote 'aye' on House Bill 497. Mr. McAfee, on 787. Read the Bill, Mr. Clerk."
"House Bill 787, a Bill for an Act amending the Environmental Protection Act. Third Reading of the Bill."
"Mr. McAfee."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 787 amends the Environmental Protection 37 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 Act basically to extend the moratorium on the issuance of permits for the construction of new hazardous waste incinerators until June 1st of 1995. This is a 18-month extension of the now in existence moratorium which was put in place two years ago and was signed by the Governor. I would like to point out to you that Illinois presently has five commercial hazardous waste incinerators and disposal facilities. It is, and I should point out to you that Illinois is a net importer of hazardous waste. We have enough capacity in the existing incinerators to deal with the disposal of hazardous waste for 20 more years. This is information that has been provided by the ΙΕΡΑ. I would also like to point out to you that when the Governor signed his Amendatory Veto two years ago, he requested that a study be performed. This Bill accomplishes that and includes in there a study to be performed and to determine alternative sources of disposal as to hazardous waste. This is not an MB Bill; this is for all of us. I urge your support."
"Representative Saviano."
"Thank you, Mr. Speaker. If the Sponsor will yield?"
"Yes."
"Dave, where is the West Central Municipal Conference on this Bill? Do you have any idea?"
"Representative, I would have to say that they are working on a county-wide plan. This does not...and I want to make this point very clear to all the Members in the Body, this does not deal with solid waste, this does not impact robins, this is a hazardous waste incinerator, SO the incinerator you're inquiring about Representative Saviano..."
"Thank you...thank you." 38 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
"Representative Black." April 23, 1993
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Yes."
"Representative, is there anything in this legislation that requires the Department of Energy and Natural Resources to conduct a study on the safety or reliability or feasibility of hazardous waste incineration?"
"Yes, in Section 2236, there is a call for the hazardous waste incineration study. This department, in cooperation with the Illinois Hazardous Waste Research Information Center, shall complete a study which evaluates the appropriateness, and I would interpret that as you've asked..."
"All right."
"...to incinerating hazardous waste at on-site and commercial facilities in both instances. So yes, I believe it's called for in the law."
"All right. Thank you very much, Representative. Mr. Speaker and Ladies and Gentlemen of the House. The only problem I have with these moratoriums is that it just simply will not let new technology be utilized or tested. My fear...where I live in the State of Illinois...the longer you have a moratorium on incinerators, the more likely you are to come down to my district and want us to accept your junk, your waste in our landfills or our abandoned coal mines. I just don't think we should be putting a moratorium on technology, so I intend to vote 'no'."
"Mr. Novak."
"Yes, Mr. Speaker. Will the Sponsor yield?"
"Yes." 39 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993
"Dave, now the Bill that we sent to the Governor's office, what, last year..."
"Two years ago."
"All right, had a...initially what, it had a five year extension?"
"That is correct."
"And the Governor's Amendatory Veto knocked that down to two?"
"Correct."
"Okay. Now, this Bill seeks to extend that...first of all, let me back up. When does the two year moratorium end?"
"It ends on December 31st, 1993. This is a year-and-a-half or an 18-month time extension to June 1st of '95."
"Okay. Why are we asking for another extension?"
"Because we requested, as the Governor pointed out in his Amendatory Veto, he requested that an alternate study be done. A request was made last year, and there was no reply. We are asking now for the study to be done and requiring 18 months and the study be reported to the General Assembly."
"So, essentially the reason...correct me if I'm wrong here. Essentially the reason why this Bill is being filed is because the agency does not have enough time to conduct this study, so we need to extend this moratorium; is that it?"
"The request for the extension in part is so that a study can be completed and provided to us for alternative means of disposal."
"Okay. Thank you very much."
"The question is, 'Shall this Bill pass?' All 40 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 those in favor vote 'aye'; opposed vote 'no'. Mr. Balanoff."
"That's all right. I think Representative McAfee said it all. I think it's a great idea."
"Representative Zickus."
"Yes. I just wanted to rise in support of this Bill. This is a continuation of legislation that I had introduced a few years ago in response to concerns of people in a community, a densely populated area, where a hazardous waste incinerator was proposed, and I think we need some more time to study this issue. Thank you."
"Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 95 'ayes', 17 'noes'. House Bill 787, having received the Constitutional Majority, is hereby declared passed. Revenue, Third Reading. House Bill 1542. Mr. Harke (sic-Clerk), read the Bill."
"House Bill 1542, a Bill for an Act amending the Service Occupation Tax Act. Third Reading of the Bill."
"Mr. Hartke."
"Thank you very much, Mr. Speaker and Members of the House. House Bill 1542 is a reaction to a problem that has been developing in the printing industry and it affects my area very... The legislation has an Amendment on it, Amendment #2, prepared by the Department of Revenue, which limits it to a specific area. The base of the problem deals with the mailing of direct mail in the State of Illinois. In my community, I have a small printer who prints materials for special order and they ship this material to a service person in DuPage County. When it arrives there, it is stuffed into envelopes and shipped out of state. Well, the Department of Revenue..." 41 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 48th Legislative Day
"The question is, 'Shall this Bill pass?' All those in favor vote 'aye'; opposed vote 'no'. Representative Currie."
"Thanks, Speaker... Thank you, Speaker and Members of the House. The problem is he's trying to help a very small company, but the effect of this exemption is to seriously decrease state revenues from all printers in the State of Illinois, not just the small company that he's been dealing with. And I appreciate the interest of Representative Hartke in helping them, but I'm reluctant to see us offer this kind of massive aid to others engaged in a similar business who are not just dealing with out-of-state clients, so I would urge caution and a 'present' or a 'no' vote on this measure."
"Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there is 101 'ayes', 11 'noes'. House Bill 1542, having received the Constitutional Majority, is hereby declared passed. Mr. Dart, 815. Read the Bill, Mr. Clerk. Now, the Bill's on Third Reading. The Gentleman requests to bring it back to Second Reading for purpose of an Amendment. The Bill is on Second Reading. Any Amendments?"
"Floor Amendment #1, offered by Representative Dart."
"Mr. Dart."
"Thank you, Mr. Speaker. This Amendment was drafted to try to make the Bill more acceptable to the Department of Energy and Natural Resources, and I move its adoption."
"The question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments?" 42 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993
"No further Amendments."
"You want to leave this on Second or Third? Third Reading. Mr. Steczo, 1315. Mr. Steczo here? Mr. Dart, would you handle this for Mr. Steczo? Read the Bill, Mr. Clerk."
"House Bill 1315, a Bill for an Act amending the Environmental Protection Act. Third Reading of the Bill."
"Mr. Dart."
"Thank you, Mr. Speaker. House Bill 1315 would extend a moratorium on hazardous waste incinerator facilities for a period of two-and-a-half years. There is no moratorium on the development or construction of non-hazardous waste incinerators now, and I move for the passage of this Bill."
"It appears like there is opposition to this Bill. Is that right? Yes. Mr. Steczo is not here, so let's take this out of the record. Oh, you are? Do you want to call this Bill? Yes. Put it back on the board. 1315. All right. Mr. Steczo has moved a 'do pass' on this Bill; and, on that Motion, Representative Persico."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Yes."
"Just want a quick question before speaking on the Bill. Is this Bill being introduced to stop the incinerator...construction of...in Robins, Illinois?"
"Representative Persico, if it was introduced to stop that project permanently, it would have been a complete ban on incinerators. Actually, the Bill is just designed so that those people planning this project in the communities that are seeking to utilize the facility can just sort of step back, take a breath and really consider exactly what they're doing, because the project is...has taken on a different meaning today than it was originally proposed a 43 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 couple years ago."
"Do you know of any other Bill or any other incinerator that's built in Cook County only?"
"I'm sorry. Repeat your question, please, Mr. Persico."
"Are there any other incinerators currently being built or considered being built in Cook County only?"
"I believe so. Yes."
"To the Bill, Mr. Speaker. Despite the Sponsor's intent, this Bill will also prevent any private businesses that incinerate only their own waste on-site from constructing any new waste incinerators in Cook County. For this reason, all major groups, all major business groups oppose this Bill. Doing this will not only drive businesses out of Cook County, it'll take away their jobs...as Clinton says, 'Jobs, jobs, jobs', and along with the property taxes that they pay to this county. If you think you are currently paying high property taxes in Cook County, think what this will do. This Bill will chase businesses out of Cook County, drive your taxes up even further. It's an anti-business vote, an anti-jobs vote, and an anti-education vote because they will be taking their property taxes with them, and I urge a 'no' vote."
"Representative Murphy." Murphy, H.: "Thank you, Mr. Speaker. Would the Sponsor yield?"
"Yes." Murphy, H.: "I would like for Members of this House to know that the Robbin incinerator is in my district. And I would further like them to know that the people of that district in Robbins support the incinerator. I would further like for them to know that all the elected officials in Robbins, even though they just had an election, and the Mayor who...the Mayor who's support in' this incinerator won with 44 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day 75% of the vote. April 23, 1993 However, those people and those people who opposed her also supported the incinerator. So I would just urge this Body to yield to the wishes of that community and those leaders in that community, from the religious leadership to the people door-to-door who represent that community as just plain citizens, and we are big brothers, we want to be, but let's let these communities run their own community. Let's let them decide what it is that they want in their community, for if we're gonna sit here and make those decisions, then we don't need a city council; we don't need anything in those communities; we might as well just sit here and do that. I would urge for you to vote 'no' on 1315. Thanks."
"Representative Saviano."
"Thank you, Mr. Speaker. Mr. Speaker and Members of the House, I currently sit on the executive board of the West Cook County Solid Waste Agency. We have been commissioned by the county board in Cook County to come up with a 20-year plan in handling solid waste in the western suburbs. The south suburbs are...the plan is being developed by the south suburban mayors and managers, and to our north is SWANC, the solid waste agency of North Cook County. Currently, we have all adopted plans and are tiptoeing through the plans to make sure that we reduce...we have waste reduction to its fullest and maximize our recycling goals. This Bill...I realize nobody's crazy about incineration, but I think it's a little too early to limit, to limit our options. We are giving waste reduction and recycling a big, big chance here, and I think that we are committed to making sure that we maximize those goals before we have to look to alternatives. But I think at this point in time, it is 45 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day much, much too early to limit our options. a 'no' vote. Thank you."
"Mr. Morrow." April 23, 1993
I would ask for Morrow: "Thank you, Mr. Speaker. Will the Gentleman yield?"
"Yes." Morrow:
"Representative, are you aware that the AG of this state, Roland Burris, went to court to get relief to ban the waste incinerator in Robbins, and that there was a court order given by Judge Everett Braden, which stated that the village of Robbins had adhered to all the EPA requirements and public hearings, notices and everything, and that they were in compliance, and that they should be allowed to build this waster incinerator? Are you aware of that?" "Mr. Morrow, I'm aware of that situation. However, has nothing to do with the Bill at hand." that
"Well you mean...how does...why does it not have anything to do with the Bill at hand?" Steczo: Morrow: to "The judge's decision was based on the original siting permit and siting hearings relating the incinerator. This Bill proposes a two-and-a-half year moratorium on issuing the permits for that incinerator, for any incinerator in Cook County; therefore, notwithstanding whether the siting hearings were appropriate as per the judge or the attorney general, this Bill has nothing to do with that particular facet of the process." I "Well, have to... I beg to disagree that this Bill has nothing to do with the Village of Robbins. Directly to the Bill. It's ironic that people who don't reside in the Village of Robbins are concerned about economic development in Robbins. When some of the people...some of the people who live outside of Robbins, would they allow the residents of the Village of Robbins to come into their community and 46 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 dictate to them what should go in their community and what shouldn't go in their community? No, you wouldn't want the Village of Robbins to dictate to you. So, I feel it's asinine that someone outside of the Village of Robbins is gonna dictate to the Village of Robbins when its been known, when its been known, that all of the elected officials and the Mayor put her...put her career on the line when she came out in favor of it, and they had an election Tuesday, and the people had a chance to say, 'No, we disagree with you Madam Mayor'. If they disagreed with the Mayor, they would have put her out of office, but what did they do? They gave her a 75% vote to say, 'Yes', we agree with you Madam Mayor. We're with you Madam Mayor'. I urge red votes on House Bill 1315. How... Who are we, as elected officials, to supersede a court order. The courts have ruled on this, and now we're gonna use the legislative process and tell a judge, 'Oh no, we don't care what you render, what judgment you rendered; we're still gonna oppose you'. So, I stand up in opposition to House Bill 1315, and I urge all of my colleagues to vote 'no' on the economic development Bill. Thank you."
"Mr. Granberg."
"Thank you, Mr. Speaker. Will the Gentleman yield? Representative Steczo, I'm concerned about the business entities that have agreements with the incinerator, what they would do with their waste. Representative Persico indicated that these private entities would have no place to go with the their refiise. Is there no agreement with these business groups, or what's going to happen?"
"Mr. Granberg, I was just made aware that that was a problem, and that is not the intention of this Bill. So any problems or concerns that the business industry might 47 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 have, we're more than willing to take care of in the way that satisifies them in the Senate."
"Mr. Steczo, to close."
"Thank you, Mr. Speaker, Members of the House. This Bill has nothing to do with court orders. This Bill has nothing to do with anything other than providing for a reasonable plan of action to get rid of solid waste in Cook County. Mr. Saviano, I think, indicated in his remarks that there was planning going on to try to take care of solid waste problems in Cook County. This is a facility that was built originally, or proposed originally, to be able to take care of and dispose of south suburban solid waste. What's happened over the last couple of years, is that all of a sudden, south suburban communities have said, 'We are not going to direct our waste to this facility'. The planners of the facility have then said, 'Well, we're gonna get our waste from someplace else whether you like it or not', so you will have...you will have a situation arise where a south and southwest suburban facility that was proposed to take care of south and southwest suburban garbage, will be taking care of Indiana garbage, Michigan garbage, Chicago garbage, DuPage County garbage; whatever, rather than for what it was originally imposed. The questions about jobs in itself is bogus because the whole incinerator question itself was not related to the question of jobs, it was related to the question of disposing solid waste. There has been very many questions in the south suburban area about the utilization of this facility. Therefore, what this Bill proposes is just to step back for two-and-a-half years, as we've done with other incinerator problems in other parts of the state, and say, 'Lets really think about what we're doing'. If those agencies feel after a 48 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 two-and-a-half year period of time that they're willing to go forward, they may do that under this Bill. But things have been moving so fast, so furious, without a lot of specific policy interjections, if you will, that we really need to take the time. That's all this Bill does, just delays the process for two-and-half years, as I said we have done with other facilities of this type, and I would ask for your 'yes' votes."
"The question is, 'Shall House Bill 1315 pass?' All in favor vote 'aye'; opposed vote 'no'. Mr. Novak."
"Yes, Mr. Speaker, I'd like to just explain my vote. Out of the highest respect and regard for the Sponsor of the Bill, I just wanted to appeal to downstate Republicans and Democrats on a reasonable basis. You know, I'm tired of seeing garbage trucks and refuse trucks come from the northeastern metropolitan area through my county, through my district and dumping garbage in the landfills down there, because they're running out of landfill space. The common sense approach is this: If the waste is generated in a metropolitan area and 'if', and I know a lot of people don't like incinerators (and 'if' an incinerator, and in this case the Village or Robbins welcomes the plan), if an incinerator has to be built, take care of the waste where it's generated. Don't send it anywhere else. That is the key. Vote 'no' on this Bill."
"Mr. Black, to explain his vote."
"I just simply echo what Representative Novak said, and don't be fooled by what's on the board. This is a ban on any non hazardous solid waste incinerator in the County of Cook, non hazardous solid waste. This flies in the face of Senate Bill 172 that many of you voted for. We said years ago, 'Local siting should prevail'. This Bill says, 'Well 49 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 only in some cases local siting shall prevail'. If some of us don't like what the locals did, then we'll come to the state and overrule their local siting. That's a bad precedent, and a 'no' vote is the right vote."
"Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 22 'ayes', 86 'noes'. House Bill 1315, having failed to receive the Constitutional Majority, is hereby declared lost. House Bill 1450. House Bill 950, Mr. DeJaegher. Read the Bill, Mr. Clerk. (House Bill) 950."
"House Bill 950, a Bill for an Act amending the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. Third Reading of the Bill."
"Out of the record. House Bill 1560. Read the Bill, Mr. Clerk."
"House Bill 1560, a Bill for an Act amending the Illinois Insurance Code. Third Reading of the Bill."
"Mr. Deering."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. What House Bill 1560 does is changes the way workmans' comp insurance rates, let me specify that, its insurance rates, on how they're charged to employers. Presently, they're charged by dollars per hour on payroll; this would take it to the hours of exposure, the actual hours that the person works. We feel that it'll will make it a level playing field, the perception is it'll be a level playing field, ending the disparity between upstate, downstate, and out of state contractors. It specifically applies only to the construction industry. It does not apply to the manufacturers; it does not apply to the retail merchants, only to the construction industry. In a time 50 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 when we're all talking about workmans' comp...I'm sorry, in a time we're talkin' about insurance reform, this a step in which...in the right direction. It's not gonna solve the whole problem, but I think it's a step in the direction we need to go to start changing some of the way our Illinois laws affect business. This does not affect benefits. It does not affect benefits, simply the way the rates are structured for our workman's comp. I would attempt to answer any questions of the Body."
"Mr. Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. To the Bill. In my opinion, this clearly violates the agreed Bill process on workers' compensation."
"Mr. Black, I know that it is not my policy to speak from the Chair, but before this Bill was called, I asked the Manufacturers Association if this was a work comp Bill or an insurance Bill. They said it's an insurance Bill. It does not violate work comp. I asked the Contractors Association if it was work comp or an insurance Bill, they said it's an insurance Bill; it does not violate our agreement. I said, if this violates the agreement it won't be called. They said it does not, and that's the only reason that I allowed this Bill to be called."
"Well, thank you very much, Mr. Speaker. It's awfully hard to present a case after the Chair has editorialized against a position, but be that as it may, let me continue if I might. It's... Let's just take a look at this situation then on the merits. Studies of the basis for workers comp premium costs have consistently rejected adoption of hours worked as an alternative base, while total payroll has been validated as a fair and effective system. Now, I agree with the Sponsor. We need workers 51 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 compensation reform in this state. We need it desperately. We are not competitive with our neighboring states. However, let me remind you that in the state of Oregon, the Governor's task force on premium equity upheld the use of total payroll as the determining factor, rejected hours worked. Legislation to adopt hours worked has failed to be enacted in every state that has considered this issue in recent history. There is only one state in the country that uses this method, and that is the Washington state, and that is a state monopoly fund. However, I call to your attention, that the head of that fund in the State of Washington is now criticizing the hours worked system, and has called for the State of Washington to go back to premium based on payroll system. I think this is far reaching legislation. There is no question that workers comp needs to be reformed, but we need to do it in whole, in to to, not in part, not on an insurance basis, not on any other basis. We need to reform the entire system. I don't think this Bill does that; and, in fact, we would be only the the second state in the country to adopt an hours-worked basis. And I think it's legislation that impacts only a small portion of the work force in this state, and that's why I stand in opposition, Mr. Chairman...Mr. Speaker."
"Representative Parke."
"Thank you, Mr. Speaker. Let me put this in a little bit of perspective, so that everybody can try and understand. It's my understanding that there are about 4,000 categories to determine rates for workers' comp. This is gonna affect about 60. In those 60, in that narrow band that this legislation wants to affect, what is gonna...an Oregon study showed that...demonstrated that low wage payers would 52 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 see premiums jump by 100%, because the amount of money paid out still's gotta be paid out within that range; it's still gotta be paid. So what it is, is that the low wage payers are gonna be shifted to them. That means those people that are in the certain areas would be paying higher amounts, as much as 100% higher, while the high wage payers will see a decrease of only 5%. So, people in that narrow band are what we talkin' about with this plan. It's a beginning that is not done anywhere else in the United States, and it's gonna shift it from one group down to another group, and that down-group is gonna be the low wage payers. This is not a good idea. This is not a partisan issue. It is just not a good idea. We should leave the system the way it works. It is a good system. It's done everywhere else in the United States except for one state, who wishes they could get rid of it. This is gonna be a bad precedent. This is not good for business, and almost the exclusive business community is opposed to this, except for one small segment of the community. I don't think that we should be doing it. Let's not mess around this. I think this is a bad idea and should be defeated."
"Representative Leitch."
"Thank you, Mr. Speaker. I think, too, for whatever reason, that it's not in the Agreed Bill List, it certainly should be revisited and put there. There is probably no more radical change being proposed this year on the floor of this House than an this change now before us. It's a change that would, among other things, make the system much less experience-driven, as far as its insurance rates are concerned. There are modification factors in the present system that directly relate, directly relate safety and...and the experience factor of a given construction 53 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 business with its worker comp rates, and this is a very, very bad thing to just discard this without having the faintest idea of what is going to occur under a recalculation and imposition of a whole new system in the worker comp area. This... As a result of that uncertainty, it is bound to be much more expensive for many, many people. It will help very few people and shift down to some local contractors, many of whom are downstate, it will make their rates go much higher. This I would implore you is a Bill that ought to have a lot more study before we become one...only the second state in Illinois to reject a system that is already working and is already serving the people of our state. Thank you."
"Mr... Yes, who's hollering? Mr. Parke."
"Yes, Mr. Speaker, if this gets the required number of votes, I'd like a verification of the roll call, please."
"All right. Representative Giorgi."
"Mr. Speaker, I've been notified that this Bill has been agreed to by the construction...the construction employers and the construction employees. This is an agreed Bill. And that's the only people in the construction industry this Bill affects, are the construction employers and the construction employees. This is a must Bill for labor."
"The question is, 'Shall House Bill 1560 pass?' All in favor vote 'aye'; opposed vote 'no'. Mr. Granberg."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Let me...let me tell you what this Bill does. It says if an employer who grants a wage increase, if an employer grants a wage increase to his employees, he would not be penalized by an increase in his workmans'comp. That's what it says. This is a pro-employer Bill. The employer wants it; the employees want it. Isn't that we're 54 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 about? This is an agreed Bill by these people who are impacted. This helps employers, and it helps the employees. This is a no lose situation, and I would urge more 'aye' votes."
"Mr. Saltsman."
"Thank you, Mr. Speaker. The reason organized labor is for this Bill is the fact that we go back to the prevailing wage or whatever your contractors association has with a wage agreement within the counties that we all live and what agreements they got between labor and management, and the reason labor and management are both for this in the construction trade, especially the ones that pay the prevailing wage, is because they're paying a higher rate just because of the wage scales. You could come in the State of Illinois with a group out of Iowa and pay 'em $9.00 an hour where your men are making $14.00 an hour, and even work more hours and still pay less rate for workers' comp insurance, and this is why both management and labor are for this Bill. It's very simple. Your contractors back home will love ya' for this."
"Representative Meyer."
"Thank you, Mr. Speaker. I'd just like to explain my vote. For those of you who are in the insurance industry or have been in a business that has paid workers' comp rates, I think it's important for you to realize that the premium that you've been paying is based on the experience of that classification. What you're doing by passing this Bill, is you're taking at least ten years of experience that's generated a justifiable rate for that classification and you're doing away with it, you're throwing it out the window. You're going back to ground one or ground zero to set that rate again. I think that it's drastically gonna 55 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 affect the workers' comp rates in this state, and I'd urge a 'no' vote on it. Thank you."
"Representative Balthis."
"Thank you, Mr. Speaker. Although I believe wholeheartedly that workmans' comp in Illinois is outrageous, the National Association of Insurance Commissioners estimates that the cost of collecting hours-worked data would be an extraordinary expense, as much as 7% of all premium collected. If anybody in this Body believes that an insurance company is going to write workmans' comp and not at least break even on it, they're fooling themselves. This Bill is not even gonna accomplish anything in lowering rates until we overhaul the system."
"Representative Giglio."
"Thank you, Mr. Speaker. I just want to rise in support of this, and what some of the comments are. We're getting a little mixed, mixed views here. What this does, it does help the little guy. It does bring the rates by the number of hours; and, yes, it's gonna give an opportunity for those who haven't to have a rate, and it's gonna be very competitive; it's gonna open it up. And it's like somebody said, we need competitive business..."
"Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 60 'ayes' and 49 'noes' and on that, Representative Parke asked for a verification. Mr. Clerk, Poll of the Affirmative."
"Poll of those voting in the affirmative. Representatives Balanoff. Blagojevich. Brunsvold. Burke. Capparelli. Curran. Currie. Dart. Davis. Deering. DeJaegher. Dunn. Edley. Erwin. Flinn. Flowers. Frias. Gash. Giglio. Giolitto. Giorgi. Granberg. Hannig. 56 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day Hartke. Hawkins. Hicks. Hoffman. Homer. Jones, Shirley. Kaszak. Kotlarz. Lang. Laurino. Levin."
"Representative Flowers would like to be verified. Mr. Parke, she's right here, and the same way with Mr. Burke. Okay, proceed."
"Lopez. Martinez. Mautino. Mautino. McAfee. McGuire. McPike. Moseley. Murphy, H. Novak. Ostenburg. Phelan. Phelps. Prussing. Ronen. Rotello. Saltsman. Santiago. Schakowsky. Schoenberg. Sheehy. Steczo. Stroger. Turner. von Bergen-Wessels. Woolard and Mr.
Speaker. Speaker McPike: "Representative Moore." Moore, E.: "Yes, I'd like to change my vote to 'aye', Mr. Speaker."
"Yes. Representative Moore votes 'aye', and Mr. Pugh changes from 'no' to 'aye'. All right, Mr. Parke, proceed."
"Thank you, Mr. Speaker. Representative Homer?"
"I'm sorry."
"Representative Tom Homer?"
"Mr. Homer? He's here."
"Oh, I see. He's at the top of the aisle."
"Representative Younge, Wyvetter Younge, changes from 'no' to 'aye'. Proceed."
"I have no further questions."
"Thank you. On this Motion, there are 63 'ayes' and 47 'noes'. House Bill 1560, having received the Constitutional Majority, is hereby declared passed. House Bill 165, Mr. Balanoff. Balanoff. Out of the record. (House Bill) 169, Mr. Lang. Mr. Hicks, 208. Read the Bill Mr... Read the Bill."
"House Bill 208, a Bill for an Act amending the Real 57 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 Estate License Act of 1983. Third Reading of the Bill."
"Mr. Hicks."
"Thank you, Mr. Speaker. This simply makes a technical change in the Commercial Real Estate Brokers Lien Act. It was very technical in nature; there was no substantive change to the Bill. I'd be happy to answer any questions."
"Mr. Hicks. The question is, 'Shall this Bill pass?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there is 105 'ayes' and 0 'nays'. House Bill 208, having received the Constitutional Majority, is hereby declared passed. Mr. Rotello."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'd like the record to reflect that I should have been a 'yes' vote on House Bill 2079, please."
"And Representative Lou Jones intended to vote 'aye' on House Bill 208. Representative Wojcik intended to vote 'aye' on House Bill 208. Mr. Skinner wanted to vote 'aye', and Mr. Balanoff wanted to vote 'aye', and Mr. Pugh wanted to vote 'aye'. Representative Giolitto wanted to vote 'aye'. Representative Levin wanted to vote 'aye' on House Bill 208, and the record will SO reflect. (House Bill) 295, Mr. Woolard. Read the Bill."
"House Bill 295, a Bill for an Act amending the Wildlife Code. Third Reading of the Bill."
"Mr. Woolard."
"Thank you, Mr. Speaker. Very simple, just a name change in one of the check-off funds for the income tax. I would appreciate an 'aye' vote."
"Mr. Black."
"Yes, thank you very much, Mr. Speaker. I have an inquiry of the Chair, if I might?" 58 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
"Yes." April 23, 1993
"You were doing a great job of going down the Calendar a little while ago, we were working."
"I am. I'm on State and Local Government. I Black: started at the beginning, 165, 169, 208; now I'm on 295." "Okay. But when you jump around, could you at least tell us what Order you're going to?"
"Yes. I apologize."
"All right. Thank you."
"The question is, 'Shall House Bill 295 pass?' All those in favor vote 'aye; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 112 'ayes' and 0 'nays'. House Bill 295, having received the Constitutional Majority, is hereby declared passed. House Bill 318, Mr. Balanoff. Read the Bill, Mr. Clerk."
"House Bill 318, a Bill for an Act in relation to Elvis Presley license plates. Mr. Balanoff." Balanoff: Third Reading of the Bill. "Yes. What this would do, would be to establish a commemorative license plate...a speciality license plate to raise money for drug and alcohol treatment and prevention programs in the State of Illinois. The State of Florida, through the issuing of speciality license plates, has generated $160 million in the last six years without raising taxes."
"Does anyone rise in opposition to this Bill? All those in The question is, 'Shall House Bill 318 pass?' favor vote 'aye'; opposed vote 'no'. Representative Schoenberg, do you wish to talk?"
"I just had a question of the Sponsor. I know that the estate of the individual who would be on the license 59 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 plates has been doing quite well, I was wondering if you could just nod your head yes or no as to whether the state would have to pay the estate of the late entertainer in order..."
"Mr. Balanoff, to answer the question."
"We've talked to Graceland, and they said it would probably be a $25 fee."
"Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion there are 92 'ayes and 13 'noes'. House Bill 318, having received the Constitutional Majority, is hereby declared passed. House Bill 471, Representative Currie. Miss Currie. Representative Turner, 694. Mr. Turner. Representative Black, 701? Read the Bill, Mr. Clerk."
"House Bill 701, a Bill for an Act amending the School Code. Third Reading of the Bill."
"Mr. Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 701 addresses a situation in my district between a unit district and a non unit district, who are trying to work out a tutition agreement, SO that Potomac High School may tutition its students to the non unit district. I ask your favorable consideration of House Bill 701."
"The question is, 'Shall House Bill 701 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 116 'ayes, no 'nays'. House Bill 701, having received the Constitutional Majority, is hereby declared passed. House Bill 724, Miss Currie. Read the Bill, Mr. Clerk."
"House Bill 724, a Bill for an Act amending the Code 60 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day of Civil Procedure.
Currie: April 23, 1993 Third Reading of the Bill." "Miss Currie." of "Thank you, Speaker and Members of the House. This is a measure that would codify the current requirements that people who are very poor are able to file in our courts law in a form of pauperous fashion. That is already current Supreme Court rule, but there is not uniformity across the state in how that determination is made, and this as I say, is a measure that would codify what the actual requirements are under the Supreme Court rules. I would be happy to answer your questions. Thank you."
"The question is, 'Shall House Bill 724 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there is 114 'ayes' and 1 'no'. House Bill 724, having received the Majority, is hereby declared passed. Read the Bill, Mr. Clerk."
Constitutional Mr. Hoffman, 749. "House Bill 749, a Bill for an Act amending the Illinois Horse Racing Act of 1975. Third Reading of the Bill."
"Mr. Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 749 is a very simple Bill and only applies to the Fairmont Race Track in...which is in my district. It would mandate certain live racing dates for the Fairmont Race Track, a 125 thoroughbred dates and 105 standard hred. I ask for an 'aye' vote."
"Representative Kubik."
"A question of the the Sponsor."
"Yes."
"Representative, a couple of questions. First of all, why 61 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 48th Legislative Day are we mandating racing dates for Fairmont Park?"
"There's been a couple of problems, and I think that the problems that individuals in the northern part of the state, as far as horse racing, is not really the same as what's happening in my part of the state. What is happening at Fairmont Park, is that it's really becoming, in my opinion, I'm concerned of it becoming a glorified off-track betting parlor, and I think that in the southern part of the state, the horsemen want it, the workers want it, and we think this is in a reasonable amount of time, and still allow the type of inter-tracking that goes on."
"If that's the case, why would not Fairmont Park race more dates on its own?"
"I don't run the management of Fairmont Park."
"Since there... Recently, there was a riverboat put in the area near Fairmont Park. How has this affected the attendance at Fairmont?"
"Excuse me, I..."
"I said recently there was a riverboat that was located near the park. How has it affected the attendance at Fairmont?"
"Well, I think that...I would say probably negatively. However, I think that you need to look at number one, what has happened since the time that the riverboat went in, where live racing has gone from 170 some odd days of thoroughbred racing per year down to 117 this year. While next year they're looking at inter tracking 600 programs, 600 programs. So they're not racing live and doing what we believe the Horse Racing Act was meant to do, and that is live racing of Illinois horses by Illinois horse owners. The HBPA is for this. The standard bred organizations are for this. The breeders are for this. The Chicago tracks, 62 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 my understanding, are neutral on this subject, and all it does is affect the situation downstate, the one...which is the one...the one racing establishment south of Springfield, because I believe that there are different...there are different concerns downstate than there are where there are a multitude of tracks in the north."
"The racing board traditionally regulates this industry. In your opinion, is this the correct thing to do, to interfere with the operation of the business by mandating dates that the racing board is responsible for?"
"Representative, that's a good question, and I think that this Bill addresses that...that deal. Because what this Bill says is the racing board if there's an agreement and some unforeseen circumstances occurs, Fairmont Park and the local horsemen's association that is racing at that time, can come to an agreement and ask the racing board to reduce these dates. So, they're not necessarily set in stone. So the racing board is not losing its jurisdiction under this situation. They can still come and reduce the number of dates."
"Well, if it's such a good idea, let me ask ya' is the racing board supporting the Bill?"
"Nobody has contacted me from the racing board."
"Well, my understanding is that the racing board... I don't understand that the racing board is supporting your Bill. So, Mr. Speaker, I..."
"Either way, I'm not saying they are. No, I'm not saying they are."
"Mr. Speaker, to the Bill. I recognize the Gentleman has a difficulty in his area. I think...I think what he's gonna do is actually going to hurt Fairmont Park more by 63 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 mandating certain days of racing. The track will become less profitable and very likely go out of business. So, while I recognize the Gentleman has a concern, I think that this is the wrong way to address it, and I don't think we ought to be mandating racing days in the Legislature. I think that should be done by the Racing Board, and I would oppose this legislation."
"Representative Stephens."
"Well, thank you, Mr. Speaker, and although I appreciate the Gentleman on this side of the aisle's remarks, and his concern about the economic outlook for Fairmont Race Track; that's something that we're all concerned about. But, Representative, I might remind you that not only are race tracks involved in the racing industry, but people who raise horses and all the associated industries, the workers, the people who actually put their livelihood on the line for their families, are also very concerned about live racing at Fairmont Track. Representative Hoffman has done the right thing. It would be nice if the Racing Board would mandate the proper amount of days so that people who raise horses and people who work in the industry could afford to participate, but they don't. And what the Gentleman is trying to do is right. It's an important industry in our part of the state, and I rise in support of the Gentleman's Bill, and I hope that an appropriate number of people on this side of the aisle will respect my wishes that this Bill be passed, and help us get this Bill out of here. So, I urge a 'yes' vote."
"The question is, 'Shall this Bill pass?' All those in favor vote 'aye'; opposed vote 'no'. Mr. Parke."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would have preferred to ask the Sponsor just a 64 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 question, but I thought it was not our responsibility to set racing dates, I thought that was the Racing Board's responsibility to set racing dates. I don't know why we feel we have to do this, but I'll remind everybody that if they get certain dates, that means the other tracks in your districts may not get those dates, or you may not get as many because he's getting that. Remember this is a turf battle it sounds like to me, and they're trying to say, 'Hey I want to do this for my area'. Well, I want certain things in my area, and the people that work in my district, and the people that work in the surrounding areas that have economic advantages by having a solid race track. I don't think an individual Legislator should be doing this. I think this Body should reject this initiative. Let the Racing Board do it. Let the people decide who are involved in the industry to negotiate and work it out. We should not legislate this."
"Have all voted? Representative Woolard."
"Yes, Mr. Speaker. As Chairman of th the Agriculture Committee in this Body, I think it's only fitting that we bring up one other side of this issue. This positively is pro-agri business, and we have a responsibility to do everything that we possibly can to assist probably the major employer in this state. And I believe that the agri-business is a very vital part of our industry, and we should be doing everything that we can to ensure that those people who are involved in the horse racing business, whether it's training, riding or just the farm in which those horses reside, have the opportunity to have adequate dates to accomplish those goals."
"Representative Weaver."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the 65 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 House. We talk in here day after day after day about creating jobs. I think if you'll sometime come downstate and visit, you'll see just how many jobs horse racing provides. Not only in terms of the breeders and the racers themselves, the trainers, but those people who raise feed for the horses. It is one heck of a big industry, and it means an awful lot of jobs downstate. Please vote green."
"Mr. Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. To explain my vote. I agree with the Sponsor of this Bill. Its very important to his district, and it's a very important issue. I just would remind all Members in this chamber, one of the darkest chapters in Illinois history came about when the Legislature started to meddle in the horse racing industry, and the horse racing board. Be very, very careful of these kinds of votes. I would be willing to work with the Sponsor on this Bill and to set down with the Racing Board and try to obtain some relief. But until all of those issues, or all of those efforts have been exhausted, I don't think this Body should be in a position of trying to dictate horse racing dates, locations, or anything else. Some years ago, the Legislature learned the hard way that they oughta keep their nose out of the horse racing business."
"Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 65 'ayes' and 47 'noes'. House Bill 749... You didn't ask for a verification. I wasn't paying attention. Did you ask for a verification, Mr. Parke? On this Motion, there are 64 'ayes', 47 'noes'. House Bill 749, having received the Constitutional Majority, is hereby declared passed. Representative Lou Jones." 66 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day Jones, L.: "Thank you, April 23, 1993 Mr. Speaker. I'd like to be recorded 'aye' on House Bill 1560."
"And the record will SO request or desire. Clerk." House Bill 786. reflect the Lady's Read the Bill, Mr.
"House Bill 786, a Bill for an Act amending the Illinois Governmental Ethics Act. Third Reading of the Bill."
"Mr. Granberg."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 786, as amended, contains the ethics legislation sponsored by Speaker Madigan last evening. We debated this issue at length. It has bipartisan support, and I would move for its passage."
"The question is, 'Shall House Bill 786 pass?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. Representative Lou Jones, did you want to speak on this?" Jones, L.: "No."
"On this Motion, there are 116 'ayes' and 0 'nays'. House Bill1 786, having received the Constitutional Majority, is hereby declared passed. Representative, Lou Jones." Jones, L.: of "Thank you, Mr. Speaker. I would just... A point information for the freshmen male Legislators. There is a men's bathroom in the left hand corner of the chamber. They do not have to go down to the second floor."
"Representative Brunsvold."
"Thank you, Mr. Speaker. I'd just like the Body to know that right behind me is Appellate Judge Breslin, who used to serve as Representative in this House and as my 67 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 seatmate. I'd like everybody to meet Peg Breslin. She's doing a great job as a judge. Welcome back, Peg."
"Representative Eugene Moore."
"Mr. Speaker, I'd like to be reported as voting 'aye' on House Bill 749, please."
"The Gentleman would have voted 'aye' on House Bill 749. The record will so reflect. House Bill 909. Read the Bill, Mr. Clerk."
"House Bill 909, a Bill for an Act concerning ambulance services. Third Reading of the Bill."
"Mr. Johnson." Johnson, Tom: "Yes, Mr. Speaker and Members of the House. This Bill, 909, merely increases the current limitations of population in municipalities and in counties as it relates really to municipalities bordering Kane County and DuPage County and it's specifically St. Charles, Geneva, and Batavia, so that the muncipalities can continue, if they wish, to levy their tax to contract for ambulance services. In essence, the municipality ..."
"Does anyone rise in opposition to this Bill? The question is, 'Shall House Bill 909 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 90 'ayes' and 16 'noes'. House Bill 909, having received the Constitutional Majority, is hereby declared passed. House Bill 1055, Mr. Phelps. Mr. Phelps, David Phelps? Out. Mr. Hartke, 1118? Hartke. Read the Bill, Mr. Clerk."
"House Bill 1118, a Bill for an Act concerning infrastructure expansion. Third Reading of the Bill."
"Mr. Hartke." 68 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
April 23, 1993 "Thank you very much, Mr. Speaker, Members of the House. (House Bill) 1118 is a shell Bill, and I have discussed with Mr. Churchill. Representative Steczo's been working on negotiating with the realtors and the home builders and the school districts, park districts and so forth, working on impact fees. And we've not reached a conclusion in the negotiations yet, but we hope to, and would appreciate very much if this Bill would pass over to the Senate to be used for a vehicle for those impact fee...legislation. If there is not agreement, this Bill will not move in the Senate."
"Mr. Novak. I'm sorry, Mr. Black."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Just to reiterate what the Sponsor said and to make sure the Members on my side of the aisle understand this. This is now an agreed Bill and negotiations will continue. I urge my colleagues on my side of the aisle to join with the Sponsor, and vote 'aye' and send it to the Senate."
"The question is, 'Shall House Bill 1118 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there is lll 'ayes' and 1 'no'. House Bill 1118, having received the Constitutional Majority, is hereby declared passed. House Bill 1319, Miss Currie. Read the Bill, Mr. Clerk."
"House Bill 1319, a Bill for an Act amending the Bill of Rights for Victims and Witnesses of Violent Crime Act. Third Reading of the Bill."
"Miss Currie."
"Thank you, Speaker and Members of the House. This is a measure intended to implement the Constitutional Amendment the voters approved last fall that gives us in our Bill Of 69 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 Rights a Crime Victims Bill of Rights. The measure before you would essentially make changes to what's our current statute in respect to victim's rights, and the measure has been worked on with the Illinois Coalition Against Sexual Assault, as well as the state's attorneys. When we discussed the Amendment yesterday, we agreed that there is one question still remaining with respect to the Department of Corrections, and it's my commitment that in the Senate this Bill will resolve their concern. I'd be happy to answer any questions."
"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there is 115 'ayes' and 0 'nays'. House Bill 1319, having received the Constitutional Majority, is hereby declared passed. House Bill 1631, Mr. Dart. Read the Bill, Mr. Clerk."
"House Bill 1631, a Bill for an Act amending the Registered Titles Act. Third Reading of the Bill."
"Mr. Dart."
"Thank you, Mr. Speaker and Members of the House. This is a shell Bill that I was asked to carry for Jesse White, the Recorder of Deeds. They are presently trying to work out language dealing with the Torrens system, which they are trying to abolish right now, and this Bill will be used to help implement that. I move for passage."
"The question is, Shall this Bill pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 71 'ayes' and 42 'noes'. House Bill 1631, having received the Constitutional Majority, is hereby declared passed. And 70 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 48th Legislative Day for Mr. Dart, also, return to Energy Environment is House Bill 1450. Mr. Clerk, read the Bill."
"House Bill 1450, a Bill for an Act amending the Solid Waste Planning and Recycling Act. Third Reading of the Bill."
"Mr. Dart."
"Thank you, Mr. Speaker, Members of the Assembly. This Bill is a very, very important measure to come before me now. In a time when we have a great deal of financial crisis and budgetary concerns, this Bill is financial responsibility. What this Bill says is that the State of Illinois will not subsidize, will not pay for people to come into our state and build incinerators. We are in no way saying 'no incinerators, ban incinerators'. All we're saying is that we the taxpayers should not be the one's paying for it. This Bill is simple and straight-forward, and it's saying that the rate subsidy which we are presently gonna be paying, which could add up to billions of dollars, we should not be doing. I'd move for the passage of this Bill."
"Mr. Persico."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the General Assembly. I rise in support of the... House Bill 1450, and I want to point out the reasons why. First of all, this is not anti-Robbins issue, nor is it an anti-African-American Bill. As you know, I strongly oppose House Bill 1315, which would have removed the City of Robbins' right to locate an incinerator in their town. This Bill deals with a different issue. Local control is one thing, and I support that. Subsidizing local waste incinerators with taxpayers money is a far different matter. I happen to feel that it's ludicrous for the state 71 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 to subsidize waste incinerators, when the state has limited general revenue funds for other important matters, such as Department of Children and Family Services and Education. The Village of Robbins estimates that the current law, which this Bill would repeal, will provide Robbins with a state subsidy of $7.5 million a year from the General Revenue Fund. That's $7.5 million that can go to other important matters like education and mental health. This Bill is not a black versus white issue, it's an environmental question, and I don't happen to feel that the state should be subsidizing to burn garbage when we have more important matters to discuss and to fund. I urge a 'no' vote from all my colleagues on both sides of the aisle."
"Mr. Balanoff."
"I mean an 'aye' vote. I'm for it."
"Mr. Morrow."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise to oppose House Bill 1450. And I agree this might not be anti-Robbins and it might not be anti-Black, African-American. But when they say that you don't want to subsidize a public utility, I have to remind the Members of the General Assembly about two years ago, we passed a $35 million Bill to subsidize coal at Illinois Power, coalscrubbers. We gave them a $35 million subsidy for Illinois Power. So, we have passed Bills to subsidize public utilities; remember that. In fact, this year, we also passed another $35 million subsidy for the same public utility, to allow them to use Illinois coal. We subsidize a lot of things in this state. So, to oppose the Bill just to say 'cause you don't want to subsidize, I think is asinine. We subsidize farmers, we subsidize schools, we 72 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day subsidize almost everything in this April 23, 1993 state. Subsidy is what? Givin' 'em backing. We back a lot of issues in this state. This is one issue, though, that we don't need to back. I urge red votes on House Bill 1450."
"Representative Salvi."
"Thank you, Mr. Speaker. You know, yesterday, the argument was made (and it was a good argument), that hydro-electric power may be a good thing, but let's not subsidize it. Well, incinerators may be a bad thing, and yet we're subsidizing it. I strongly recommend that we vote 'yes' on this Bill."
"Representative Steczo." "Thank you, Mr. Speaker and Members of the House. I, too, rise in support of House Bill 1450, and I think we all need to understand what the situation is here. We are saying, in current statute, that we are going to subsidize one method of waste disposal in the State of Illinois. We don't subsidize landfills. We don't subsidize recycling, although we should. We don't subsidize source reduction. We don't subsidize any of those other methods; however, this subsidy which some people have said is a...is a good alternative, somehow gets a subsidy. To some of us, we feel that's it's important if this method is going to be used, that it competes on a level playing field with everybody else. All this Bill is intended to do is to have everybody compete on that level playing field. Keep in mind, too, that the suggestion has been made in remarks before its been said that the purpose of these facilities are to take care of and to dispose of Illinois solid waste problems. Imagine the State of Illinois subsidizing a facility that's going to burn garbage from Indiana and from Michigan. It makes absolutely no sense at all. This Bill 73 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 is definitely timely. It will save the taxpayers literally millions of dollars and should be supported by everybody on this House floor."
"Mr. Novak."
"Yes, Mr. Speaker. As we discussed in the previous Bill..."
"Give the Gentleman some attention."
"Please."
"Please."
"I want to call the attention to the Members here, and as Representative Morrow, indicated, you know we subsidize a lot of things in this state. Two years ago, we passed a major ethanol Bill that provides a subsidy for the corn growers. Every farmer in this state that grows corn, that's eventually turned into ethanol, the manufacturers receive a subsidy. We have subsidies from everything from A to Z. We have a tax...sales tax subsidy for farm equipment. We have subsidies, for every...one of the..just about every manufacturing process in the state. Unfortunately, this is another attempt...this is another attempt, Ladies and Gentlemen, to dilute the process that happening in Robbins; and I once again, let me reiterate, downstate Legislators are sick and tired of seeing garbage and refuse trucks coming from major metropolitan areas of the state coming down our way and going into our landfills. We know how difficult it is to site a landfill in any community in the State of Illinois. It's much, much more difficult to site a landfill in a more populated area. The wide open spaces of Vermilion County, the wide open spaces of Coles County, the wide open spaces of McDonough County, the wide open spaces of Saline County are ripe, are ripe, Ladies and Gentlemen, for incinerators. So, as I indicated 74 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 before, the only way to get rid of trash and if it has to be incinerated, is get rid of it where it's generated. This is another attempt to water down the process that occurring in Robbins. Now, I forgot to mention in the debate of the other Bill, that the judge recently signed an order and Attorney General Burris signed off on the incinerator, for constant monitoring by the EPA on the Robbins incinerator. All these assurances have been provided. Please, I implore, especially downstate Democrats and Republicans, again, get rid of the trash where it's generated. Don't send it downstate Illinois. Vote against this Bill."
"Representative Murphy." Murphy, H.: "Yes, Mr. Speaker. Would the Sponsor yield? I, again, rise in opposition to House Bill 1415. To me, it's just a backdoor Bill. If we passed 1310 a moment ago, this is saying, 'Fine the Bill has passed, but there is no money'. All over this state for years and years we've always had to subsidize things that we need. My garbage incinerators is an important issue in the State of Illinois, and we will not be able to do that unless we have subsidy. Like many other places, places downstate Illinois, the farmers, for education, every Bill in the State of Illinois that's important has to be subsidized, and I just see this as being another way of trying to defeat the Robbins incinerator, since it's passed already, to come back and say, 'Well, it's passed, but we're aren't give you any money'. So, I would urge a red vote of 'no', please. Thank you."
"The question is, 'Shall House Bill 1450 pass?' All in favor vote 'aye'; opposed vote 'no'. Mr. Balthis."
"Thank you, Mr. Speaker. I guess at some point in time, 75 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 we all become parochial for our areas. Coming from the south suburban area, I think it's time that we got a little bit of the money from the state to come back home, and I think everybody ought to vote 'no' on this Bill."
"Mr. Dart."
"Thank you, Mr. Speaker. Just to clarify a couple of things. For one thing, to set the record straight. There is nobody in this General Assembly that lives closer to where this Robbins thing is gonna be located. I live a mile away from it. So, let's stop talking about all this stuff about outsiders coming in; nobody lives closer than me. Secondly, we talked about these other subsidies we give through coal, ethanol, farms. That's local subsidies for local people for local jobs. The Redding Company in Robbins is from Pennsylvania. They're coming in to burn our garbage at a great profit to them. All we're saying is, 'Let's not pay them to do that'. The other thing, is that people must understand for them to generate enough electricity here they have to burn a certain level...amount of garbage and Robbins, in particular, they won't be able to get that. So, what they're gonna have to do, is they're gonna have to import out-of-state waste. So what, in effect, we are gonna be doing, if we do not vote for this Bill, is we are going to be paying out-of-state people to send their waste into Illinois for us to burn it. So, not only do we have to deal with all the lead and the mercury and the rest of it, but we're gonna be paying for it. It is absolutely insane that we're gonna be subsidizing this. This is crazy."
"Representative Jones. Shirley Jones." Jones, S.: "Would like to do a verification, please."
"Fine. Thank you. Have all voted? Have all 76 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 voted who wish? Have all voted who wish? Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 62 'ayes' and 51 'noes', and Ms. Jones, Shirley Jones, asks for a verification. Representative Currie, in the Chair. Mr. Clerk, poll the affirmative."
"Poll of those voting in the affirmative. Representatives Balanoff. Biggert. Biggins. Blagojevich. Bugielski. Capparelli. Churchill. Clayton. Cowlishaw. Cross."
"Wait, just a minute. Does Representative Steczo and Representative Rotello have leave to be verified? Leave? Steczo and Rotello have leave. Continue. Wait, Giorgi, what? Vote Representative Giorgi 'aye'. Continue with the poll."
"Currie. Daniels. Dart. Deuchler. Dunn. Erwin. Flinn. Frederick. Frias. Gash. Giolitto. Giorgi. Hoeft. Hughes. Kaszak. Kotlarz. Krause. Kubik. Lang. Laurino. Lawfer. Levin. Lindner. Lopez. McAfee. McAuliffe. Meyer. Moore, Andrea. Mulligan. Murphy, M. Ostenburg. Pankau. Parcells. Persico. Phelan. Prussing. Ronen. Roskam. Rotello. Saltsman. Salvi. Santiago. Saviano. Schakowsky. Schoenberg. Sheehy. Steczo. Stephens. Walsh. Weaver. Wennlund. Wojcik. Zickus."
"Change Representative Black to 'present', please. Are there questions of the affirmative? Representative Wojcik asks leave. Representative Jones, is that all right? Representative Wojcik has leave. Questions of the Affirmative. Do you have questions, Representative Jones?" Jones, S.: "Representative Ronen?" 77 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
April 23, 1993 "Representative Ronen? Yes, Representative Ronen is over on the side aisle." Jones, S.: "Representative Sheehy?"
"Representative Sheehy? Representative Sheehy? He is not in the chamber. Representative Noland? Representative Noland votes 'aye'. Remove him. Further questions? Representative Jones." Jones, S.: "Representative Santiago?"
"Representative Santiago? He's here in the front." Jones, S.: "Okay. That's it."
"Nothing further, then this Bill, having... Representative Moffitt wishes to change his vote from 'no' to 'aye'. Are there any other changes before we call the roll? Seeing none, on House Bill 1450, there are 64 voting 'aye', 47 voting 'no'; and this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1715, Representative McGuire. Did we do that one already? Representative McGuire? Out of the record. Representative, 1902, Representative Lang. House Bill 1902, Representative Lang. Representative Lang? Clerk, read the Bill."
"House Bill 1902, a Bill for an Act amending the Clerks of Courts Act. Third Reading of the Bill."
"Representative Lang."
"Thank you, Madam Speaker. I have leave to move the Bill to Second Reading for purpose of an Amendment."
"Does Representative Lang have leave? Leave is granted."
Lang." "Floor Amendment #2, offered by Representative
"Representative Lang." 78 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993
"Thank you, Madam Speaker. Amendment #2 is simple. It removes the Auditor General from the Bill. I move adoption."
"Representative Lang moves 'do adopt' on Amendment #2 to House Bill 1902. Is there any discussion? All in favor say 'aye'; opposed, 'no'. The 'ayes' have it. The Amendment is adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. Representative McGuire, on House Black: Bill 1715. Wait, just a minute. Representative Black, for what reason do you rise?" "Thank you very much, Madam Speaker. An inquiry of the Chair. I had made this inquiry a few minutes ago. We had been going right down the list on these things and that way we can follow you. We were almost through with Environment and Energy and then we suddenly left that call. There were only two Bills left on the call. I was just curious as to...why all of a sudden we skipped around."
"We had been on State and Local Government, Sir; and, in fact, we've been going right down that...that Order. I believe..."
"Well, in all due respect to the Chair..."
"...a previous occupant of this Chair decided to go to...back to Energy and Environment, so we now return to State and Local Government. So, we are on House Bill 1715, Representative McGuire. Clerk, read the Bill."
"House Bill 1715, a Bill for an Act concerning workplace safety. Third Reading of the Bill."
"Representative McGuire."
"Thank you, Madam Speaker. I'd like to take that Bill back to Second Reading for Amendment #2 and then I'd like to request immediate Third Reading, if I may." 79 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993
"Representative McGuire asks leave to return this Bill to Second Reading for purposes of an Amendment. Does he have leave? Leave is granted. Return the Bill..."
"Floor Amendment #2, offered by Representative McGuire."
"Representative McGuire, the Chair wishes to advise you that it is not likely...it is not possible for you to hear the Bill immediately on Third if you amend it today. That doesn't mean you can't hear it tomorrow or Monday. Representative McGuire, do you wish to amend it or do you wish... Amend it?"
"Call it on Third, please."
"Turn it back to Third, please. Now, read the Bill on Third."
"House Bill 1715, a Bill for an Act concerning workplace safety. Third Reading of the Bill."
"Representative McGuire."
"Thank you again, Madam Speaker. What I was gonna do with Amendment #2 was to change from 11 employees to 50 to make it a little more palatable, so I will hope that this Bill will pass today and we can work on that in the Senate, and I think that would make the Bill a little more...likely to pass. What we have here is a Bill for workplace safety, and it creates the Workplace Safety Act, and what we'd like to do is create committees in the workplace to promote safety in the workplace. The Bill is not punitive. If the workplace does not decide to create a committee, that's it as far as that particular workplace is concerned. What we're trying to do is promote safety, and the end result to reduce workmans' comps compensation claims. Just for example: The State of Illinois in the Department of Mental Health has a workers' compensation claims budget of $14 80 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day million. April 23, 1993 As you all know, the State of Illinois is self-insured. That is just one prime example of where we hope that money could be saved on workmens' comp claims by promoting safety in the workplace. Not to belabor the issue, but I will answer any questions that you may have, but I do want to re-emphasize that we were trying to, due to the lack of time, amend this Bill to make it more palatable, and we certainly can do that, I think, as we pass it along to the Senate. So, I'd appreciate your 'aye' vote on this important Bill. Thank you."
"Representative McGuire moves 'do pass' on House Bill 1715; and, on that, is there any discussion? Representative Wennlund."
"Thank you, Madam Speaker. Ladies and Gentlemen of the House, I think what you really ought to know is is that this...this Bill creates these committees for both private and public workplaces. Now, let me tell you what the Illinois State Board of Education has said that it will cost school districts just to set up these safety committees, $2 million just to implement this. This is a mandate on local school districts, that it's gonna cost them $2 million to implement. Now, let's go from local school districts to your downstate municipalities. This is just downstate municipalities, to implement this it's gonna cost $3 million. That's the state mandates fiscal note, $3 million to your downstate municipalities; let alone what it would cost the State of Illinois. The House of Representatives (this House that you're sitting in) would have to implement a work safety committee. Now, what are they gonna do? The Act doesn't say when they meet or when they have to meet, how long they meet, or what they do to implement the safety program; it requires that they do it. 81 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 This applies to both public and private. So, this is another mandate on your local municipalities. It's another mandate on school districts, library districts, park districts, all of them where they have more than 11 employees and even it's 50. How many schools do you know that have less than 50 teachers, particularly in the northern part of the state? It's another mandate. It's another burden we're placing on private and public employers. The goal of the Bill is good to reduce injuries in the workplace, but I suggest to you this is not the way to do it, to place a mandate costing millions of dollars on all local government agencies in the State of Illinois and on all private employers. You're gonna drive up the cost of doing business. You're gonna put a burden and increase real estate taxes because where else are the schools gonna go that are now underfunded to get the money? Where else are municipalities gonna go to get the money? Where are your park districts gonna go? They're gonna go to the taxpayers, the property taxpayers. The idea is a wonderful idea, reduce workplace accidents. I agree with that, but by placing a burden on private and public employers (including the State of Illinois), it's a burden we simply cannot afford in local school districts, and municipalities shouldn't be forced to pay that burden. The Bill should be defeated."
"Further discussion? Representative Meyer. Let me just say, it seems to the Chair that maybe since we're running out of time, that it might be smart to have a proponent and an opponent and then to have explanation of vote. Are those of you who are standing to this issue prepared for me to do that. Is that okay? Representative Meyer, for a question." 82 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993
"Thank you, Madam Speaker. Will the Representative yield for a question?"
"Representative McGuire..."
"When this Bill appeared before committee, Labor and Commerce Committee, it required that any business with 11 or more employees in it be covered by this. Has that been changed?"
"Representative McGuire."
"No, that's what we were trying to change, Representative to 50, as I said, to make it more acceptable. And I...we just ran out of time. As you know, the rush of business here is such that we weren't able to do that, but that's what I wanted to do. And I would like to pass this out and work on that when it goes to the Senate. So, I think that's what we want to do."
"I'm sorry, I missed your comment. Another one of my concerns there was the liability problem that might exist if, for instance, the safety committees met and they made certain recommendations; then there were employees that were injured, and possibly because of those recommendations. And I think it's important for the Members of the House to understand that this committee will be offering suggestions on how to control accidents or control the safety problems that might exist, but they're also going to be investigating accidents. I don't know how many employees of companies of 11 or more, or 50 or more for that matter, are trained in how to adequately investigate an accident or an occurrence on a job; and, without that training, which I feel could be extremely substantial and put a great deal of burden on companies that may not be equipped financially to handle the training on this type of a requirement, that's a major concern, and 83 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 I feel it drives up business cost. I think that...many of the larger companies in this state already have some of this in place and they should be allowed to have it in place if they So choose, but for us to sit here in Springfield and put a requirement that any company with 11 or more or 50 or more employees in it should have to do all this, then I think we're wrong."
"Further discussion? Representative Walsh, for a question."
"Thank you, Madam Speaker. Will the Sponsor yield?"
"He will."
"Representative, I'm wondering about the enforcement of...of this law. How is this gonna...how are we going to enforce businesses to...the enforcement and the penalties? Are there penalties for companies that do not meet the requirements?"
"No, as I mentioned, it's not punitive Representative, and it's to promote safety. And, as Representative Wennlund asked me earlier, 'What if they don't do it?' They just don't do it. The particular workplace does not do it, but what the workplace does not do then is promote safety. If they ignore a workplace safety committee, there's no punitive action. They just do it, but those that do it, we hope will show results, and that's what we're looking for. And the number of the employees, as I said, we tried to amend that, but it just didn't happen. What we're trying to do is promote safety in the workplace, reduce workmans' compensation claims, and we'll do anything that...you know is reasonable to accomplish that end. And due to the rush of time, I would appreciate it if we would pass this Bill and work on it when it gets to the Senate and modify it to everyones liking." 84 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
"I understand April 23, 1993 what your goal is, Representative McGuire. I...I just don't see how this is gonna work. I don't how we're gonna be able to force businesses to do this. The good companies are already doing this, and I think there are enough incentives for companies to do this with their insurance premiums and such. So, I just think at this time, it wouldn't be worth doing this 'cause we're not gonna be able to change anything with this legislation. So, with all due respect to you and your goal of...of this Bill, I would have to urge a 'no' vote on this."
"Representative McGuire moves 'do pass' on House Bill 1715; and, on that question, all in favor vote 'aye'; opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. Representative Capparelli votes 'yes'. Representative Hicks votes 'no'. Representative Novak votes 'no'. On this... Representative Granberg votes 'no'. On this Bill, there are 58 voting 'aye'... Representative Hartke... Representative Hartke votes 'no'. Representative Schoenberg votes 'no'. I believe that the Sponsor's gonna ask for postponed consideration, so I don't know if it's necessary for all of you to change your votes. Representative... Are there other people waiting? Representative Schoenberg votes 'no'. On this measure, on... Representative Giolitto. Representative Giolitto?"
"I wanted to explain my vote, please."
"I think we're past that point. Representative Black, for what reason are you rising?"
"Inquiry of the Chair, Madam Speaker. I thought this Bill had already been on postponed consideration. Is that not correct?"
"Not according to the Chair's records, Sir." 85 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 48th Legislative Day
"All right."
"Further changes? If not... Representative Brunsvold, 'no'. On the Motion... On this Bill, there are 55 voting 'aye', 56 voting 'no', and...the Sponsor asks for postponed consideration. Representative Dart, on House Bill 1786. Clerk, read the Bill."
"House Bill 1786, a Bill for an Act amending the Criminal Code of 1961. Third Reading of the Bill."
"Representative Dart."
"Thank you, Speaker. House Bill 1786 will codify a case law...a case that just came out of the Illinois Supreme Court not too long ago in regards to arrest warrants. And what is says, basically, in instances where it's impractical for a police officer to go before a judge to get an arrest warrant, that when he realizes that someone has been...has violated their conditions of a bail bond, that he can make the arrest then, bring it in front of a judge later. I'd move for this passage."
"Representative Dart moves 'do pass' on House Bill 1786; and, on that Motion, is there any discussion? If not, all in favor vote 'aye'; opposed, 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Clerk will take the record. On this Bill, 113 voting... Representative Lou Jones, 'aye'. Representative Moore, 'aye'. On this Bill, 115 voting 'aye', 0 voting 'no'; and this Bill, having received the Constitutional Majority, is hereby declared passed. The next Bill... Next Bill is 1902, House Bill 1902, Representative Lang. Clerk, read the Bill."
"House Bill 1902, a Bill for an Act amending the Clerks of Courts Act. Third Reading of the Bill."
"Yes, I believe...I believe you'll have to ask 86 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 leave to have this Bill heard on Third Reading today. Does Representative Lang have leave? Seeing no objection, he does have leave by the Attendance Roll Call. Representative Lang."
"Thank you, Madam Speaker. House Bill 1902 deals with audits that must be done by circuit clerks. As requested in committee, we've limited this to the 13 northeast counties of Illinois. This is at the request of the Northeast Clerks' Association. This should now be an agreed Bill with the Amendments, and I move passage."
"Does anyone stand in opposition to this Bill? Representative Hughes."
"Thank you, Madam Speaker. I do stand in opposition to this. Our clerk... I am in one of the counties that would be under this. Our clerk has not...circuit clerk has not lobbied for this Bill. I believe this is a mandate on those counties to budget for a separate audit that may duplications with audits that are already done. I think this is something that can be worked out between the circuit clerk and the auditor that's already conducting audits, and I think it's a mandate on local government."
"Representative Lang moves 'do pass' on House Bill 1902. All those in favor vote 'aye'; opposed, 'no'. Voting is open. And, on the question to explain his vote, Representative Skinner, one minute."
"Mr. Speaker, I rise to ask for 'no' votes. No individual county elected officer should be able to audit himself, and that's what we're talking about here. The county board is there for a reason. The county board should be a check in the balance on each independent elected official. And I speak as a former county treasurer." 87 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
"Have all voted who wish? April 23, 1993 Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill, there are 60 voting 'aye', 51 voting 'no'; and this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1932. Out of the record. House Bill 2053, Representative McAfee. Clerk, read the Bill."
"House Bill 2053, a Bill for an Act amending certain Acts in relation to funerals, burials, and cemeteries. Third Reading of the Bill."
"Representative McAfee."
"Thank you, Speaker and Ladies and Gentlemen of the House. This is the same Bill we considered yesterday which amends the Funeral and Burial Funds Act, the Cemetery Act, and the Pre-Need Cemetery Sales Act. It represents months of negotiation between all directed parties involved, has the support of the Department of Insurance and the Comptroller's Office. This will help to cover and provide protection for the consumer. I urge your support."
"Representative McAfee moves 'do pass' on House Bill 2053; and, on that Motion, is there any discussion? Representative Black."
"Thank you very much, Madam Speaker. Will the Sponsor yield?"
"He will."
"Representative, did...have you purported this to be an agreed Bill?"
"Representative McAfee."
"I reported this to be a...a series of processes that have taken place between the cemetarians, funeral directors, Office of the Comptroller and the Department of Insurance. Yes." 88 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993
"Okay. Thank you very much. Madam Speaker, to the Bill."
"Proceed."
"I don't rise in opposition to the Bill, but let me tell you, I've received two phone calls this morning from people in the business. They are not in agreement with this Bill, but they are willing to let it go to the Senate if the Sponsor will agree to work out some of the difficulties and concerns that are still existent in this legislation. And I think Representative, I would have your agreement that any such disagreements or concerns will be addressed in the Senate; is that correct?"
"Yes, Representative. We have talked to cemetarians, and that is part of the agreement. There are some points I received this morning, but they are in agreement and do support the Bill."
"I think the Gentleman's a man of his word; and, based on that, I intend to vote 'aye'."
"Further discussion? Representative Clayton."
"Yes, I just wanted to reiterate that I, too, spoke with the Cemetery Association this morning, at the request of one of my constituents, who is a member. And...there are...there are some concerns. They do hope it can be worked out in the Senate, and we have received assurances that they will work it out in the Senate."
"Representative McAfee moves 'do pass' on House Bill... I'm sorry. Representative Granberg. No. Representative McAfee moves 'do pass' on House Bill 2053; and, on the Motion, all in favor vote 'aye'; opposed, 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk will take the record. One-hundred-eleven voting 'aye', 0 voting 'no'; this Bill, having received the required Constitutional 89 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day Majority, is hereby declared passed. Representative Levin. Clerk, read the Bill."
"House Bill 2105, a Bill for an Act School Code. Third Reading of the Bill." April 23, 1993 House Bill 2105, amending the
"Representative Granberg, for what reason do you rise?"
"Thank you, Madam Speaker. This morning, we inadvertently forgot to state that Representative Sheehy was excused as an excused absence due to illness today, for the record."
"The record shall so...shall so reflect. Thank you. Representative Skinner, with a point of order."
"If Representative Sheehy is not to be here, are we to go back and take his name...if he was voting for any roll call prior to this?"
"Representative Granberg."
"Representative Skinner is correct. It is for the rest of the day."
"Oh, that's real nice. We just passed a Bill by 60 votes. It passed by one vote. He wasn't here. You admit he wasn't here. And we're gonna let that zip right over to the Senate."
"No... No... Rep... Representative, he just... He just left for the meeting, or he had the migraine until he is gone. He had been here, and so it is for the rest of the day."
"Representative Levin, on House Bill 2105."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. House Bill 2105 codifies the rules of the Governor's Purchased Care Review Board, with respect to reimbursement of private special-ed facilities. It was reported out of committee on a 21-0 vote. ...Also added to this Bill was an 90 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 Amendment by Representative Granberg. I believe that affects only his school district in his district. If there are any questions on the main Bill, I'd be happy to answer them; otherwise, if there's questions on Granberg's Amendment, I...I would ask that he answer those."
"Representative... Levin moves 'do pass' on House Bill 2105; and on that Motion, is there any opposition? Representative Black."
"Thank you very much, Madam Speaker. I do have a question of the Amendment. I was directed to...or ask Representative Granberg. Representative, as this Bill, as amended, this would give a grant, a special grant over a five-year period to a school district that in the '93 extension year, loses a minimum of 25% of its property tax revenue due to the closure of a single commercial or industrial enterprise in the district. Is... Is there a sunset on this? I...I'm faced with a tremendous potential closure of a...manufacturing facility in my district in the next few months. Would my school districts be able to take advantage of this?"
"Representative, I had spoken with Representative Cowlishaw earlier this week on this language. We have agreed... If there is no agreement on this, we will remove this language in the Senate, unless you want to get involved in the process. If we can try to help you in your district, then we can revise the language."
"No... I'm sorry. You said you were gonna remove this Amendment in the Senate?"
"If... If we reach an agreement with Representative Cowlishaw and the Senate Sponsor, which will be Senator Watson, 'cause this is in his district, we will remove the language. We're just sending it over to the Senate to move 91 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day Black: it along." April 23, 1993 "Okay. That... That would have been my concern because I think we would be setting up a process by which many rural districts would come in and demand reimbursement for lost assessment; so, with that, fine."
"The Motion is 'do pass' on House Bill 2105. All in favor vote 'aye'; opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On the Motion, 112 voting 'aye', 0 voting 'no'; and this Bill, having received the required Constitutional Majority, is hereby declared passed. House Bill 2193, Representative Frias. Clerk, read the Bill."
"House Bill 2193, a Bill for an Act in relation to increasing worker mobility in Illinois. Third Reading of the Bill."
"Sorry, out of the record. Take it back. Let's try... Representative Homer, on House Bill 2234. Clerk, read the Bill."
"House Bill 2234, a Bill for an Act amending the Illinois Insurance Code. Third Reading of the Bill."
"Representative Homer."
"Thank you, Madam Speaker. This... This Bill is one you may have been lobbied on, and for those who are going to vote just on the basis...of who lobbied you, this Bill is supported by the Dental Society and opposed by much of the insurance industry. It deals with the temporal mandibular joint, which is the joint connecting the iaw to the skull. And I became interested in this issue when a year or so ago a lady constituent of mine came to my office. She was a teacher and covered by a group insurance plan, had suffered a injury to her TMJ when she was lifting her small child 92 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 out of the back seat child restraint and hit the top of her head on the top of the...car, and it caused trauma and caused injury to the joint and when she went for treatment, discovered that, in fact, under the policy that she had that specific exclusion was provided for TMJ disorders. And upon looking into the matter, I find out that she is not alone; and, in fact, there are many, many victims of this condition, most of whom for whatever reason appear to be women. I think about 70% of the TMJ victims are women. And many policies exclude coverage for this condition; and, furthermore, the dental insurance that one may have also does not cover this condition because dental insurance is...covers only care for the teeth and gums, and because this is a joint, is not...covered under dental insurance. As a result, people who suffer from this disorder find that they have no insurance in many instances. This is not a mandate. Those who have told you that this Bill provides a mandate are not telling you correctly, because the Bill does not mandate that any group policy provide coverage for TMJ. Nor does it provide that any insurer must accept...an individual insured who already has a pre-existing TMJ problem. If someone has a problem, there's nothing to keep the insurance company from denying coverage or inclusion under the policy. It's only... It only says that if an individual or group policy of accident and health insurance...is in force, that it may not...end. It provides coverage for bones and joints of the skeletal structure, that it may not deny coverage for any specific bone or joint, except for...exclusions based on individual underwriting considerations. And, so what it says, in effect, is that if the policy covers the joints of the skeletal structures, it may not single out and discriminate 93 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 against the joint that happens to be the one that connects the jaw with...with the skull. And there's no rational reason why that joint should be singled out for exclusion. The Bill is a very modest, very moderate Bill that attempts to address the industry's objections. It provides that there can be a $2,000 lifetime cap for treatment of the TMJ joint. And it, as I said earlier, ...it allows for exclusions where there's a preexisting conditions. This is a very, very serious problem. There are Members of this Body who suffer from this condition, who can give first-hand witness to the...to the problem that it poses. This is a very moderate, modest approach to the problem; does not mandate anything. Simply says if a company is gonna offer coverage for skeletal joints, that it cannot single out and exclude the TMJ. This is a very important Bill to many, many victims, and I think it's a very reasonable approach and has tried as best possible to accommodate the...con...concerns of the insurance industry. And yet, I must tell you that they remain in opposition to the Bill. I would try to answer any questions. I would urge your support for this important legislation."
"Representative Homer moves 'do pass' on House Bill 2234. We would like to hear from an opponent, one opponent, Representative Ryder. And we can hear from the rest in the explanation of vote."
"Thank you, Madam Speaker. At this time, I rise in opposition for a number of reasons. Let's be very clear what it is that we're doing. At this point, we are insurance companies what they have to cover in their policies. That's called a mandate. We are... The reason that we're doing that, is that some policies already cover it; some policies do not. So, we're telling employers if 94 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 they're providing insurance for their employees what has to be in those policies. The well-intentioned Sponsor had a witness in our committee, and that witness said, 'One policy provided by my employer covered this condition'. The employer change, which was the employer's option, the policy and the subsequent policy did not. Let us also be very clear that we're not just talking about this joint. If...if you have a joint and it's broken, it's covered under a policy. If you have arthritis, if you have a trauma, if you have an accident, those are covered. It is the dysfunction of the joint, the dysfunction of the joint, that is attempting to be mandated under this policy. A dysfunction that is oftentimes not the problem, but rather a symptom. A symptom that because of mental stress, because of other kinds of problems is shown through the dysfunction of the TM joint. Grinding of teeth, clenching of the jaw, and those problems then need treatment. But simply treating the joint doesn't solve the stress. It doesn't solve the problem. There is no cap. This particular version of the Bill would not have solved the problem of the...of the witness that came before us in the committee. There's not a cap on this because of the minor, mini-trauma that is discussed. As a result, what we're doing is suggesting that we are the people who are putting this into a policy even though the policy is available and employers, employees, purchasers, can use the marketplace to make the decision. In addition to that, let me be very clear that we're not going to affect the State of Illinois' policy, nor are we going to affect well over 50%, I think the figure is some 70%, of the insurers in this state because they are self-insured. And it is the law of the State of Illinois that we cannot pass...excuse me, a federal law, that we 95 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day cannot pass April 23, 1993 laws that deal with self-insurers. So where's the burden going to be? On the smallest insurers. On the folks that are struggling to buy policies for their five or six, ten or 50 employees. We are, by this vote if you vote in favor, voting to increase the costs of that insurance. We are mandating that increase. Thank you, Speaker."
"Representative Homer moves 'do pass' on House Bill 2234; and on that Motion, all in favor vote 'aye'; opposed vote 'no'. Representative Schakowsky, to explain her vote."
"Thank you, Speaker and Ladies and Gentlemen of the House. I f the Sponsor would just nod his head. I had some concerns that the original Bill had some bias towards surgery and against non-surgical means of correcting TMJ, and I just wanted to be sure that an Amendment was added that corrected that. Thank you. And to explain my...my 'yes' vote. It seems to me that this problem which...affects a predominate number of women over men is something that we should support that this legislation provides an even playing field for...for this particular joint... Oh, level playing field, thank you, Representative. For this particular joint in the body making it the same as we would insure any other, and I urge your 'aye' vote."
"Further discussion? ...Sorry, further explanation of vote. Representative Black, one minute."
"Thank you very much, Madam Speaker and Ladies and Gentlemen of the House. This was done in Minnesota in 1987, and a subsequent study over the years have shown that costs actually went down, not up. You know, it's kind of strange to me. I guess maybe this isn't glitzy enough. Many of you voting 'no' or 'present' voted to mandate mammograms. You 96 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 voted to mandate coverage of infertile fertilization, but maybe TMJ just isn't glitzy enough for you. I think Representative Homer has a good Bill. He explained it well. It is not a mandate. It seems odd that we can come in here and mandate something that perhaps has broader coverage in the press or broader coverage in news magazines. This is a real problem. It deserves attention, and it deserves an 'aye' vote."
"Representative von Bergen-Wessels, one minute to explain her vote." von Bergen-Wessels: "Thank you, Speaker. We're covering every other joint in the body, whether it's injured or dysfunctional. But for this particular joint in the body, the jaw joint, we're going to say that we'll only cover it if it's injured not if it's dysfunctional? Make a special inclus...exclusion for this joint of the body? Twice as many women suffer from TMJ as men. I happen to have it. I don't have enough problems to require intervention, but I'm gonna get a little tired of having to stand up and fight and fight and fight for every inch that we, as women, make. I would urge you to support this Bill. Cover TMJ, as well as the other joints in the body."
"Representative Parcells, one minute to explain your vote."
"Thank you, Speaker. I voted for this last year in committee. I thought it sounded like a good idea, but I'm afraid today I'm gonna have to vote 'no'. We have so many problems that we should handle. We had two other mandates presented in the insurance committee that Representative Mulligan presented, which I had to vote 'no' on because, Ladies and Gentlemen, it is a mandate. You can call it what you want. It's says that if we cover other skeletal things, 97 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 we have to cover this. Well, of course, all insurance companies...all insurance policies cover skeletal. So, it means every health policy has to cover this. It's a fight between the dental insurances and the health insurances. And I think you ought to know that there's a long group of people that are not in favor of this: The Illinois Manufacturers, the Illinois Retail Merchants, The Illinois State Chamber of Commerce, Management Association, Blue Cross/Blue Shield is opposed to it; the list goes on and on. We just cannot keep adding mandates to the small employer. Only 30% of the people are gonna have to pay for this. For all of the rest of us..."
"Representative Parcells. Representative Murphy, one minute to explain your vote." Murphy, Maureen: "Yes, to explain my 'yes' vote. I, too, once had TMJ. As to the cost about the mandate. We may be mandating to the insurance companies, and it is a wrestling between medical and dental. If we treat the symptoms in the dental chair, they are far less costly than if we run to a surgeon, as I had to. I urge that you look at the long-term effects if by covering the symptoms in the chair of a dentist and having it covered is far less expensive. Usually because of age or whatever, TMJ then does not exist. I later did not have TMJ after having wisdom teeth excised; and, with that, if I had been able to just treat it in the dental chair instead of doctor's office, it would have been more cost-effective. I think the insurance companies should get together and offer the ala carte coverage for the participants in each program. Thank you."
"Representative Wennlund, one minute to explain your vote."
"Thank you, Madam Speaker. In the event this gets the 98 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day requisite amount number of votes, I request a verification."
"Representative McAfee, one minute to explain your vote."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Make no mistake, this is an issue about fair and equal treatment. This is an issue about discrimination. This is the only joint in the skeletal system that is not covered under medical coverage. It is not receiving the same treatment. There are caps in the Bill. Representative Homer has made a good Bill better. I think it's important to note, and I just wanted to comment very briefly. Over the last two years, I've had a young lady in my law firm who has had the opportunity, at her own expense, to come down and testify on this issue. She has gone out-of-pocket and over $60,000 in medical expenses. I think this is a very important piece of legislation. Other jurisdictions have adopted it. I'm voting 'aye'. I urge you to do the same."
"Representative Cowlishaw, one minute to explain your vote."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. There has been some very substantial research reported by the University of Southern California that clearly indicates 63% of all people who suffer from this dysfunctional joint are women. One of the reasons for that is because of a certain type of hormone that only women produce, and then only during the last month of pregnancy. So, actually what we're asking for is that mothers might receive the same kind of treatment from the insurance coverage that we give to people who have arthritis that causes a joint to mis-function. As a matter of fact, it 99 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 would seem to me that any joint, whether it has to be broken in order for it to be able to be covered doesn't even make sense to me. We certainly cover a hip joint that isn't functioning well because of arthritis. We ought to cover a joint in the skull that doesn't function right because a woman was a mother."
"Representative Leitch, one minute to explain his vote."
"I think one of the problems with this...debate, for that matter, and the Bill itself, is in imposing this mandate, I have not heard anyone talk about the costs. How many of these surgeries are there in this...are there in our experience? Recent experience? How much do they cost and exactly how much money are we talking about imposing on the units of government and the small employers affected by this? And I think that's a very important fact, and until there's some answers about that, I would reluctantly vote 'no'."
"Have all voted who wish? Representative Homer, to explain his vote, one minute."
"Thank you, Madam Speaker. I...I want to urge upon you to consider this Bill. This is a major initiative of the Dental Society. And although you've been told that there are opponents, and yes the industry still remains opposed, the Dental Society has done everything possible to accommodate all the concerns. There is a cap. A $2,000 lifetime cap on non-surgical...treatment under this Bill. There's absolutely no reason to discriminate against the jaw, against the TMJ joint, as opposed to any other joint of the body. This is not a mandate. This simply says that if you insure joints of the skeleton, you cannot discriminate and single out the TMJ joint. What could be 100 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 more fair than that? I urge you to reconsider your vote on this measure, and implore you on behalf of the many victims of that suffer from this disease and also from the many employers who would like to buy a policy such as this for their employees but they can't find one, to change your vote to green."
"Have all voted who wish? Have all voted who wish? Representative Davis. Have all vote... Have all voted who wish? The Clerk will take the record. On this Bill, there are 60 voting 'aye', 44 voting 'no'; and Representative Black...Wennlund asked for a verification. Do you want to proceed with your verification? Representative Blagojevich wants ver...leave to be ver...to be verified. Does he have leave? All right. Clerk, read the absentees."
"A Poll of those not voting. Representative Zickus."
"Read the affirmative."
"A Poll of those voting in the affirmative. Ackerman. Balanoff. Black. Blagojevich. Brunsvold. Bugielski. Burke. Capparelli. Cowlishaw. Currie. Dart. Davis. DeJaegher. Dunn. Edley. Erwin. Flowers. Gash. Giolitto. Granberg. Hannig. Hartke. Hawkins. Hoffman. Homer. Kaszak. Kotlarz. Krause. Kubik. Lang. Laurino. Levin. Martinez. McAfee. McGuire. McPike. Moore, Andrea. Moseley. Murphy, Maureen. Novak. Ostenburg. Phelan. Prussing. Pugh. Ronen. Rotello. Rutherford. Saltsman. Schakowsky. Schoenberg. Steczo. Stephens. Stroger. Tenhouse. von Bergen-Wessels. Weaver. Weller. Wirsing. Younge, and Mr. Speaker."
"Are there questions of the Affirmative? Representative Wennlund. Representative Wennlund, Representative Brunsvold asks leave to be verified. Does he 101 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day have leave?"
"Certainly."
"Okay. Questions?"
"Representative Kotlarz?"
"Representative Kotlarz? April 23, 1993 Representative... Representative Kotlarz is where? We think he's right around the corner, and he's not sitting in the press box, and he's not one of the pages."
"Then he's not here."
"Okay. ...Representative Kotlarz is not in the chamber. Yes, he is in the chamber. There he is. Representative Kotlarz. Further questions?"
"Representative Hoffman?"
"Representative Hoffman? Representative Hoffman? Are you within the sound of our voice? Representative Hoffman? He is not in the chamber. Remove him. Further questions?"
"Representative Ronen?"
"Representative Ronen is right there. Side aisle. Further questions?"
"Representative Levin?"
"Representative Hoffman has returned. Remove (sic-return) him voting 'aye' to the roll call. Representative Granberg asks leave to be verified. Does he have leave?"
"Yes. Certainly."
"And I missed the...the next name you gave me."
"Representative Levin?"
"Representative Levin? Representative Levin? Is Representative Levin in the chamber? Remove him. Representative Moseley asks leave to be verified."
"Yes." 102 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
"She has leave. Further questions."
"Rep... Representative Kaszak?" April 23, 1993
"Representative Kaszak is right were she belongs, and Representative Levin has returned to the chamber. Restore him to the roll call voting 'yes'."
"Representative Hawkins?"
"Representative Hawkins? Right here in the center aisle. Representative Hartke? You wish to be verified? Representative Hartke wishes to be verified. Does he have leave?"
"Yes."
"Leave is granted. Further questions?"
"Representative Lang?"
"Representative Lang? Right there at the back, near the telephone booths. Further questions?"
"Representative Wirsing?"
"Representative Wirsing? Representative Wirsing? Representative Wirsing? Is Representative Wirsing in the chamber? Remove him. Representative von Bergen-Wessels. Leave to be verified? Does she have leave?"
"Nothing further, Madam Speaker."
"Representative Giorgi, for what purpose do you rise? Representative Giorgi goes from 'present' to 'aye'. And on this Motion, there are 60 voting 'aye', 44 voting 'no'; and this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Giglio, in the Chair."
"Representative Leitch, for what purpose do you rise, Sir?"
"Mr. Speaker, we would request a Republican Conference immediately for about an hour."
"The Republicans have asked for a conference for 103 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 one hour. The... Democrats will go to lunch, but the Chair would like to remind the Body that...this is our last day and if you want to hear all the Bills, then we'd like to hear as many Bills as we possibly can. We've been working late at night, so I would ask that...the Conference Chair get back as soon as possible SO we can continue our business and hopefully leave here at a reasonable hour today. Republicans, immediately in Room 118. The Democrats will recess for lunch and be back here by 2:00."
"...will come to order. Representative McPike in the Chair. The last Bill was House Bill 2234. The next Bill on that Order is 2307. State and Local Government. Mr. Steczo. Steczo. Turn on Mr. Steczo."
"Thank you, Mr. Speaker. I ask leave to leave...to bring this Bill back to the Order of Second Reading for purposes of Amendment... Amendment, please."
"The Gentleman has leave? Leave's granted. The Bill is on Second Reading. Any Amendments?"
"Floor Amendment #1, offered by Representative Steczo."
"Mr. Steczo."
"Thank you, Mr. Speaker. This Amendment has been the subject of negotiations between the brewers and the distributors. There are some parts of the Amendment that has posed some concern from...retailers is part of the portion of this agreement between wholesalers and brewers. And there's some others that must be consulted as well, but it's been agreed that this Amendment should be adopted, and this Bill should move to the Senate."
"The question on the adoption of the Amendment. The question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it, and the 104 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 Amendment's... Mr. Black. Did you want to..."
"Thank you very much, Mr. Speaker. Just an inquiry of the Chair."
"Yeah."
"Does this require leave of the Body to take it back for immediate consideration on Third?"
"It would require 71 votes for that. Yes, it would require 71 votes for that."
"Thank you very much."
"The question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 2307, a Bill for an Act amending the Liquor Control Act of 1934. Third Reading of the Bill."
"All right. Representative Steczo asks the leave to call the Bill at this time, and leave by the Attendance Roll Call is granted. Mr. Steczo."
"Thank you, Mr. Speaker, Members of the House. As I explained, that this Bill is still being...discussed and any...any disagreements will be worked out in the Senate. And I'd move for its passage."
"The question is, 'Shall House Bill 2307 pass?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there is 102 'ayes', 5 'noes'. House Bill 2307, having received the Constitutional Majority, is hereby declared passed. House Bill 2311, Mr. Hicks. Is this the same request? Return it to Second? No? Mr. Hicks. You want that Bill... Mr. Hicks."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of 105 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 the House. This Bill is a Bill dealing with ABDI. It's ongoing negotiations between Miller and Anheuser-Busch and the other beer distributors...here in the country. We'd like to move this on through the process over to the Senate. It is not agreed upon yet, and we don't want to do anything with any type of Amendments until it is."
"Mr. Clerk, read the Bill."
"House Bill 2311, a Bill for an Act amending the Liquor Control Act of 1934. Third Reading of the Bill."
"The question is, 'Shall this Bill pass?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 95 'ayes' and 9 'noes'. House Bill 2311, having received the Constitutional Majority, is hereby declared passed. All right, Mr. Black, on the list 1A. Representative McAfee, House Bill 74. Read the Bill, Mr. Clerk."
"House Bill 74, a Bill for an Act amending the Illinois Highway Code. Third Reading of the Bill."
"Mr. McAfee."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 74 provides additional authority to the Department of Transportation to...enjoining powers should there be any involvement with a quarry involving a highway system. The language of this Bill was drafted by the Department of Transportation, and I urge your support."
"The question is, 'Shall House Bill 74 pass?' All those in favor vote 'ave': opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are... Representative Biggert (sic-Biggert)."
"Excuse me, Mr. Speaker. Could you note that on 2211, I 106 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 meant to vote 'no' and on 2307, 'yes'."
"Yes, the record will so reflect." Biggert(?): "Thank you."
"Representative Parcells votes 'aye' on this Bill. On this Motion, there are 107 'ayes', 0 'nays'. House Bill 74, having received the Constitutional Majority, is hereby declared passed. House Bill 429. Read the Bill, Mr. Clerk."
"House Bill 429, a Bill for an Act amending the Illinois Lottery Law. Second Reading of the Bill. Floor Amendment #1, offered by Representative Rutherford."
"Representative Rutherford."
"Take Floor Amendment 1 out of the record."
"Do you want to withdraw it?"
"Floor Amendment #1, yes. There's three Amendments?"
"Do you want to withdraw it, or..."
"Withdraw the Amendment."
"Yeah. Okay, the Amendment's withdrawn. Further Amendments?"
"Floor Amendment #2, offered by Representative Steczo."
"Representative Steczo."
"Mr. Speaker, withdraw Amendment #2, please."
"Amendment #2 is withdrawn. Further Amendments?"
"Floor Amendment #3, offered by Representative Rutherford."
"Representative Rutherford."
"Thank you Mr. Speaker. After working with the Lottery and the Gentleman who spoke against the concern the last time, I present an Amendment that would direct the Lottery to print on the backs of each ticket that a portion of the funding...for...elementary and secondary schools 107 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 will come from the lottery. It also further says that any...existing stock that they have in...in...would not...would be grandfathered in. Lottery is now in favor of this."
"The question is, 'Shall Amendment #3 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 127, Representative Giorgi. We're gonna review the Amendment and get back to you. We will review the Amendment and get right back to you. House Bill 127. Mr. Clerk, read the Bill."
"House Bill..."
"The Bill's on Second Reading. I'm sorry."
"House Bill 127. The Bill has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Giorgi."
"Mr. Giorgi."
"Mr. Speaker, Floor Amendment #1 provides that the Regional Transportation Authority's budget will be on display ten days before a public hearing."
"The question is, 'Shall the Amendment be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 127, a Bill for an Act amending the Metropolitan Water Transit Authority Act. Third Reading of the Bill."
"Mr. Giorgi."
"Mr. Speaker, I..."
"Representative..." 108 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993
"It's been read a second time. Can I move it to Third and get it out of here and send it over to the Senate?"
"It's been read a third time. Representative Wennlund."
"Just an inquiry. Is Amendment 1 still on it?"
"Mr. Clerk? Amendment #1 was just adopted, ten seconds ago."
"Thank you."
"The question is, 'Shall House... Did you read this Bill a third time? The question is, 'Shall House Bill 127 pass?' All in favor vote 'aye'; opposed vote 'no'. Mr. Balanoff."
"I just wanted to ask a question. Is this... Zeke, is this more or less days than they're currently required?"
"Mr. Wennlund."
"An inquiry for the Sponsor, as to whether or not this is a vehicle...without any substance?"
"Representative Giorgi."
"In as much as things have changed over in the Senate, I can't tell you if it's gonna become a vehicle or not. You know, I can't speak for the Senators. They're gonna have a chance at the Bill."
"In its current form, is it a vehicle?"
"No, Sir. In current form now, it just says that the budget'll actually be on display for ten days prior to a public hearing that's announced. And then... You know, it's taken months to prepare the budget, so everyone's aware of what's going into the budget. So ten days is enough to scrutinize the budget to find what you want to find. A guy like you would look for something. You know, you'll find it."
"Okay. Thank you." 109 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
April 23, 1993 "Have all voted? Mr... Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 61 'ayes', 50 'noes'. House Bill 127, having received the Constitutional Majority, is hereby declared passed. House Bill 503. The Bill's on Second Reading. It's been read a second time. Are there any Amendments?"
"Floor Amendment #1, offered by Representative Cowlishaw."
"Representative Cowlishaw."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #1 to this Bill was worked out to satisfy the concerns of the special education community. It does precisely that, I move for its adoption."
"The question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments?
"No further Amendments."
"Do wish to hold this on Second? Representative Cowlishaw?"
"Sir, I...I'd like to advance with this Bill, if I may, please."
"Third Reading. House Bill 324. Read the Bill, Mr. Clerk."
"House Bill..."
"Take this Bill out of the record. Representative... Representative Steczo, 410. Read the Bill."
"House Bill 410, a Bill for an Act amending the Revenue Act of 1939. Third Reading of the Bill."
"Mr. Steczo." 110 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
"Thank you, Mr. Speaker, Members of the House. This is the Bill that was amended yesterday that provides for the Senior Citizen Tax Freeze, for senior citizens who are in the income category of $35,000 a year and under. I...I believe the Amend...the Bill was fully explained on Second Reading yesterday. I would answer any questions, and I would ask for a favorable vote."
"See... Mr.... Brack, Brack. Mr. Black. The question is, 'Shall House Bill 410 pass?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 107 'ayes', 2 'noes'. House Bill 410... Hoffman, 'aye'. On this Motion, there are 108 'ayes', 2 'noes'. House Bill 410, having received the Constitutional Majority, is hereby declared passed. House Bill 610, Representative Hicks. The Bill's been read a second time previously. Representative Ronen."
"I wish to be recorded 'aye' in the previous vote."
"Representative Ronen indicates that she would have voted 'aye' on House Bill 410. The record will so reflect. Are there any Amendments to 601? Representative Walsh indicated that he would have voted 'aye' on House Bill 410. The record will so reflect. Any Amendments to 601?"
"No Floor Amendments."
"Third Reading. Read the Bill, Mr. Clerk."
"House Bill 601, a Bill for an Act amending the Illinois Horse Racing Act of 1975. Third Reading of the Bill."
"Mr. Hicks."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill, along with 602, it was passed yesterday, 111 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 would be...the Bill would be used for any horse racing issues that came about. Representative Kubik and I talked about it. We'd like the Bill to be sent to the Senate for work later on."
"The question is, 'Shall House Bill 601 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 104 'ayes', 2 'noes'. House Bill 601, having received the Constitutional Majority, is hereby declared passed. House Bill 774, Representative Woolard. The Bill's on Second Reading. Are there any Amendments?"
"Floor Amendment #1, offered by Representative Woolard."
"Mr. Woolard."
"I'd like to take the... Withdraw the Amendment."
"The Gentleman withdraws Amendment #1. Further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 774, a Bill for an Act concerning hunger relief. Third... Second... Third Reading of the Bill."
"Mr. Woolard."
"What this does it creates a task force. It will be chaired by the Director of Public Health, and I think that while we're working on House Bill 441, this is a necessary entity, and I would appreciate your consideration."
"The question is, 'Shall House Bill 774 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are lll 'ayes', 0 'nays' House Bill 774, having received the Constitutional Majority, is hereby declared passed. House Bill 954, Mr. Lang. Read the... 112 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 Representative Granberg."
"Thank you, Mr. Speaker. Could you let the record reflect if I hadn't been talking to Representative Black, I would have voted in favor of House Bill 410?"
"Yes, the record will so reflect. (House Bill) 954. Read the... Read the Bill, Mr. Clerk."
"House Bill 954, a Bill for an Act amending the Consumer Deposit Account Act. Third Reading of the Bill."
"Mr. Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #1, which we put on the Bill yesterday, became the Bill. This is the agreement between the check clearing people and...and the banks. Recommended by the Federal Reserve System in Washington to deal with the check collection system. It's... It's a agreed Bill and it's not controversial. I move passage."
"The question is, 'Shall House Bill 954 pass?' All those in favor say 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 110 'ayes', 0 'nays'. House Bill 954, having received the Constitutional Majority, is hereby declared passed. House Bill 429. Read the Bill, Mr. Clerk."
"House Bill 429, a Bill for an Act amending the Illinois Lottery Law. Third Reading of the Bill."
"Representative Rutherford."
"Thank you, Mr. Speaker. The... We've asked the Lottery to put a sentence on the back of each ticket which would simply say that the lottery proceeds provide a portion of the funding for elementary and secondary schools in the State of Illinois. It seems to be agreed by all parties, and I'd ask for a favorable roll call." 113 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 48th Legislative Day
"The question is, 'Shall House Bill 429 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there's 107 'ayes', 1 'no'. House Bill 429, having received the Constitutional Majority, is hereby declared passed. Representative Hughes."
"'Aye' on that, Mr. Speaker."
"The... The Lady's in... The Lady would have voted 'aye' on House Bill 429. The record will so reflect. Mr. Black."
"Hearing all that applause, Mr. Speaker, I don't know, perhaps I should move to reconsider but no, the heck with it."
"What the heck. House Bill 1155, Mr. Lawfer. The Bill's been read a second time. Are there any Amendments?"
"Floor Amendment #1, offered by Representative Lawfer."
"Mr. Lawfer."
"Thank you, Mr. Speaker. I'd like to withdraw Amendment #1."
"The Gentleman withdraws Amendment #1. Further Amendments? Representative Hughes, turn off your speak button, please."
"Floor Amendment #2, offered by Representative Lawfer."
"Mr. Lawfer."
"Thank you, Mr. Speaker. I would like to present Amendment #2."
"Proceed."
"It creates a three-year volunteer...senior volunteer service credit act demonstration program, administered by the Department of Aging. It also amends the Illinois Act on 114 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 Aging to designate home-delivered meals to be eligible to individuals through a nutritional provider and funded by area agents...agencies on aging to be a necessary preventative service."
"The question is, 'Shall Amendment #2 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments?"
"Floor Amendment #3, offered by Representative Granberg."
"Representative Granberg."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #3 deletes the limited liability provisions in the Bill. If... With the adoption of this Amendment, we would have no objections to the passage of the Bill."
"And you've reviewed Amendment #2? The question is, 'Shall Amendment #3 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 1155, a Bill for an Act amending the Illinois Act on Aging. Third Reading of the Bill."
"The question is, 'Shall this Bill pass?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 110 'ayes', 0 'nays'. House Bill 1155, having received the Constitutional Majority, is hereby declared passed. House Bill 1156, Mr. Turner. The Bill's on Second Reading. Are there any Amendments?"
"No Amendments have been filed." 115 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
April 23, 1993 "Third Reading. Read the Bill, Mr. Clerk."
"House Bill 1156, a Bill for an Act amending the Counties Code. Third Reading of the Bill."
"Mr. Turner. Mr. Morrow. Mr. Granberg, can you handle this? The Gentleman have leave to handle the Bill? Leave's granted."
"Inquiry of the Clerk. Has there been any Amendments adopted to House Bill 1156?"
"Mr. Clerk?"
"Amendment #1 has been adopted to the Bill."
"Mr. Speaker, could we ask Representative Morrow to present this Bill, or is he not...?"
"Yes."
"Would... Would you..."
"Mr. Turner and Mr. Morrow are not here, so take the Bill out of the record. Representative Davis would like to have leave to handle the Bill. Leave's granted. Representative Davis, Amendment #1 is on the Bill."
"Thank you, Mr. Speaker, Ladies and Gentlemen. The Bill is on Third Reading. The Amendments have been adopted. And it states that in home rule counties with populations of less than 600,000 people where affordable housing commissions have been established, they can adopt an ordinance if they choose that imposes a real estate transfer tax not to exceed 12.5 cents per $500 of real property value. It provides that the proceeds of the tax will be used for affordable housing commission's programs, including the administrative and matching federal community development housing grant programs. I think it gives us an opportunity to take advantage of some federal grants that are coming this way. I urge a favorable vote."
"On the 'do pass' Motion, Representative Black." 116 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day Black: April 23, 1993 to "Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I stand in opposition to the Bill. The Realtors Association is very much opposed this Bill. We... We passed a surcharge some time ago on these transfers, and now we're back doing it again. And it's my understanding that the moneys collected under the original legislation about three years ago hasn't even been used. So, this is a...I guess you could call it a tax or a real estate transfer tax. It's another increase for affordable housing, a laudable goal, but I must stand in opposition at this time."
"On that Motion, Representative Zickus." "Thank you, Mr. Speaker. I also rise in opposition to this Bill. It is another tax. Please vote 'no'. Thank you."
"The question is, 'Shall House Bill 1156 pass?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? Have all voted who wish? Homer, 'no'. Homer, 'no'. Representative Davis."
"...Postponed Consideration, please."
"You can if you get 47 votes."
"Can I get 47 votes put this on Postponed to Consideration? Take it out of the record."
"I can't take it out of the record when there's a roll call. Representative Davis. Please turn Representative Davis on."
"Thank you. I was requesting that we get 47 votes in order Art Turner can handle his Bill on Monday. Just 47 votes in order to put it on Postponed Consideration."
"Mr. Turner's here. Mr. Turner, to explain his Turner: vote." "Thank you, Mr. Speaker. And let me first of all tell 117 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 Representative Davis I do appreciate her handling this Bill for me, and I would also request that...if we could get 47, it would be helpful. This Bill is permissive in its language and it's not mandatory. We're not mandating this transfer tax, but we're allowing local governments the ability, in particular Lake County where the housing commission asks that we sponsor this Bill, the ability to raise their taxes. As some of you may or may not know, with the new federal legislation dealing with affordable housing, there will have to be a match on a local level in terms of acquiring those federal dollars. And I'd appreciate any favorable...any 'yes' votes that we could get on this Bill."
"Mr. Morrow."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I also rise...rise in favor of House Bill 1156. For those who don't know, Representative Turner is the father of the...Housing Trust Fund, which created a pool of money...moneys to...for home...ownership made easy. Representative Giorgi just reminded me. And it's allowed a lot of people who would otherwise not be able to afford...adequate housing to tie into a fund in order to provide low income and affordable housing for many of the residence of this state. So, I would urge some more green votes so we can get to 47, at least. I'd like to see enough green votes to get to 60, but we'd like to keep this issue alive. Representative Turner has worked hard on this issue; and as we all are aware. housing is a crisis in this state. It knows no boundary, it knows... It goes beyond race and everything else, so I would urge some more green votes on this. And home-rule communities can decide whether or not they can...tie into House Bill 1156." 118 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 48th Legislative Day
"Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 25 'ayes'; 81 'noes'. House Bill 1156, having failed to receive...having failed to receive the Constitutional Majority, is hereby declared lost. Mr. Meyer, for what reason do you rise?"
"Thank you, Mr. Speaker. I would just ask that...for the record to reflect on 2307 that I would have voted 'yes'."
"And the record will so reflect. House Bill 1161. Read the Bill, Mr. Clerk."
"House Bill 1161, a Bill for an Act concerning adoption. Third Reading of the Bill."
"Representative Dart."
"Thank you, Mr. Speaker and Members of the Assembly. House Bill 1161 has been the product of a lot of discussions between the numerous groups, the adoption groups, as well as the insurance agencies. Right now, it is the...product...is an agreement between the insurance agency and ourselves. Basically, what it does is that it provides more access to adoptions for individuals of middle income so that they can, in fact, afford to adopt a child."
"And, on that Motion, Representative Wennlund."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Yes."
"Did the insurance industry sign off on this, Representative?"
"Yes, Representative Wennlund. They wrote this."
"They wrote the Bill?"
"They wrote the insurance parts of the Bill. It's... It's their draft."
"Was that Amendment #3?"
"Yes, exactly." 119 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
"Is anyone else opposed to it?" April 23, 1993
"Not that I'm aware of. They were the only opposition."
"The Illinois Manufacturers' Association. They weren't opposed to it?"
"...Not that I was aware of, no nobody else has voiced any...opposition in committee or whatsoever, other than the insurance industry who we sat down and talked with and we came up with this...this sort of an agreement as to what we want to do with. There's still some negotiations going on with it. But this is their draft."
"Okay. Thank you very much."
"Mr. Hoeft."
"Thank you, Mr. Speaker. This is a critical Bill in that we have been dealing with the negative aspect of this..."
"Are you in favor of the Bill? Are you in favor of the Bill?"
"I am in favor of the Bill."
"The question is, 'Shall House Bill 1161 pass?' All in favor vote 'aye'; opposed vote 'no'. Representative Kaszak."
"I just wanted to explain my vote. I am very supportive of this Bill. I think...parents who adopt children who have some medical complications at birth, should have that coverage...those charges are covered by their insurance policy."
"Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 108 'ayes': 'nays'. House Bill 1161, having received the Constitutional Majority, is hereby declared passed. House Bill 1236. It's on Second Reading. Are there any Amendments?"
"Floor Amendment #1, offered by Representative 120 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day Steczo."
April 23, 1993 "Mr. Steczo. Mr. Hoffman. All right. Mr. Steczo, on Amendment #1."
"Thank you, Mr. Speaker, Members of the House. Amendment #1 is...is an agreed-to Amendment that addresses the question of mobile homes, and I move for its adoption."
"The question is, 'Shall Amendment #1 be adopted?' Put that on the board, Mr. Clerk. All in favor vote 'aye'... All in favor say 'aye'... Representative Younge."
"Is there a fiscal note filed?"
"The question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it. The Amendment's adopted. Representative Younge wants to know if a fiscal note has been adopted. Has...has been requested." Clerk Rossi: filed."
"A fiscal note has been requested and has not been "Representative Biggert."
"Thank you, Mr. Speaker. I am joined by seven other colleagues under Rule 10(e) and...request to take this Bill off Short Debate."
"Fine."
"Thank you." "Representative Steczo." I
"Mr. Speaker, inapplicable in this instance."
"All in favor of the Gentleman's Motion, vote vote 'no'. Representative Younge to move that the fiscal note act is 'aye'; all opposed explain her vote."
"This is a serious Motion to have the fiscal note apply. This...situation involving...involves the attempt to charge 121 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 property owners for the...sewer bills of tenants, and...and it...the effect that it would have on a villages' municipal affairs calls for a fiscal note."
"Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are... Did you wish to explain your... No one has their light on. On this Motion, there are... Representative Steczo does. Mr. Steczo."
"Mr. Speaker, just to explain my vote about the inapplicability of the fiscal note. The fiscal note is...is...is a procedure where we determine what the cost is to the State of Illinois. There is no cost to the State of Illinois relating to this issue. That's the reason for my Motion."
"On this Motion, there are 47 'ayes'... All right, Representative Currie votes 'no'. Representative Schakowsky votes 'no'. Representative Flinn. Mr. Flinn."
"Mr. Speaker, this affects my area very much, and there's no cost to the state, whatsoever. There is simply... There was a judicial ruling that did not require that the sewage treatment plant could not charge a landlord for...paying the treatment bill if a tenant didn't pay it. It has nothing to do with state funds; nothing whatsoever. And I don't know why we couldn't vote more green votes up there and recognize the facts of life that it does not cost the state anything.
"All right. Mr. Homer votes 'aye'. Mr. Curran votes 'aye'. Mr. Hoffman..."
"Thank you, Mr. Speaker."
"The Motion is whether or not the note is applicable."
"I understand, Mr. Speaker. This... As Representative 122 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day Flinn says, this has absolutely nothing to government."
"You're voting 'no', Mr. Hoffman."
"Change... Change me, Mr. Speaker." April 23, 1993 do with state
"That... That was the first speech you were gonna give."
"Yes. Just in case of an emergency, I...I can always change it."
"Yeah."
"Thanks, Mr. Mautino, for voting me 'no'. It has absolutely nothing to do...absolutely nothing to do with state government. A fiscal note is simply...is simply for that. State government. There'll be absolutely no cost, no cost. All we need is a majority vote here, in order to hear this Bill. You wanna vote against the Bill, fine. But let's have a fair hearing on the Bill."
"Mr. Stephens."
"Mr. Speaker, I...I have a similar seatmate, and having seen the light, I think Representative Hoffman and Flinn are correct. I...I would like to see a few more green votes, if we can..."
"All right. Mr. Stephens votes 'aye'. Mr. Black."
"Mr. Speaker, many people are yelling at me, and I...I haven't felt good all week. I didn't file the fiscal note. A Member of your side of the aisle filed the fiscal note, so they're coming over here and asking me to withdraw it. I can't do that. I didn't file it. Thank you."
"Mr. Edley votes 'aye'. Mr. Balthis."
"Mr. Speaker, Ladies and Gentlemen, I think we have an issue here that's somewhat misunderstood, and I think...local governments provide services to...to people that own property, and those people that get rent from 123 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 those properties, then they have to be responsible for that property. I think it's time that the landlord who gets money from people are responsible for that, and I think we should allow local governments to charge the property owner for the services provided to his property to make a profit."
"Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 50 'ayes',63 'noes', and the Motion fails. The Bill stays on Second Reading until a fiscal note is...supplied. House Bill 1302, Mr. Skinner. The Bill's on Second Reading. Are there any Amendments?"
"Floor Amendment #2, offered by Representative Skinner."
"Mr. Skinner."
"The State Bar Association suggested that we ought to allow...children to have an out-of-state vacation for 45 days instead of 30 days. This changes...this makes that change. I ask for its adoption and immediate consideration of the Bill"
"The question is, 'Shall Amendment #2 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Mr. Skinner, give us two minutes. We'll get right back to it. Mr. Novak, on 1440. The Bill's on Second Reading. Are there any Amendments?"
"Floor Amendment #1, offered by Representative Steczo."
"Mr. Steczo. Steczo. Mr. Novak. Steczo."
"Mr. Speaker, Members of the House. I'd move for the adoption of Amendment #1 to House Bill 1440. This, too, is 124 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 a...is a...is language that was negotiated this week with regard to...beer distributors and brewers. There are a couple of issues in question which will be resolved in the Senate. Until that happens, it's been agreed that this Bill should move. So, I would move for the adoption of Amendment #1."
"The question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye'; opposed 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 1440, a Bill for an Act amending the Beer Industry Fair Dealing Act. Third Reading of the Bill."
"Representative Biggert, on a 'do pass; Motion."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Yes."
"Representative, I just had received some communication from...some of the industry in my area saying that...that they were...opposed to this. Have you negotiated with them recently, or...is there still opposition to your...to your Bill?"
"Mr. Steczo."
"Mr. Speaker, in answer to the Lady's question, we finished the discussions about an hour-and-a-half ago. So I'm not sure when you got the message, but...the discussions are still continuing because there's a couple items that are at issue, and the agreement was to move this Bill to the Senate and continue working on those couple items in dispute in the Senate in hopes of coming up with an agreement."
"All right. Thank you. This discussion was yesterday."
"Today. And yesterday." 125 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 48th Legislative Day
"No, my discussion."
"Okay. Thanks."
"Has this... Bill been read a Third time?"
"The Bill has been read a Third time."
"The question is, 'Shall House Bill 1440 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Mr. Brunsvold. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 91 'ayes' and 5 'noes'. House Bill 1440, having received the Constitutional Majority, is hereby declared passed. House Bill 1302. Mr. Clerk, read the Bill."
"House Bill 1302, a Bill for an Act amending the Illinois Marriage and Dissolution of Marriage Act. Third Reading of the Bill."
"Mr. Skinner."
"Mr. Speaker, this is a Bill...which...is a recognition in having a child moved out-of-state is a profound change of circumstances for the child. It suggests that when a petition to move a child out-of-state is granted, that for a period of 21 days, the non-custodial parent shall have the opportunity to file a...for a change of custody unless the movement out of state is approved by both parents. Secondly, that the non-custodial parent can file for a change of custody if the child is taken out-of-state for over 45 days, assuming that during that 45 days, this has interfered with visitation."
"Mr. Granberg, on the 'do pass' Motion."
"Will the Gentleman yield?"
"Yes."
"Representative Skinner, as the Bill is amended, you increased that time period from 30 to 45 days."
"Yes." 126 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993
"I don't believe you had any opposition to the 30-day period in committee, is that right?'
"One...one of the Bar Association...representatives indicated that...asked a question about a six-week summer vacation, so I decided they want six weeks, let 'em have 45 days."
"So, they had opposition to the six-week period, so you amended the Bill to 30 days."
"Correct...no, I amended...I amended it from 30 to 45."
"Now it... Would the Bar Association then have opposition to that 45-day period?"
"I don't believe so."
"For the Members, could you just walk through a hypothetical where this would happen. Give them an example of how this would works with the petition and the non-custodial parent."
"All right. The custodial parent decides that he or she wishes to move out of state with the child, the judge agrees. There's a 31 period...a 31...excuse me, a 21-day period during which the non-custodial parent has the ability to file for change of custody based on the change of condition. During that 21-day period, a child may not be taken out of the state."
"Are any of the groups... That was the only opposition to the Bill in committee was the Bar Association? And now they've removed their objections?"
"Well, I...I'm afraid I can never tell when the Bar Association removes its objection. They seem to have a rolling objection to... It wasn't this Bill, but different people speak for the Bar Association. I... frankly, I don't know who speaks for the Bar Association."
"All right. Thank you, Representative." 127 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 48th Legislative Day
"The question is, 'Shall House Bill 1302 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 104 'ayes' and 2 'noes'. House Bill 1302, having received the Constitutional Majority, is hereby declared passed. House Bill 1253, Mr. Steczo. Read the Bill, Mr. Clerk. 1532. (House Bill) 1532."
"House Bill 1532, a Bill for an Act regulating the practice of industrial hygiene. Third Reading of the Bill."
"Mr. Steczo."
"Thank you, Mr. Speaker, Members of the House. House Bill 1532 is a Title Protection Act that provides protection for individuals who are industrial hygienists. These are people that provide for safety in the workplace in environmental issues relating to such things as asbestos, radon, chemical emissions, air quality, et cetera. This Bill... They would be licensed by the Environmental Protection Agency who, I believe, has agreed to have...have them licensed under their jurisdiction. In addition to that, it does provide for the initial dollars, although that the advance fee can be provided before...before the licensure actually goes into effect. Mr. Speaker, I would...I would answer any questions; and, if not, would ask for an affirmative vote on House Bill 1532."
"On the Motion 'do pass', Mr. Black."
"Thank you very much, Mr. Speaker. An inquiry of the Chair. Amendment #1 been adopted to the Bill?"
"Mr. Clerk?"
"Amendment #1 has been adopted to the Bill."
"Thank you. Ladies and Gentlemen of the House, listen to me carefully. Amendment #1 removes the objection of the Department of Public Health. Amendment #1 removes the 128 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day objection of the Governor. Amendment April 23, 1993 #1 removes the objection of anybody else I can think of. Vote 'aye'."
"The question is, 'Shall House Bill 1532 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 108 'ayes' and 3 'noes'. House Bill 1532, having received the Constitutional Majority, is hereby declared passed. House Bill 1565. It's on Second Reading. Are there any Amendments?"
"Floor Amendment #1, offered by Representative Kotlarz."
"Mr... Representative Kotlarz. Mr. Kotlarz. Mr. Schoenberg, for what reason do you rise?"
"When this is presented, I want to speak in opposition to Amendment #1."
"And the Gentleman's not here, so... Mr. Kotlarz is not here. Take this Bill out of the record. Mr. Lang, 1575. Read the Bill, Mr. Clerk."
"House Bill 1575, a Bill for an Act concerning condominiums. Third Reading of the Bill."
"Representative Lang."
"Simply stated, House Bill 1575 is the Chicago Bar Association Condominium Bill. Several provisions, all agreed. Representative Levin, the resident condo expert, has signed off on it, and I ask passage."
"The question is, 'Shall House Bill 1575 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all... Representative Levin."
"I just wanted the record to reflect that I do represent both condominium associations and unit owners."
"Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 106 129 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 'ayes' and 1 'no'. House Bill 1575, having received the Constitutional Majority, is hereby declared passed. House Bill 1576. Read the Bill, Mr. Clerk."
"House Bill 1576, a Bill for an Act to prevent access by children to...to tobacco products. Third Reading of the Bill."
"Mr. Dunn."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is...is now agreed by all interested parties and provides for the mechanism to comply with the federal Amendment to capture some block grants. And I ask for your vote on this Bill."
"The question is, 'Shall House Bill 1576 pass?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 108 'ayes', 0 'nays'. House Bill 1576, having received the Constitutional Majority, is hereby declared passed. House Bill 1565, on Second Reading. Amendment... Any Amendments?"
"Floor Amendment #1, offered by Representative Kotlarz."
"Representative Flinn asks leave to handle the Amendment. Mr. Flinn."
"I move the adoption of Amendment #1."
"You'll have to explain it. We have a number of people that would like to speak against it."
"Well, you'll have to wait till I read it first. Okay. All right. Here it is. The Amendment replaces everything and becomes the Bill. It amends the Insurance Code, reduces the mandated health insurance benefits for the treatment and diagnosis for infertility. And that's what it does."
"For what?" 130 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
"For infertility." April 23, 1993
"On that Motion, Representative Wojcik."
"Mr. Speaker, I rise in opposition to this Amendment. Though I have great respect for the Sponsor, I'm shocked that this would even try to go through today. There's been no discussion. We have not been consulted on this. And after the hard work that we went through to get the in vitro fertilization insurance last year, we haven't even tested this. We don't know the true cause, and I think to put a cap on it today is wrong, and I would ask the Members of this Assembly to listen to what they're doing. This is an in vitro fertilization request that you cap. You cap the fertilization for women who cannot get pregnant. As some of you were here last year and the year before, we worked very hard on this. We talk about it being a pro-family Bill. There's a lot of things out there that we try not to have pro-family, but these women are trying to have children. It is now an Act. It is law, and they're trying to bring it down to a $15,000 cap; and so, therefore, I ask you not to vote for this Amendment."
"Does anyone rise in support of the Amendment? Anyone? All right, the question is, 'Shall Amendment #1 be adopted?' All in favor say 'aye'; opposed, 'no'. Amendment's... The Amendment's defeated. Mr. Kotlarz, we apologize. Wherever he is. Further Amendments?"
"No further Amendments."
"Third Reading. Read the Bill, Mr. Clerk."
"House Rill 1565, a Bill for an Act concerning reimbursement to the medical care providers. Third Reading of the Bill."
"Mr. Flinn, did you want to handle the Bill? Mr. Flinn." 131 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993
"Hang on just a second. No, without the Amendment, it's just a shell Bill. If you want to pass that out, go for that."
"Let's just take it out...take it out of the record. Mr. Ryder, 1678. The Bill is on Third Reading. Do you want to return this to Second Reading? The Gentleman asks leave to return it to Second Reading. Leave is granted. Are there any Amendments?"
"Floor Amendment #3, offered by Representative Ryder."
"Mr. Ryder."
"Thank you, Mr. Speaker. Floor Amendment #3 becomes the Bill. It contains some changes in the child support guidelines according to statute and some other changes...which are increases concerning what items of income can be considered. I'd be glad to answer any questions."
"Mr. Wennlund."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. You better take a real serious and close look at this Amendment. What it does is it increases substantially the child support..."
"Just a minute, the Chair's error. The Gentleman asked leave to return this to Second Reading. I thought that happened. Leave is granted. The Bill's on Second Reading. We're on Amendment #3, that's presented by Mr. Ryder; and, in opposition, Mr. Wennlund."
"We'll deal with it on Third."
"All right. The question is, 'Shall Amendment #3 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it, and the Amendment's adopted. Further Amendments?" 132 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993
"Floor Amendment #4, offered by Representative Ryder."
"Mr. Ryder."
"Thank you, Mr. Speaker. Floor Amendment #4 creates a fiduciary duty to expend court ordered child support payments for the benefit of the child."
"The question is, 'Shall Amendment #4 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'noes' have it, and the Amendment's defeated. Further Amendments?"
"Floor Amendment #5, offered by Representative Ryder."
"Mr. Ryder."
"Thank you. Floor Amendment #5 adds language indicating that expenses related to visitation of parenting time with a child are to be considered."
"The question is, 'Shall Amendment #5 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'noes' have it, and the Amendment's defeated. Further Amendments?"
"No further Amendments."
"Third Reading. Give us two minutes to get back to this, Mr. Ryder. The Bill's on Third Reading. Representative Currie, on 1814. Read the Bill, Mr. Clerk."
"House Bill 1814, a Bill for an Act amending the Illinois Public Aid Code. Third Reading of the Bill."
"Representative Currie."
"Thank you, Speaker and Members of the House. This is a program to help the Department of Public Aid help us enforce the child support orders. It will just provide for increased opportunities to inform the department when the...when the...custodial spouse has information about 133 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 where the owing spouse might be. Provides an effective interface between the individual owed child support and the bureaucracy. The department stands in support of this Bill, and I'd appreciate your support."
"The question is, 'Shall House Bill 1814 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 110 'ayes' and 0 'nays'. House Bill 1814, having received the Constitutional Majority, is hereby declared passed. House Bill 1678. Read the Bill, Mr. Clerk."
"House Bill 1678, a Bill for an Act amending the Illinois Marriage and Dissolution of Marriage Act. Third Reading of the Bill."
"Mr. Ryder."
"Thank you, Mr. Speaker. Amendment #3 becomes the Bill. It does change by increasing some of the levels of child support according to the statutes. It doesn't make other changes in the law, as to what items of income can be considered and other circumstances. It is the result of negotiations by several parties concerning the Bill. I would be glad to answer whatever questions that might be offered."
"Mr. Wennlund, on the Bill."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a Bill you better pay attention to and you better be aware of. What it does is in Illinois child...support shall be determined by the following guidelines which are a percentage of your income. It increases the guidelines in this fashion: If you have one child, there's a 15% increase; if you have two children, there is a 28% increase in the child support the people in 134 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 Illinois would be paying; and if you have three children, there is a 19% increase, 19% increase. Now, remember at the same time, that each time the person who pays child support gets a raise, that percentage picks up the increase, so there is an increase built in, and they can be modified. But there's something else you better...something else in here that's even more important. It requires the courts, in addition, in addition to these guidelines... For instance, under the Amendment, if you had three kids, you'd pay 38% of your net income in child support; if you had two, you'd pay 33%; if you had one, you'd pay 23%. Now, let me just say...let's say you have a constituent that makes $100,000, gotta one child, one-month old, you're going to pay $23,000 in child support for a one-month old child. Now, if you have two children, you're going to pay $33,000 a year in child support. Child support alone, if you had a net income of $100,000. On top of that, on top of that, the court is to consider your assets. And here's what happens: The reason that's there in a suttle fashion is so the court can impute income. Let's say you own a farm; let's say you own 300 acres. That 300 acres only brings in $20,000 a year in income from the crops; however, it may be valuable property in a development area and it may be worth $10,000 an acre. The court can then say to you, 'You're just keeping that asset and keeping your income down. If you had sold it, you would have had a million dollars in cash and you'd be earning $60 or $70,000 a year, so we're gonna base your income on that, in addition to the child support guidelines. Now, (and if that weren't bad enough) there's imputed income. So, the courts will have the authority to impute income based on your assets. Something else in 135 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 here: In the event that you decide to retire, take it easy, and the court...and if your spouse...ex-spouse thinks what you're really trying to do is avoid the payment, then the court can say, 'Wait a minute, you're gonna have to pay anyway and we're gonna imply the old income and not the lesser income that you're doing it'. So, you gotta be careful of that. It, also, has a provision in here for supplemental child support, and if your ex-spouse thinks that your child should go to a fancy day-care center, you can be ordered to pay for that in addition to it or a private school or to have some particular kind of training. The court can order you to pay for that. There are a lot of things in this Bill that were not explained to you, and I'm telling you, you better be careful on how you vote for it because there are some real tricky things in here that are gonna drastically increase your support obligations and the obligations of...of your constituents. So, take a good look at that before you vote on it."
"Mr. Johnson." Johnson, Tim: "Like any other issue that's multi-faceted and is a result of compromise, this Bill contains many of the things that Representative Wennlund refers to that might or might not cause people concern. But it, also, contains a number of things...all in one Bill...that have been the subject matter of discussion and debate for many years that are real good. There are...recognition of the serial family dilemma that our child support law has found itself in for a number of years. It has provisions with respect to higher educational expenses that provide a more meaningful interpretation of Section 513 of the Marriage and Dissolution of Marriage Act. It allows increased deductions or a variety of deductions away from income that 136 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 conform the law to the realities of a business operation. It contains a limitation on some of the excess orders that have been misinterpreted by the courts and specifies the law in that area. It, also, contains responsibly, I think for the first time, a provision that says parties can get together with respect to modifiability and act in the best interest of the child and the court can enter orders based on that. It adds...sections with respect to removal of a child from the state and prevention of information being conveyed that can be harmful to the child. It provides guidelines with respect to voluntary reduction of income...without valid reason that really make a lot of sense, too. So, Representative Wennlund really raises some good points, but there's also some overwhelmingly good points about this Bill that are addressed as well, including increased guidelines at some income levels where it makes sense. And so, with not merely mixed emotions, but a bigger picture of a Bill that's been the discussion...the subject of discussion for many, many, many years, this is a product, I think, that everybody can be proud of. It's a result of input from the Department of Public Aid, from some of the women's organizations, from the Bar Association, from individuals who've come at it from the other side of the issue. And I...would urge Members of the chamber, however you feel about the general subject matter, to recognize that this Bill has really put us in the probably the most progressive state in the union with respect to about 12 subject matters, and I urge a 'yes' vote for this Bill."
"Mr. Hicks. Representative Lindner."
"Thank you, Mr. Speaker. Yes, to the Bill. I, too, would support this Bill. It has been worked on and it is 137 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 agreed upon by the Illinois State Bar Family Law Committee and the Illinois State Bar supports this. We must remember that child support is to come from all sources. We initiated these guidelines, I think, approximately five or six years ago. Certainly, the cost of living has gone up since then. These support guidelines have not gone up since then. Every study shows that Illinois is way under every other state in their child support guidelines, and I would urge support for this Bill."
"The question is, 'Shall House Bill 1678 pass?' All those in favor vote 'aye'; opposed vote 'no'. Mr. Salvi."
"I'm voting 'yes' on this. We have to remember...we have to remember, also (and I agree with Tim Johnson's comments), that...the individual paying support has the right to claim an income tax deduction, also, for the amounts that he's paying and I strongly support this, and I'm voting 'yes'."
"Mr. Novak."
"Yes, Mr. Speaker. I intend to support the Bill, but I think I need to clarify the previous speaker's explanation. You can't claim an income tax deduction on child support, only on income maintenance."
"Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there are 78...there's 80 'ayes', 13 'noes'. House Bill 1678, having received the Constitutional Majority, is hereby declared passed. House Bill 1818, Mr. Skinner. The Bill's on Third Reading. Read the Bill."
"House Bill 1818, a Bill for an Act to amend the Illinois Highway Code. Third Reading of the Bill. Mr. Skinner. Mr. Electrician." 138 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993
"Mr. Speaker, House Bill 1818 makes it clear that the Department of Transportation can not interfere with signs that do not interfere with vehicular or pedestrian traffic."
"Does anyone stand in opposition? The question is, 'Shall this Bill pass?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there's 108 'ayes', 0 'nays'. House Bill 1818, having received the Constitutional Majority, is hereby declared passed. House Bill 1926, Representative Martinez. Is he there? Yes. Read the Bill, Mr. Clerk."
"House Bill 1926, a Bill for an Act creating the Tax Preparers Act. Third Reading of the Bill."
"Representative Martinez."
"Thank you, Mr. Speaker, Members of the House of Representatives. House Bill 1926 has been debated in committee and also on Second Reading."
"Does anyone stand in opposition to this Bill? All right, Mr. Skinner."
"Well, Mr. Speaker, what is this, the sixth licensing Bill we've passed in the last week? Why don't we just say that everyone has to be licensed by the State of Illinois to live in the State of Illinois?"
"Representative Murphy." Murphy, M.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the General Assembly. Once again I rise in opposition to this Bill, not just because of another licensing, but all this Bill will require is anybody to send in $50 and they are licensed. It does not set forth criteria guidelines, testing or continuing education. The consumer will be lulled into the belief that the State of Illinois 139 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 registered a credible, educated tax preparer. The Act does not call for anything more. This is one of those merely, merely send in $50 and you will be given the approval of the State of Illinois. That's how it will appear to the consumer. I urge you no matter how much you hate taxes and no matter how much you want to use tax preparers, this does nothing for the consumer."
"Mr. Ryder." Murphy, M.: "Please vote 'no'."
"Thank you, Mr. Speaker. It is my understanding that the Sponsor has indicated that he will work with the Senate in order to accommodate some of the things that the previous speaker just eluded to; and, based on his word, I would support him in that effort."
"...'Shall House Bill 1926 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Representative Granberg."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. As Representative Ryder indicated, Representative Martinez is very well-intentioned with this Bill. He's concerned about consumers and he has promised to work with all the groups involved on this legislation, so I merely ask that you give the Gentleman enough votes to move this Bill over to the Senate where they can continue to work on the concerns expressed by Members of this Body. The Representative is very well-intentioned. He wants to work with all the groups. Let's please give him that opportunity to do that. Let's get the Bill over to the Senate. Representative Ryder is correct. We can all work on this, and we'll get this ironed out, we have to work on an agreed Bill."
"Have all voted? Have all voted who wish? Have 140 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 all voted who wished? The Clerk...will... Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 62 'ayes', 50 'noes'. House Bill 1926, having received the Constitutional Majority, is hereby declared passed. House Bill 1939 is on Second Reading. Are there any Amendments?"
"No Floor Amendments have been filed."
"Third Reading. Mr. Steczo. Read the Bill, Mr. Clerk."
"House Bill 1939, a Bill for an Act in relation to employment training. Third Reading of the Bill."
"Mr. Steczo."
"Thank you, Mr. Speaker, Members of the House. House Bill 1939 is legislation modeled after similar initiatives in New Jersey and Iowa, that provide unemployed individuals with...with various degrees of training. This Bill had the...the language that related to the implementation costs taken out, so presently it is just a Bill that establishes the panel and the direction for such employment training. I'd answer any questions, Mr. Speaker. If not, I move and I ask for a 'yes' vote."
"All right. Who wishes to talk, Mr. Black or Mr. Parke? Mr. Parke."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. One of the things that we have about the committee process is that there is supposed to be a working relationship in committees and that a Bill is supposed to be heard on its merit and that there is supposed to be testimony; and, quite frankly, this Bill was not heard in committee. It was pushed out on a partisan initiative without anybody allowed to testify. There were not witnesses, no opponents, no proponents. They pushed out at 141 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 the last minute, and I would just simply say that this is an embarrassment to the process. The Sponsor did not have much to do with this, but it was done that way and I would just like to say, 'We should not vote for this on our side on our side...on our side, simply because this was an embarrassing way of handling a committee process. And so I would ask that our side of the aisle send a message to the other side that we won't tolerate this, that the committee process has a system. It ought to be taken. It ought to be allowed, and Members ought to have an opportunity to ask questions; and, SO for that in itself, I would ask our Members not to vote for this and to vote 'present' on this Bill, just to show our displeasure with this legislation."
"Representative Steczo, to close."
"Thank you, Mr. Speaker. In response to the Gentleman, while I was not at the particular committee hearing where this event took place, the fact is that we did have an opportunity to meet with those people that would have been in opposition to this Bill. Their complaint was that the...the mechanism, the tax mechanism that was in the original Bill, which has since been taken out, so I would...I would suggest to the Gentleman from the other side, that while maybe there was a problem in committee, there certainly were problems which were addressed after the committee hearing. This Bill, however, is patterned after that legislation which has done very much for worker training programs and those displaced workers and workers needing retraining in those other states. This will be, hopefully, a prototype. I don't want to see any dispute that happened in committee rob our workers of the efforts to be retrained so they could provide fruitful livings for their families, so I would encourage everybody on this side 142 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day and that side to vote 'yes' on this Bill." April 23, 1993
"House Bill 1939. The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 66 'ayes', 39 'noes'. House Bill 1939, having received the Constitutional Majority, is hereby declared passed. House Bill 2010, on Second Reading. Are there any Amendments?"
"Floor Amendment #2, offered by Representative Cross."
"Representative Cross."
"Mr. Speaker, the Amendment becomes the Bill. It's an agreed Amendment between IEA and the Illinois School Alliance along with the Illinois Chiefs Association. It simply requires that each school district shall work with local law enforcement, their local law enforcement agency to develop and maintain a reciprocal reporting system between the school district and law enforcement criminal offenses committed by students." concerning
"The question is, 'Shall Amendment #2 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Let us read, this and we'll get right back to you. Representative Saviano, 2036, on Third Reading. Mr. Clerk, read the Bill."
"House Bill 2036, a Bill for an Act amending the Minimum Wage Law. Third Reading of the Bill."
"Mr. Saviano."
"Thank you, Mr. Speaker, Members of the General 143 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 Assembly. This Bill is an effort that was initiated by the Department of Labor to streamline a process and cut out the red...red tape in going after businesses that violate the Minimum Wage Law. ...We have gone through some negotiations to come up with an Amendment and have yet we haven't. ...I would ask that this Bill be allowed to go on to the Senate. I've got a commitment from the agency not to proceed with the Bill unless we have an agreement between the Department of Labor, the AFL-CIO and management. I ask for a 'do pass'."
"Mr. Parke."
"Thank you, Mr. Speaker. We concur with the Sponsor this in that there will only be any action taken on that..."
"All right, then..."
"With agreement between labor and business."
"The question is, 'Shall House Bill 2036 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there is 109 'ayes', 0 'nays'. House Bill 2036, having received the Constitutional Majority, is hereby declared passed. Mr. Balanoff."
"Yes. Yes, Mr. Speaker, this..."
"Give the Gentleman your attention for just a second."
"Can I please..."
"Can we have a little silence please? Could we have some silence for just a minute?"
"Ves. I ask everyone's attention to ask that we all join in in observing a moment of silence on the death of a great union leader and somebody that was a personal very close friend of mine, personal friend of mine, a person I worked very closely with on a number of projects. The head 144 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day of the United Farm Workers passed away today, Ceasar Shavez." April 23, 1993
"All right, thank you, Mr. Balanoff. House Bill 2010. Read the Bill, Mr. Clerk."
"House Bill 2010, a Bill for an Act to reduce crime in schools, by requiring the reporting of offenses to police. Third Reading of the Bill."
"Mr. Cross."
"Mr. Speaker, as I said, it's an agreed Amendment and an Agreed Bill between the IEA, School Alliance and Chiefs Association. I'd ask for everyones' 'aye' vote and welcome any questions."
"The question is, 'Shall House Bill 2010 pass?' All those in... Representative Davis."
"Will the Sponsor yield?"
"Yes, he will."
"May I ask, who is to do the reporting of the crime? Is the principal supposed to do it? Is the teacher supposed to do it?"
"Mr. Cross."
"It is up to each school district how they want to implement the policy. There is no, according to the Bill, at this point or the Bill does not provide who reports or who does not report. That's up to each local school district and law enforcement. They can develop any policy that they wish."
"So, are you stating that school children should have police records?"
"It is not of matter of even charging people, it is just a matter of communicating between law enforcement and schools, crimes that are committed either at the school or outside the school, either when law enforcement knows, they 145 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 need to share that information with the schools involved and vice a versa and the school might share information with law enforcement. That doesn't mean the law enforcement will necessarily charge them. It's just a reporting mechanism."
"Oh, you're saying that even though this crime is reported to the police department, there may be no arrests made or any court action. It's just a matter of keeping a record on these children who commit some kind of crime?"
"It is entirely..."
"Do you have a list of the crimes we're talking about, are we talking about stealing chalk?"
"There's no list at all."
"Using someone else's lunch pass?"
"There's no list at all."
"Which...which crimes are you talking about?"
"Any crime that the school district and the law enforcement agency wants to put together or implement in their the plan, they can include. Right now there is no specific crimes."
"In other words, you don't have a list of what these crimes might be. For example, carrying a weapon, not doing your homework, there's no list of what the crime...it's determined by the teacher or the principal?"
"It is going to be determined by the local school districts and local law enforcement. The City of Chicago may wish to implement a...a different policy than a downstate school."
"Does your Bill state that?"
"It says that each school district shall implement along with law enforcement, whatever policy they want and it's in the discrepancy of..." 146 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993
"Don't they already do that, Representative?"
"No."
"Don't school districts... Well, I think they do. I think school districts today have certain kinds of relationships with police. For example in Chicago, I think in every high school, we have a police officer on duty and... I think if they're very bad crimes, the police do decide to take the person to the station and have a conviction or an arrest, I should say, have an arrest made. I really think that we should not clog up the work that policemen have to do with crimes that some educator has decided should be reported to the police. If it's bad enough to be reported to the police, then it should be a police call and action should be taken against that student. I don't think we should make frivolous those things that are serious and we should not make serious those things that are frivolous. I think this is a 'no' vote."
"The question is, 'Shall House Bill 2010 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there is 105 'ayes', 2 'noes'. House Bill 2010, having received the Constitutional Majority, is hereby declared passed. House Bill 237... Representative Moseley intended to vote 'aye'. Representative Moseley intended to vote 'aye' on House Bill 2010. The record will so reflect. Representative Giolitto intended to vote 'aye' on House Bill 2010. The record will so reflect. Mr. Kubik, 2372. It's on Second Reading. Are there any Amendments? Any Amendments?"
"Floor Amendment #1, offered by Representative Kubik."
"Mr. Kubik." 147 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 narrows the Bill to include those...those, just those who have disabilities, physical disabilities. I move its adoption."
"The question is, 'Shall Amendment 2... Amendment #1 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Read the Bill, Mr. Clerk."
"House Bill 2372, a Bill for an Act amending the Criminal Proceedings Interpreter Act. Third Reading of the Bill."
"Representative Kubik."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. ...This Bill is now in the form which there is no opposition to it. The county has removed their opposition. This provides for interpreters for those who are...have hearing impairments or language impairments, and I would appreciate your support."
"The question is, 'Shall House Bill 2372 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there is 100...112 'ayes', 0 'noes'. House Bill 2372, having received the Constitutional Majority, is hereby declared passed. House Bill 2392 on Third Reading. Read the Bill."
"House Bill 2392, a Bill for an Act concerning caregivers for the elderly and disabled. Third Reading of the Bill."
"Representative Schakowsky."
"Thank you, Speaker. Ever since the moment that this 148 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 Bill passed the Aging Committee with near unanimous bipartisan support, Members from both sides of the aisle, have been working hard along with me sponsoring the current form as Representative Balthis and Representative Deuchler. The purposes of the Bill are; one, to assure that senior citizens and persons with disabilities will have access to home-care services offered through the Department on Aging and DORS. These are cost-effective services; and, two, to assure that the workers who have been under-valued, who do some of the most saintly work in our society, who are the second lowest paid in the nation, will be given a rate increase. This Bill does not specify any particular level of rate increase; and three, that the agencies who hire these workers can afford to stay in business, 26 of them have terminated contracts with the state because our rates are SO low. Now, House Bill 2392 originally called for a 20% rate adjustment for home-care and personal attendance home-care workers, but we took that out, just to say, to acknowledge that those rates need to go up. There's enormous bipartisan support, and I urge this Body to send a message that we have to do something to bring these workers to a dignified reasonable wage, and I urge the support of this Body."
"Mr. Balthis."
"Thank you, Mr. Speaker. I rise in support of the Amendment. There is no amount specified in this Amendment. It specifically says that we believe that these people provide a very necessary service and one that I sincerely believe is going to save the state money in the long run. So, there is no dollar amount in this Amendment. It is merely a statement that we believe these people deserve more money, and I encourage your support." 149 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 48th Legislative Day
"Mr. Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. To the Bill. There seems to be some confusion. I'm looking at our file and it shows anywhere from a $3.5 million to $5 million cost in the out-years. There's ambiguous language in the Bill, so it's really difficult to determine the exact fiscal impact. DORS is not opposed to giving these people pay increases; however, they notice there is no proper increase in funding that accompany this Bill. DORS will continue to work with the Sponsor, but until funding must...but until funding can be found to implement this raise, DORS will stand in opposition in order to protect its clients. Thank you."
"Mr....Mr. Lawfer."
"To the Bill, Mr. Speaker. Representative Black is correct. Department of Aging has a fiscal impact estimate of $3.5 million to $5 million, but I do believe the...language in the Bill is good policy. I think it shows the importance of rewarding those people that continue to do good work both in the Department of Aging and the Department of Rehabilitation. Thank you."
"The question is, 'Shall House Bill 2392 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 100 'ayes' and 7 'noes'. House Bill 2392, having received the Constitutional Majority, is hereby declared passed. House Bill 2399. Read the Bill, Mr. Clerk."
"House Bill 2399, a Bill for an Act to amend the Juvenile Court Act of 1987. Third Reading of the Bill."
"Read the Bill, Mr. Clerk. All right, the Bill's been read. Mr. Gas...Representative Gash." 150 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
April 23, 1993 "House Bill 2399, provides that in juvenile court cases, the court shall act as the ultimate guardian of the minor in order to require that the minor's best interest remains in inviolate and impregnable from other facts. This is a very important Bill that will codify the caseload that's already existing in the case of N. Ray JJ, a decision reached by the Illinois State Supreme Court, in January of 1999. The court, in that case, based its decision on the tradition of parents patrieye, which authorizes the court to be the ultimate guardian of children. The court went on to hold that the best interest of a minor should be considered at every stage of the juvenile court proceedings. After this decision, the Illinois Appellate Court has held in numerous cases (including the famous Sarah Case that Bob Green wrote about) that the best interests of a child should be considered in this way whenever the court decides the fate of a child's future placement."
"Does anyone stand in opposition to this Bill? The question is, 'Shall House Bill 2399 pass?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Motion, there is 110 'ayes', 0 'nays'. House Bill 2399, having received the Constitutional Majority, is hereby declared passed. Representative Gash, 2425. The Bill is on Second Reading. Are there any Amendments?"
"Floor Amendment #1, offered by Representative Gash."
"Representative Gash."
"Mr. Speaker, Members of the House. Amendment 2 to House Bill 2425 becomes the Bill. It puts together a family preservation task force. We've been reading a lot in the 151 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 headlines and hearing a lot of cases about child abuse. We need to do something about it. Family preservation efforts are generally probably a good thing, but they seem not to be working."
"The question is, 'Shall Amendment #1 be adopted?' On that, Representative Biggert."
"Thank you, Mr. Speaker. Will the Sponsor of the Amendment yield?"
"Yes."
"Representative, in your Amendment to form this task force, does it cost money?"
"Great, I withdraw Amendment #1, and I want to speak to Amendment 2."
"She...the Lady withdraws Amendment #1. Further Amendments?"
"Floor Amendment #2, offered by Representative Gash."
"Representative Gash."
"No money involved."
"She of...she moves to adopt Amendment #2 to... The answer was, there's no money involved. Representative Biggert."
"...Thank you, Mr. Speaker. ...To...will the Sponsor yield?"
"Yes."
"To Amen...Amendment #2. Does it cost money?"
"No. That's the one that I'm addressing."
"All right, all right. If there is a task force, who will be involved?"
"...This...this would involve several different parties, Members of the General Assembly, Cook County Public Guardian, a judge and states attorneys, members from 152 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 private...advocacy organizations, members of the public, the Director of DCFS."
"Is there anyone in opposition to that task force?"
"No one...no one that I know of. This is an idea that came together from a lot of different groups who have many different ideas on what should be done with family preservation efforts."
"All right. Thank you."
"The question is, 'Shall Amendment #2 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 2425, a Bill for an Act amending the Juvenile Court Act of 1987. Third Reading of the Bill."
"Representative Gash, Amendment #2, the Bill? Is Amendment #2 to the Bill?"
"Yes."
"The question is, 'Shall this Bill pass?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there is 111 'ayes' and 0 'nays'. House Bill 2425, having received the Constitutional Majority, is hereby declared...is hereby declared passed. House Bill 2427, Representative Schakowsky. Read the Bill, Mr. Clerk."
"House Bill 2427, a Bill for an Act amending the Code of Civil Procedure. Third Reading of the Bill."
"Representative Schakowsky."
"Thank you, Speaker, Ladies and Gentlemen of the House. The intention of House Bill 2427 is to increase the 153 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 amount of dollars that are available for civil legal services program for the poor. STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993
"Are you ready to go to roll call? All right. The question is, 'Shall this Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Mr. Clerk, would you adjust the buttons? Vote Mr. McPike. Thank you. Have all voted who wish? The Clerk shall take the record. On this question, there are 78 'ayes', 25 'noes'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2108, Mr. Levin. Mr. Clerk, has the Bill been read a third time?"
"The Bill has not been read a third time."
"Read the Bill."
"House Bill 2108, a Bill for an Act in relation to condominiums. Second Reading of the Bill. Amendment #1 has been adopted. No Motions filed. Floor Amendment #2, offered by Representative Levin."
"Mr. Levin on Amendment #2."
"Mr. Speaker, Ladies and Gentlemen of the House. Amendment #2 simply takes out one section of the Bill that made it a one-word technical change."
"Those in favor of the Amendment say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, has the Bill been read on Third Reading?"
"The Bill has not been read on Third Reading."
"Read the Bill."
"House Bill 2108, a Bill for an Act in relation to condominiums. Third Reading of the Bill."
"Leave is granted using the Attendance Roll Call to hear the Bill on Third Reading. Mr. Levin, to explain 155 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 the Bill. Mr. Levin, please be brief."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The Bill was reported out of Judiciary I by an 11-0 vote. It makes technical changes in the proxy procedures that are used for condominium elections, a number of other changes and I just want to, for the record to reflect that I do represent both condominium associations and unit owners. I ask for your support for the legislation."
"Okay. Thank you. Those in favor of the passage of the Bill signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 99 'ayes', 0 'noes'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2444, Mr. Daniels. Mr. Clerk, where is this Bill?"
"House Bill 2444 is on Calendar Order of Second Reading."
"Are there any Amendments?"
"Floor Amendment #2, offered by Representative Granberg."
"Mr. Granberg."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #2 makes House Bill 2444 a vehicle Bill. I have spoken to the Sponsor of the legislation on it. He does not object to the Amendments."
"Those in favor of the Amendments say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 2444, a Bill for an Act amending the 156 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 Personnel Code. Third Reading of the Bill."
"Leave is granted using the Attendance Roll Call to hear the Bill on Third Reading. Those in favor of the passage of this vehicle Bill vote 'aye'; those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? This is a vehicle Bill, sponsored by the Minority Leader. The Clerk shall take the record. On this question, there are 98 'ayes', 8 'noes'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1066. Mr. Clerk where is this Bill?"
"House Bill 1066 is on Calendar Order, Second Reading."
"Are there any Amendments?"
"Floor Amendment #1, offered by Representative Hicks."
"Mr. Hicks."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #1 to this Bill is the, it really became the Committee Amendment for this. It basically does two different things. It deals with the Small employer rating Renewability. Portability of Health Insurance Act. Also, secondly, deals with the Uniform Claim Forms Act. I'd be happy to answer any questions."
"Those in favor of the Amendment say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 1066, a Bill for an Act amending the Illinois Insurance Code. Third Reading of the Bill."
"Those in favor of the passage of the Bill 157 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 112 'ayes', no one voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1247, Mr. Clerk, where is this Bill? (House Bill) 1247?"
"House Bill 1247 is on Calendar Order, Second Reading."
"Are there any Amendments? Mr. Clerk, take this out of the record. Mr. Clerk, House Bill 132. Where is that Bill? (House Bill) 132?"
"House Bill 132 is on Calendar Order, Second Reading."
"Are there any Amendments?"
"No Amendments have been filed."
"Third Reading. Read the Bill."
"House Bill 132, a Bill for an Act amending the Illinois Public Aid Code. Third Reading of the Bill."
"Mr. Weller."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This legislation has agreed language which includes Chairman Phelps' language. It has no opposition. It is regarding the immunization of children of AFDC recipients. It has no opposition, and I ask for an 'aye' vote."
"Mr. Black."
"Thank you very much, Mr. Speaker. Just an inquiry of the Chair. I thought I heard the Gentleman say that the Clerk say that there's no Amendment on the Bill. It is my impression that there is an Amendment on the Bill."
"Mr. Clerk?"
"There were no Floor Amendments filed to the Bill. 158 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 Amendment #1 had been adopted previously."
"All right. Thank you."
"Those in favor of passage of the Bill signify by voting... Mr. Granberg."
"Representative Weller, has this...has this Bill passed in the form of an Amendment to another piece of legislation already?"
"There was similar legislation that passed on a Bill sponsored by Representative Wojcik."
"Similar or identical?"
"I'm sorry? The language is fairly similar; however, that Amendment had some legislation that was also requested by Repre... Senator Topinka."
"Those in favor of the passage of the Bill, signify by voting 'aye'; opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 111 'ayes', no one voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 344. Mr. Clerk, where is the Bill? (House Bill) 344? Mr. O'Brien, do you know where the Bill is? Passed the other day? I see. Thank you ve... Mr. O'Brien. House Bill 500, Mr. Clerk."
"House Bill 500 is on Calendar Order, Second Reading."
"Are there any Amendments?"
"Floor Amendment #1, offered by Representative Skinner."
"Mr. Skinner."
"I ask to withdraw Amendment #1 and move to Amendment 2."
"Withdraw #1; and, on Amendment #2, Mr. 159 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day Skinner." April 23, 1993
"Yes, Amendment #2 says that a judge in...as part of a condition for granting probation may require a individual to either give money to an alcohol drug treat...alcohol drug or treatment or prevention program, or an anti-gang activity program, that is a not-for-profit corporation in the State of Illinois."
"Those in favor of the Amendment say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments?"
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 500, a Bill for an Act amending the Unified Code of Corrections. Third Reading of the Bill."
"Mr. Skinner."
"This Bill was requested by my new States Attorney, Gary Pappe, in McHenry, County at a candidates night. It sounded like a good idea, so I introduced the Bill. I ask for your support."
"Mr. Dart."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"In your Amendment and the Bill itself, you talked about the...the contribution cannot exceed the maximum amount of the fine, so if the fine is being designated to other things presently, such as the court system and so on? This would be taking money away from them?"
"That's conceivable. Well, no...no, it's the same amount. It will be..."
"Yeah, the same amount but you're lessening what would be going to the other ones?"
"No, it would be in addition to that." 160 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993
"Is this an additional fine that would be imposed?"
"Yes...it's a free-will contribution."
"Is this...and is this mandatory or is this discretionary?"
"Discretionary on the part of the judge."
"But...but, what your Bill says though is in no case can your additional fine that you are adding on be any higher than the original fine that you originally impose on the defendant for other matters?"
"That's right, it can't be higher than whatever the fine is, but it can be in addition to what the fine is."
"So, if he's fined $500 being whatever..."
"It could be a $500 contribution to your local anti gang activity."
"What I'm saying though is...if it's a $500 fine that imposed for court fees or whatever the case may be, your fine would be another fine in addition to that that would not take away from anything going to the courts?"
"That's correct."
"And that fine, whatever is was determined could not be higher than the $500?"
"Yes, but it would, of course, have to be reasonable."
"So, basically, fines and charges against the defendant are increased, enhanced for these different programs, being correct?"
"If the judge agrees, as a condition of probation."
"Thank you."
"Are we prepared to go to roll call, Gentlemen?"
"Any time, Sir."
"Fine. Those in favor of the passage of the Bill signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On 161 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 48th Legislative Day this question, there are 102 'ayes', 1 person voting 'no'; this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1884, Mr. Homer. Okay, Representative Giolitto would like the record to show that she would have been recorded as 'aye'. (House Bill) 1884. Mr. Clerk, where is the Bill?"
"House Bill 1884 is on Calendar Order of Second Reading."
"All right. Are there any Amendments?"
"Floor Amendment #1, offered by Representative Homer."
"Mr. Homer."
"Thank you, Speaker. This Amendment becomes the Bill. I would ask that we adopt the Amendment and move it to Third, perhaps and explain it then."
"And, on that question, Mr. Wennlund."
"Thank you, Mr. Speaker. An inquiry of the Chair. Is this Amendment been printed and distributed? We don't have it."
"Mr. Clerk, has this Amendment been printed and distributed?"
"The Amendment has been printed and distributed. Yes."
"Any further questions, Mr. Wennlund?"
"Put the Amendment on, Speaker."
"Those in favor of the Amendment say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 1884, a Bill for an Act amending the Counties Code. Third Reading of the Bill." 162 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
"Mr. Homer." April 23, 1993
"Thank you, Mr. Speaker. This is a Bill that was suggested to me by the Tazewell County Board Chairman. It simply provides that in counties where the county board chairman is elected at large, where it is not required to be a member of the county board that he or she would have the prerogative of naming...a vice-chairman, who would succeed the chairman in the event of the vacancy. I know of no opposition, would move to pass the Bill."
"Mr. Olson."
"Thank you, Mr. Speaker. A question of the Sponsor?"
"The Sponsor yields."
"Representative, what does the Amendment do?"
"Provides that in counties such as Tazewell (there are I think only three may be in the state affected by this), but provides that where a county board chairman is elected at large and co...in certain counties, that the chairman shall select from the other board members, a vice-chairman." Olson:
"How does that differ from your original Bill?" "Well, the language, it really doesn't differ very much from the reg...the original Bill. The Amendment just, frankly, clarified and made more clearer the intent of the Bill. It didn't change it."
"To the Bill. Representative Homer and I share, along with Representative Ackerman, the Representative duties here in Springfield of Tazewell County. Tazewell County, I believe, it was this year for the first time elected the board chairman at large. The bulk of the board, majority of the board is Republican. I can't agree with Representative Homer, when this is no opposition to this, because I have received mail and...and conversation from members of the board. This is not an agreed thing back in 163 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 the county. I would only like to say that it would appear to me that this General Assembly is being asked to rule and set procedures for a county which would rather keep those responsibilities to themselves. I have great respect for Representative Homer, but I disagree with him that this is something that we should be involved in. We are mandating to a county government how they run their own political processes in their own county, and I would urge, in sense of fairness, a 'no' or a 'present' vote on this issue and thank you."
"Ladies and Gentlemen, we thought that we had selected some Bills that would be somewhat non controversial in nature and that we might be able to move relatively quickly through these Bills. Maybe our judgment was not too good in terms of what might be controversial, non-controversial. We now have four people seeking recognition, and I would simply suggest that we select one person to speak against the Bill and then we'll go to a roll call. So, Mr. Hughes and Mr. Ackerman, Miss Hughes, I'm sorry, I haven't been around that much and Representative Prussing, are all seeking recognition. So, is there someone who would be uniquely qualified to speak against this Bill? Mr. Black, you deem yourself to be...? Mr. Wennlund, would you be qualified? Mr. Good. Wennlund."
"Being from Will County, which has a chairman of county board elected at large. Elected at large is the key and that's my objection to this Bill. It calls for the appointment of one who would succeed the chairman of the county board in those counties in which the chairman is elected at large, such as Will County, Tazewell, DuPage, I think Winnebago. And what it does it circumvents the 164 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 process for the election, a special election, to elect again, let the voters of the entire county to elect a chairman, a successor to the chairman of the county board in the event of illness or death or a vacancy in that office. He ought to be elected like the original chairman was, and that's why the Bill should be defeated."
"Those in favor of the passage of the Bill signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Now, please record yourself. Please record yourself. Have all voted who wish? Have all voted who wish? Please record yourselves. Have all voted who wish? The Clerk shall take the record. On this question, there are 59 'ayes' and 48 'noes'. This Bill having... Mr. Homer? Mr. Homer."
"Mr. Chairman or Mr. Speaker, could we put this on postponed?"
"Postponed Consideration. Next Bill will be House Bill 1083, Mr. Churchill. Mr. Clerk, where is the Bill? (House Bill) 1083?"
"House Bill 1083 is on Calendar Order, Second Reading. Floor Amendment #1, offered by Representative Churchill."
"Mr. Churchill."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 defines the Bill for only two special education districts. It is an Amendment that was created by the State Board of Education pursuant to their request in committee."
"Those in favor of the Amendment signify by saying 'aye'; those opposed say 'no'. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments." 165 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
April 23, 1993 "Third Reading. Mr. Clerk, read the Bill." "House Bill 1083, a Bill for an Act amending the School Code. Third Reading of the Bill."
"Mr. Churchill. Mr...."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill now applies to two special education districts in the State of Illinois. It permits those two special education districts to issue bonds."
"Those in favor of the... Mr. Granberg."
"Thank you. Representative Churchill, what two districts are represented?"
"It would be the special education district of Lake County, Sedall and then there is one in Peoria, and I don't know the name of that."
"And, they would issue the bonds? Who would be the...the special education districts be the guarantors? They would...they would just give them the permission to issue the bonds?"
"It gives them the permission to issue..."
"Any limits on the amount?"
"I'd have to... I don't think there were limits in there."
"Was there any type of...of revenue stream for the bonds that this would allow?"
"As you know, special education districts are funded by the local districts that signed the joint agreement. In these particular situations, there is a joint agreement between the districts and the special ed-district and they would be responsible for the payment through their payments to the special-ed district."
"Thank you."
"The question is, 'Shall this Bill pass?' Those 166 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. The Clerk shall take the record. On this question, there are 89 'ayes', 16 'noes'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1125. Mr. Clerk, where is the Bill?"
"House Bill 1125 is on Calendar Order of Third Reading. The Bill has not been read a third time previously."
"Read the Bill."
"House Bill 1125, a Bill for an Act amending the Retailers Occupation Tax Act. Third Reading of the Bill."
"Who is the Sponsor of the Bill? Who is the Sponsor?"
"Representative Maureen Murphy."
"Representative Murphy." Murphy, M: "Thank you, Mr. Speaker, Ladies and Gentlemen of the General Assembly. This is one of those Bills that was worked on with due diligence by Members of the Revenue Committee, including Representatives Currie, Levin, Representative Kubik and we've added Representative Granberg as the Sponsor. This is one of those Bills where we have worked with the Department of Revenue in order to clarifying language regarding the real...the...con...construction contracts for approvement of real estate, consisting of engineering installation, maintenance of voice, data, video, security and telecommunications systems, and it will help clarify the Act as far as being sold at one specified contract price. This is at the behest of the Management Association of Illinois and considering the amount of skillful 167 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day deliberation 'yes' vote.
April 23, 1993 on both sides of the aisle, I do ask for a Thank you." "Mr. Hartke."
"I stand in support of the legislation."
"Those in favor of the passage of the Bill signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Please record yourselves. The Clerk shall take the record. On this question, there are 104 people voting 'aye', 2 people voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1274. Mr. Clerk, where is the Bill?"
"House Bill 1274 is on Calendar Order of Second offered by Representative Reading. Floor Amendment #1, Santiago."
"Mr. Santiago."
"Thank you, Mr. Speaker. Floor Amendment #1 guts the Bill and makes the Bill a vehicle."
"Those in favor of the Amendment say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 1274, a Bill for an Act amending the Counties Code. Third Reading of the Bill."
"Those in favor of passage of the Bill Steczo: signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? This is a vehicle Bill. This is a vehicle Bill. After the title and enacting clause, there is no language in this Bill. Mr. Steczo, to explain a vehicle Bill." "Thank you, Mr. Speaker. I'll try to explain a vehicle 168 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 Bill, but let me explain to the Members that four years ago, we were able to reach agreement with the county boards and county officials about...salary increases. This Bill will not move unless that same arrangement can be reached again, according to the Sponsor."
"Mr. Kubik."
"I would agree with Representative Steczo. It is hard to argue that when the Bill doesn't have any guts in it, but I would say to...to my Members on this side of the aisle, I've worked with Representative Santiago. He has made some representations that he plans to try to move an agreed Bill, and...I...that's the reason I'm supporting it, and I wouldn't support him unless he...came back with an agreed Bill."
"Mr... The Clerk shall take the record. On this question, there are 60 'ayes', 35 people voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1154. Mr. Clerk, where is the Bill?"
"House Bill 1154 is on Calendar Order of Third Reading."
"Has the Bill been read a third time?"
"The Bill has not been read a third time."
"Read the Bill."
"House Bill 1154, a Bill for an Act amending the Juvenile Court Act of 1987. Third Reading of the Bill."
"Mr. Leitch."
"Thank you, Mr. Speaker. House Bill 1154 is an Act that amends the Juvenile Court Act, which deals with the reasonable efforts hearings in the custody cases of minors and in the absence of a written finding...makes a presumption that reasonable efforts were made by the judge 169 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 in that case, and I would ask for a favorable roll call."
"We have two people seeking recognition, Representative Currie and Mr. Dart. The Chair recognizes Mr. Dart to speak, I presume, in opposition to the Bill. Mr. Dart."
"Will the Sponsor yield?"
"The Sponsor yields."
"This Bill would, by the presumption then the court would, in effect, be not reviewing certain cases. Correct?"
"No. What happens is, the Department of Child...Children and Family Services has to go into Cook County with this written form which presents their case for taking custody of a child. The judge then has this form which details the findings of the case. He goes through this fine form, is supposed to fill it out and do the written finding. If he does not check this box, what is happening is that there are federal audits that disqualify that..."
"What does that box say?"
"That box says that reasonable efforts have been made, but have not eliminated the immediate and urgent necessity to remove the child from the home or be...at this time for good cause prevent or eliminate the necessity of..."
"So, that...that...that box itself is basically the whole reason why the judge is there, because he's supposed to sit there and determine whether reasonable efforts are made; and if, in fact, that box is not checked off, it could very easily remain not just a clerical mistake that he skipped it, but he never even reviewed the case."
"Well, I don't see how that's possible. I think what is happening here is that the federal audit requires a written sign-off and the practice and the...the our law assumes written...written checking of the box, so to speak, and 170 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 what happens is in cases where the auditors find that they do not com...do it, then it costs us $10 million."
"Yeah. It costs us money because they are, in fact, not doing their job, but the end effect of this is that by presuming that they're...by presuming this thing, in effect, you're saying that if, in fact, we don't get around to reviewing the case (which is in fact what...which is happening), then that's okay. We're going to try to get money by basically encouraging people not to be efficient and do their jobs. I means it's more than just a clerical thing there, they're not...they're failing to check off a box. I understand what you're talking about as far as potential of losing federal money, but it is their job as the court to sit there and say reasonable efforts has been made or attempted to have been made and the failure of that box to be checked off could very easily mean that they did not even look at that."
"This can only occur after a hearing when they've heard the testimony that's been presented and the fact that in some cases these are filled out and they just miss a box and then we wind up not being able to be compensated in it, and the last audit cycle cost $10 million and that is not, I don't think, a reasonable expense for the people of Illinois to have to undertake."
"To the Bill, Mr. Speaker. I rise in strong opposition of this Bill because we had a long discussion yesterday at length about the fact that we were adding another layer of review that was something we didn't want to do; and, at that time, the Department of Children and Family Service made the statement that by adding these extra layers of review, by encouraging more review of these children's cases, we were gonna maybe in jeopardy of money. Now we're 171 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 saying, 'Well if, in fact, this box isn't checked (and its more than just a simple box), if this box isn't checked it's saying that the court has made reasonable efforts to reunite the child and that's okay'. The federal guidelines are specific that's...the thing with... Yesterday, when we talked about this, the federal guidelines were specific in saying you have to make reasonable efforts. If anything would jeopardize us loosing money, it would be the fact that we had to put into law the presumption that well maybe we did, maybe we didn't. That's where we could jeopardize money, by sitting there and saying, 'Well we won't review this. We don't have the time for it'. We should not be sitting here encouraging the department and courts to basically assume certain things are done, especially when the lives of children are in danger here. We should encourage them to do their job and do it well. That's why I rise in opposition."
"All right. Mr. Leitch has spoke for the Bill. Mr. Dart has spoken against the Bill. Those in favor of the passage of the Bill signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Have all voted who wish? The Clerk shall take the record. On this question there are 56 'ayes' and 50 'noes'. Mr. Leitch."
"I request Postponed Consideration, please."
"Postponed Consideration. House Bill 431. Mr. Clerk, where is the Bill?"
"House Bill 431 has been read a second time previously. Amendment #1 has been adopted to the Bill. No Motions filed. Floor Amendment #2, offered by Representative Lawfer." 172 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993
"Who is the Sponsor of the Amendment?"
"Representative Lawfer."
"Mr. Lawfer."
"Thank you, Mr. Speaker. To the Amendment. This Amendment requires the Department of Aging to consider their apportionments and then to report back to the General Assembly if they fail to meet within 3% of their GRF appropriation. They must submit a report. They need to...whether they need to expand or adjust their rate to the service providers. It does not require any additional spending."
"Does anyone rise in opposition to the Amendment? Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 431, a Bill for an Act amending the Illinois Act on Aging. Third Reading of the Bill."
"Mr. Woolard."
"As was stated, this is dealing with the lapse money that is not spent by the department. We're insuring that the areas of need that these moneys are considered for spending. We thank you very much for your consideration."
"Those in favor of the passage of the Bill signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Please record yourselves. Have all voted who wish? The Clerk shall take the record. On this question, there are 110 'ayes', no one voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1386. Mr. Clerk, where is the Bill?" 173 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
"House Bill 1386 is on Reading."
"Read the Bill." April 23, 1993 Calendar Order, Third
"House Bill 1386, a Bill for an Act amending the Criminal Code of 1961. Third Reading of the Bill."
"Representative Pankau."
"Thank you, Mr. Chairman. This Bill deals with arson. Right now arson, no matter what kind of property damage, is a Class II felony. This says that over a $1 million it now becomes a Class I felony and also adds the words 'intentional infliction of extreme physical pain'. These...the Amendments to it reflect agreements in committee. It passed out of committee with a roll call. All five notes that have been requested have been filed. There is no impact whatsoever. I know of no opposition and I ask for your favorable approval."
"Mr. Dart."
"Will the Sponsor yield?"
"The Sponsor yields."
"Just a couple of questions. The Department of Corrections Pankau: has signed off on this?" "Yes. This was requested by the State Fire Marshal."
"Okay. So the last question is, did the...did this Bill Pankau: Dart: what in a sense its doing is, increasing those people who would be eligible to be sentenced to death to those people who have been involved in a murder where there was some type of torture involved?" "No. The original Bill asks for a Class X. In committee, you asked to have it amended to a Class I, so it a Class I for physical to went from a Class II felony property arson over $1 million." "Is...is...maybe its my second...is Amendment #32 on the 174 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day Bill?" April 23, 1993
"Yes."
"Well, on Amendment 2, doesn't that...amend Section 9-1 where it adds a factor that can be considered for imposing the death penalty; namely, that a murder was intentional involved."
"Okay. I stand corrected. Yes, that one does."
"Okay, so then this...basically then we're just adding an additional type of offense where you can be sentenced to death if you inflicted torture on someone during the course of the murder."
"That, yes, and the words are very specific and they were cleared with Representative Homer."
"Fine. Thank you."
"Those in favor of the passage of the Bill signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Please record yourselves. Please record yourselves. Have all voted who wish? The Clerk shall take the record. On this question, there are 98 'ayes', 8 'noes'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 913. Mr. Clerk, where is the Bill?"
"House Bill 913 is on the Calendar Order, Third Reading."
"Read the Bill."
"House Bill 913, a Bill for an Act amending the Illinois Vehicle Code. Third Reading of the Bill."
" Mr. Woolard. Mr. Woolard, 913? Mr. Woolard?"
"This is a very simple Bill dealing with owner responsibility. The Department of Transportation helped draft this legislation. We'd appreciate your consideration." 175 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
"Mr. Woolard? Mr. Woolard?"
"I just explained the Bill."
"I'm sorry, Sir. You're prepared to pass the Bill?"
"Yes."
"Those in favor of the passage of the Bill signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 110 'ayes', no one voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Gash. She...withdraws her request. House Bill 1410. (House Bill) 1410, Mr. Clerk. Where is the Bill?"
"House Bill 1410 is on Calendar Order, Third Reading."
"Read the Bill."
"House Bill 1410, a Bill for an Act concerning the use and display of names by financial and fiduciary organizations. Third Reading of the Bill."
"Representative Deuchler."
"Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1410 is an administration Bill from the Commissioner of Banks and Trusts. It amends the Corporate Fiduciary Act and the Business Corporation Act to restrict the use of the words 'trust, trustee and fiduciary' in the corporate names to corporations that receive permission to use those words from the Commissioner of Banks and Trusts. Provides that the term 'capital' in the Act, shall be determined by the Act under which the institution is organized, provides that the Commissioner can consider the prior business affairs of 176 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 an individual seeking to obtain trust powers, and clarifies that mergers and change in controls provisions in the Act apply to trust companies and not to other types of corporate fiduciaries. I ask your favorable vote for this legislation."
"You've heard the explanation. Those in favor of the passage of the Bill signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Please record yourselves. Please record yourselves. The Clerk shall take the record. On this question, there are 108 people voting 'aye', no one voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1255, Mr. Dart. Mr. Clerk, where is the Bill?"
"House Bill 1255 is on Calendar Order, Third Reading."
"Read the Bill."
"House Bill 1255, a Bill for an Act amending the Probation and Probation Officers Act. Third Reading of the Bill."
"Mr. Dart."
"Thank you, Mr. Speaker, Members of the General Assembly. This Bill is Amendment #2, which is sponsored by myself and Representative Rutherford. This Bill was suggested by the Probation Court Service Department to bring it in line, the juvenile court in line with the adult services in regards to accessible fee for probation service which is, in fact, discretionary upon the court if, in fact, the person can afford to pay it. I'd ask for the adoption of this Bill."
"Those in favor of the passage of the Bill signify by voting 'aye'; those opposed by voting 'no'. Please record yourselves. Have all voted who wish? Have 177 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 all voted who wish? The Clerk shall take the record. On this question, there are 108 people voting 'aye', no one voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1613. Mr. Clerk, where is the Bill, 1613?"
"House Bill 1613 has been read a second time previously. No Committee Amendments. No Floor Amendments."
"Third Reading. Read the Bill."
"House Bill 1613, a Bill for an Act amending the Civil Administrative Code of Illinois. Third Reading of the Bill."
"Mr. Noland."
"Thank you, Mr. Speaker. House Bill 1613 is an administration Bill for the Department of Conservation in response to an audit finding. What it does it allows the department to sell or exchange advertising rights in its publications. I appreciate your support."
"Those in favor of the passage of the Bill signify by voting 'aye'; those opposed by voting 'no'. Please record yourselves. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 107 people voting 'aye', no one voting 'no'. This Bill having received the Constitutional Majority, is hereby declared passed. House Bill 314. Mr. Clerk, where is the Bill?"
"House Bill 314 has been read a second time previously. Amendment #1 has been adopted to the Bill. Floor Amendment #2, offered by Representative Homer."
"Mr. Homer."
"Thank you, Mr. Speaker. This Amendment just simply provides that unless otherwise provided in a collective 178 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 bargaining in agreement an employee whose tuition and fees are paid for by the state may not receive time off with pay to attend classes unless that person uses accrued vacation time, personal time, comp time and the like. I would move adoption of the Amendment and answer any questions."
"The Gentleman moves for the adoption of the Amendment. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 314, a Bill for an Act amending the Illinois Vehicle Code. Third Reading of the Bill."
"Mr. Homer."
"Thank you, Mr. Speaker. I am very grateful. The Amendment became the Bill. Let me just very briefly say that it's in response to the Auditor General's audit of the State Police wherein it was determined that the taxpayers of this state picked up a $72,000 pay tab last year to send a state employee, a state trooper, to law school in Chicago. They paid his salary for going to class, paid tuition fees, paid room and board for that individual. I think that is a horrible abuse of the taxpayers' money and there ought to be some clear regulation of that. That's what this Bill attempts to do. It helps protect the taxpayers. It says that a person should not be paid while going to school pursuing a degreed program by the people of the State of Illinois, and I would urge support for the Bill."
"Those in favor of the passage of the Bill will signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The 179 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 Clerk shall take the record. On this question, there are 106 people voting 'aye', 3 people voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2158. Mr. Clerk, where is the Bill, 2158?"
"House Bill 2528..."
"(House Bill) 2158."
"House Bill 2158 is on Calendar Order, Third Reading."
"Read the Bill."
"House Bill 2158, a Bill for an Act in relation to crimes committed against emergency medical technicians. Third Reading of the Bill."
"Mr. Johnson." Johnson, Tom: "Yes. This Bill provides that if a person is found guilty of murdering an emergency medical technician or ambulance driver...during the course of their official duties and the person knew or should have known the victim's official status, the court shall impose a term of natural life. This brings the emergency medical technicians and ambulance drivers giving them the same status as the police and fire...firemen; the law as it applies to them."
"You've all heard the explanation of the Bill. It would impose the death penalty. Three people are seeking recognition. Mr. Tim Johnson, Mr. Dart and Mr. John Dunn, and...now, Mr. Woolard is seeking recognition. So, could we agree as to who might be best qualified to speak against this Bill? Whoever wants to speak for it. Tim, did you want to speak against it? Mr. Dunn? Did you want to speak against the Bill? Mr. John Dunn."
"I will speak against it unless I'm wrong. I thought I 180 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 heard the Gentleman say there is the death penalty in this Bill. Is there a death penalty in this Bill?"
"Mr. Johnson." Johnson, Tom: "No, this is natural life is what I said, not death penalty is the max."
"I'm informed there is a death penalty originally. The reason I call attention to the Bill, we just casually a Bill or two back, voted for a death penalty and I think this chamber ought to pause and reflect at least momentarily when we consider taking someone's life and...I'm informed that this legislation also has a death penalty provision in it, and...so I think the Members should know what they're doing here. It was horrific, horrendous, embarrassing and uncalled for to pass legislation that calls for the taking of a life casually and that was done just a moment ago; and if you vote for this Bill, I'm informed there's a death penalty provision in it and you should act accordingly."
"Those in favor of the passage of the Bill signify by voting 'aye'; those opposed by voting 'no'. Mr. Johnson, to explain his vote. Mr. Tom Johnson, to explain his vote." Johnson, Tom: "This Bill does not impose any mandatory death penalties. This merely brings this into conformity with the other emergency providers that we have in our system."
"All right. We'll recognize Mr. Dart to explain his vote."
"I'm voting 'aye' on this Bill, but just to clarify things. The way the Bill is drafted it is expanding the death penalty so that individuals who murder an EMT technician or SO on or SO forth is eligible for the death penalty in regards to that case. That clearly is the case here. That 181 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 is not up for debate and this also adds some enhancements as well that we have talked about at length, and I won't go on about that."
"Have all voted who wish? The Clerk shall take the record. On this question, there are 98 people voting 'aye', 5 people voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1026, Mr. Homer. Mr. Clerk, where is the Bill?"
"House Bill 1026 has been read a second time previously. No Committee Amendments. Floor Amendment #1, offered by Representative Homer."
"Mr. Homer."
"Withdraw Amendments 1 and 2, please."
"Withdraw Amendment #1 and Amendment #2. Mr. Clerk, are there any further Amendments?"
"Floor Amendment #3, offered by Representative Homer."
"Thank you, Mr. Speaker. This Amendment would institute the Federal Use Immunity Statute essentially in Illinois, and provides that it could be used in Class II or more severe felony investigations before grand juries or trials. I've spoken with Minority Spokesman of Judiciary II, and I think he's in agreement with this Amendment, and I would move the adoption of the Bill."
"Those in favor of the Amendment will vote 'aye', those opposed vote 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. Read the Bill."
"House Bill 1026, a Bill for an Act amending the Unified Code of Corrections. Third Reading of the Bill."
"Those in favor of the passage of the Bill, 182 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 signify by voting 'aye'; those opposed by voting 'no. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 109 people voting 'aye', no one voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1775. Mr. Clerk, where is the Bill?"
"House Bill 1775 has been read a second time previously. No Committee Amendments. Floor Amendment #1, offered by Representative Leitch."
"Mr. Clerk, I'm sorry. Where's the Bill?"
"The Bill has been read a second time previously. Floor Amendment #1, offered by Representative Leitch."
"Mr. Leitch."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Amendment covers everything that was included in House Bill 1678, which passed out of here a couple days ago except for..."
"Mr. Leitch...Mr. Leitch, we may not have the Amendment. Mr. Granberg, do we have the Amendment?"
"Representative Dunn signed off on this."
"It's okay. Proceed, Mr. Leitch."
"With the exception of a paragraph which I know Representative Dunn felt strongly about, and that paragraph provides that a court may retroactively modify support for no more than a three-month period upon a showing of good cause and a finding that the obligor was unemployed or there was a substantial increase in the income of the obligor. This provision does not become operative until the Federal Office of Child Support Enforcement approves it as being consistent with federal law and regulation, and it does nothing to change any schedules as a Bill a few minutes ago did, and I'd ask for your approval." 183 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 48th Legislative Day
"Mr. Wennlund."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This is a modification to the increase in child support Bill you passed out of here a little while ago, and if you really like that, just think about retroactive...retroactive modification and increase in child support. You better hope your constituents don't win the lottery, because this is just as bad as the other one, and I want to correct the statement, a mis-statement that was made on this House floor, that both the Chicago Bar Association and the Illinois Bar Association signed off on and approved all of those modifications and in 1678, they did not."
"All right. One person has spoken for the Bill, one against. Those in favor of the passage of the Bill signify by voting 'aye'; those opposed by voting 'no'. I'm sorry. All right. We're still on the Amendment. Those in favor of the Amendment say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted...Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. Mr. Clerk, read the Bill."
"House Bill 1775, a Bill for an Act amending the Illinois Marriage and Dissolution of Marriage Act. Third Reading of the Bill."
"You've all heard the explanation of the Bill. Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Clerk shall take the record. On this question, there are 76 'ayes', 13 'noes'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1026, Mr. Homer. Mr. Clerk, where is the Bill?" 184 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
"House Bill 1026..."
"I'm sorry...I'm sorry. April 23, 1993 House Bill 1940, Representative Wessels. (House Bill) 1940."
"House Bill 1940, a Bill for an Act to amend the Elder Abuse and Neglect Act. Third Reading of the Bill."
"Representative von Bergen-Wessels." von Bergen-Wessels: "Thank you, Speaker. This Bill gives to elder adults with disabilities the same protections given to high risk adults with disabilities under the Domestic Violence Act, and I would urge your 'yes' votes."
"Mr. Black. Mr. Black." two
"Thank you very much, Mr. Speaker. An inquiry of the Chair. There's a great deal of confusion on the Amendments on this Bil1, and I...it appears that identical Amendments were distributed, one several pages long and one missing some pages, both with the same LRB number. Could the different LRB numbers... Mark...there's..."
"Mr... Let's take this out of the record for a minute or two. Oh, Mr. Clerk, can you respond to that? Mr. Clerk."
A "There were two Amendments that were distributed. three page Amendment and a six-page Amendment. The six-page Amendment with the file...with the Clerk stamp is the correct Amendment on the Bill."
"Do we...all right. Do we have any idea how the other Amendment was distributed on this floor?"
"No. It was an error by the Legislative Printing Unit. They were sent a six-page Amendment, we got a three-page Amendment back."
"All right. Thank you."
"All right. To the Amendment, Representative von Bergen-Wessels." 185 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day von
April 23, 1993 "Thank you. The Bill has been amended previously with Amendment #2. This Bill allows an elder adult with disabilities to get a Protective Order against anyone who has assumed their care, and I would urge your passage."
"Those in favor of... Mr. Clerk, has the Amendment been adopted?"
"Amendment #2 has been adopted."
"All right. The Bill has been read a third time?"
"The Bill has been read a third time."
"Those in favor of the passage of the Bill signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 110 people voting 'aye', no one voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2370, Mr. Churchill. Mr. Clerk, where is the Bill?"
"House Bill 2370. The Bill has been read a second time previously. Amendment #1 has been adopted to the Bill. No Motions filed. No Floor Amendments."
"Has the Bill been read a third time?"
"The Bill has not been read a third time."
"Okay. Is the Bill still on Second Reading?"
"Yes."
"All right. Put the Bill on Third Reading and read the Bill."
"House Bill 2370, a Bill for an Act amending certain Acts in relation to the Department of Financial Institutions. Third Reading of the Bill."
"Mr. Churchill. Mr. Churchill." 186 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. What this Bill does is to take various moneys that are already being collected from different institutions that are monitored by the Department of Financial Institutions and put them into the Financial Institutions Fund, and should there ever be any excess of dollars in the fund, that would spill over into GRF."
"Mr. Granberg."
"Thank you. Will the Gentleman yield?"
"Sponsor yields."
"Representative Churchill, before the Amendment was adopted, there were numerous fees in this Bill. With Amendment #1, were all the fees taken out of the Bill?"
"Yes. The fees have been taken out of the Bill."
"And just still has the dedicated fund?"
"That is correct."
"Was this...was Representative Steczo made aware of this legislation with the dedicated fund?"
"I'm being told by the department that he was."
"Representative Steczo had no objection to the dedicated fund, as drafted with the Amendment #1?"
"I'm being told that is correct."
"All right. Thank you."
"Representative Steczo has just come in, so perhaps he can enlighten you on that."
"Mr. Steczo. Mr. Steczo."
"Thank you, Mr. Speaker. I believe we were made aware of the fact that this was a fund. We do have it on our list; however, at this point in time if the Bill is called, I think we would have no objections to it going out; I don't think."
"Those... Mr. Black." 187 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day
"I think the April 23, 1993 Clerk is about ready to address my inquiry. There we go. We had the wrong description of the Bill on the board."
"Thank you. Mr. Hawkins."
"Mr. Speaker, I'd like to be recorded as 'aye' on House Bill 2158."
"Let the record reflect that request, and back to House Bill 2370. Those in favor of the passage of the Bill signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 100 people voting 'aye', 5 people voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1661. Mr. Clerk, where is the Bill? (House Bill) 1661, Mr. Homer. Is Mr. Homer available? Read the Bill, Mr. Clerk."
"House Bill 1661 has been read a second time previously. No Committee Amendments. No Floor Amendments."
"Mr. Homer."
"Well, thank you, Mr. Speaker. You're more than gracious. This is a shell Bill, as is the next four, and I would do whatever we do with shell Bills at the llth hour, so I take the Bill out of the record. Thank you for calling it, but it's a shell Bill."
"Well, Mr. Homer, we're prepared to call your Bill. Do you wish not to call the Bill?"
"Yes. Take it out of the record."
"All right, and you do not wish to call the next three?"
"Correct. They all come out."
"They all come out of the record. So, Mr. Homer there... Mr. Clerk, we can take this Bill out of the record 188 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 and we can call House Bill 1074. (House Bill) 1074... For what purpose does Representative Davis seek recognition?"
"Mr. Speaker, having voted on the prevailing side of House Bill 1386, I'm asking for a reconsideration of that vote. I think a number of people would like to change their votes. They know what it is."
"Could you tell us?"
"Well, it's the death penalty for arson. Some people who are opposed to death penalties period were voted 'yes', and we're asking for a reconsideration."
"All right. Put that on the board, Mr. Clerk. (House Bill) 1386, and the Lady has voted on the prevailing side and she now moves to reconsider the vote. Is there a second to that Motion? I'm advised that there's no need for a second. The Lady has moved to reconsider the vote. Those in favor of a Motion to reconsider... Mr. Black."
"Thank you very much, Mr. Speaker. I just simply rise in opposition to the Lady's Motion. This Bill received 98 'aye' votes, and it was very carefully explained. I intend to vote 'no' on the Motion to reconsider."
"All right. The Lady has moved to reconsider. Those in favor of the Motion to reconsider will vote 'aye', those opposed will vote 'no'. Clerk shall take the record. Have all voted who wish? Please record yourself. This is a Motion to reconsider the vote by which a Bill passed. Please record yourself. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 35 'ayes', 62 'noes'. The Motion fails. Mr. Clerk, House Bill 1074. Where is that Bill?"
"House Bill 1074 has been read a second time previously. Amendment #1 has been adopted to the Bill. No Motions filed. Floor Amendment #2, offered by 189 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 Representative Churchill."
"Withdraw that Amendment. Are there any further Amendments?"
"Floor Amendment #3, offered by Representative Homer."
"Mr. Homer."
"Thank you. This is an Amendment that was agreed to in committee. It's agreed to by... I'm sorry. Withdraw Amendment 3."
"Withdraw the Amendment. Are there any further Amendments?"
"Floor Amendment #4, offered by Representative Churchill."
"Mr. Churchill,"
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This is the Amendment I think which Representative Homer was about to address, basically creating a presumption in cases where youths under the age of 21 are found to be drinking, where their blood alcohol content is .04. There are parts of the language in the original Bill which Members of the committee had a hard time with, and we've used this Amendment to correct those, and it's been worked on by Representative Homer and myself."
"Those in favor of the Amendment say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Who is seeking recognition? Is there someone seeking recognition? Representative John Dunn."
"Mr. Speaker, I think Amendment 5 was adopted, and I would ask the Parliamentarian whether the Amendment changes the 190 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day title of the Bill?"
April 23, 1993 "Mr. Clerk, did we adopt the Amendment?" "The Amendment was adopted."
"All right. The Amendment is adopted, and Mr...Dunn, one second. Are there any further Amendments?"
"No further Amendments."
"All right. What Order is the Bill on?"
"The Bill is on Second Reading."
"All right. Mr. Dunn has asked a parliamentary inquiry, and the Parliamentarian has heard the inquiry and shall now respond." Pollack, M: "On behalf of the Speaker, Rule 36(d) provides that if an Amendment changes the title of the Bill, it should be...shall be set back to Second Reading, First Legislative Day. This Bill amends the title of the Bill; and, therefore, the Bill should be returned to Second Reading, First Legislative Day."
"We can take this Bill out of the record, and the next Bill would be House Bill 1087 by Mr. Churchill. Mr. Clerk, where is that Bill?"
"House Bill 1087 has been read a second time previously. No Committee Amendments. offered by Representative Churchill."
"Mr. Churchill." Floor Amendment #1,
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. What this Amendment does is to apply the Bill in such a fashion that it does not consider unit school districts or school districts where there are two or more attendance centers. The Amendment was drafted by the State Board of Education pursuant to their request in the committee."
"Those in favor of the Amendment... Mr. 191 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 48th Legislative Day Granberg."
"Thank you, Representative. I just have a few questions. The Amendment, as drafted, the Bill impacts all school districts without regard to the number of teachers employed by any district?"
"That is correct. It applies to school districts with a total enrollment of less than 300 students, regardless of how many teachers there are."
"So, the...so, Representative Black or any other rural downstate Member who has a rural school district, the state would, in effect, be telling them what they couldn't do...this would be another state mandate that everyone's always concerned about."
"The...the Amendment doesn't do that. The underlying Bill, as amended, would allow the school district or tell a school district that they could not have both a superintendent and a principal and so, in effect, what it would be doing is reducing the cost of one of those offices and it would save them money."
"But, this is not permissive language; is that correct? This is not permissive. They may...it says that they cannot."
"No. No, it...they cannot employ both."
"So, any local school district would be prohibited...would be mandated that they could not employ those personnel. So, while we've been sitting here all day and this week talking about state mandates, and now this is in effect, would be telling these small school districts what they can or cannot do. I would suspect that Members who have downstate school districts would be opposed to this Bill. They should be advised in any school district that once again the state is telling the school district 192 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 what they can or cannot do. It should be left up to local control, and I would ask the Members to vote accordingly."
"All right. You've heard the explanation of the Amendment. Those in favor of the Amendment will signify by voting 'aye'; those opposed by voting 'no'. Take the record. Those for the Amendment will vote 'aye'; those opposed vote 'no'. Mr. Black."
"Thank you very much, Mr. Speaker. My name was used in debate, and I appreciate that."
"The Clerk shall take the record. On this question, there are 34 'ayes', and 58 'noes'. The Amendment fails. Are there any further Amendments?"
"No further Amendments."
"Mr. Churchill, do you wish to proceed with the Bill? Mr. Churchill."
"Thank you, Mr. Speaker. The Amendment was created to comply with the request of the committee, and I promised the committee that I would not proceed with the Bill unless the Amendment was on. Since the Amendment's not on, I'm not going to proceed with the Bill."
"House Bill 1089. Where's the Bill. (House Bill) 1089."
"House Bill 1089 is on Calendar Order, Third Reading."
"Where is the Bill?"
"It's on Third Reading."
"Read the Bill."
"House Bill 1089, a Bill for an Act amending the School Code. Third Reading of the Bill."
"Mr. Churchill."
"Thank you, Mr. Speaker. I'm going to take this Bill out of the record. I have a commitment to Representative 193 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 Hartke and to the IEA that I would not proceed with this Bill in...unless there was an agreement by all parties; and, at this point, there is no agreement, so I'm going to take it out of the record."
"Representative Davis, earlier you were seeking recognition. Did you wish to speak in the record? Representative Davis, you were seeking recognition."
"Tempting to be recorded as a 'no' on that legislation."
"(House Bill) 1386?"
"(House Bill) 1386 that provides for a death penalty for people who commit arson, and I would just prefer not to be recorded as...I would prefer being recorded as a 'no' on that Bill."
"Very well."
"Thank you."
"And Representative Turner."
"Same request, Mr. Speaker."
"Same request, relative to House Bill 1386. And Mr. Ostenbeurg. Mr. Ostenburg makes the same request relative to 1386. The next Bill will be House Bill 789. Mr. Clerk, where is the Bill?"
"House Bill 789, a Bill for an Act concerning apprenticeship and pre-apprenticeship programs. Third Reading of the Bill."
"Read the Bill."
"The Bill's been read a third time."
"Very well. Representative Davis."
"Thank you, Mr. Speaker. With the Amendment, House Bill 789 creates an Apprenticeship Training Advisory Board, and this board is comprised of one person appointed by the Governor, one person appointed by the Senate Minority Leader, one by the Senate Majority Leader, three 194 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 appointments by the construction trade unions, two of the Employee Association of Contractors and one appointment by the City Chancellor of city colleges. This legislation will have a sunset or repealing...a repeal date of 1991, and it does not have any dollars in it. It's legislation that was worked on extremely hard. And with the second Amendment that was placed on the Bill, it was made a pilot program, rather than for the entire city college system, and I would just ask for a favorable vote."
"Mr. Parke. Mr. Parke."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. If you can remember back on the debate on this legislation, this is not a good idea. It raises expectations. There is no money to implement any kind of additional apprentice programs; and, in addition, it is something that I don't think we should be doing in this state at this time. And if it gets the required number of votes, I would ask for a verification of the roll call."
"Representative Davis, to close."
"I would just say, Mr. Speaker, that this legislation gives the State of Illinois an opportunity to pilot a program in which people who at the current or present time are not trained to do certain work that's needed in the state. You know, I get really tired and humiliated when at the end of Session when welfare funds are being decreased, a group of African-American males or minority people come down begging for an increase in welfare dollars, and I believe there should be a halt to that. We should decide that in the State of Illinois we're going to train people for work and prepare them for work. The previous speaker was certainly in error when he said it was money that the state has. There's not one dollar requested or 195 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 appropriated for this legislation. What this Bill states is that there will be pilot programs in the state to train workers in the building trade. The advisory board, made up of the nine people that I mentioned (one by the Governor, one by the Chancellor of city colleges, five by the unions the construction labor unions) and this group will put together the pilot program. I cannot imagine why anyone would be in opposition to this. All of us in here support labor. I support labor almost 98%. It is not a competitive...a competitive resource; it will be their only source. The city college will pay the sal ry of the teacher, as they currently do. The space will be provided. I think it gives Illinois an excellent opportunity to be a part of this so-called job-build, job-summit, bringing work to the State of Illinois. Our unions are concerned with people who live in Indiana, Iowa, Wisconsin and all...all of our borders. Legislators in the State of Illinois should be concerned with people who work here, and I ask for, I beg for, and I would appreciate your 'aye' vote. Thank you."
"The question is, 'Shall this Bill pass?' Those in favor signify by voting 'aye'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Representative Younge, to explain her vote."
"Thank you...thank you, Mr. Speaker. I know the hour is late, but we will never have an improvement in our situation having to do with people, particularly men in the penitentiary, until we get...particularly blacks trained. This is an effort to have the training improved at the community colleges. We have all of these young black males walking around who are ill-prepared to work. We have all of these black men in prison who are there, basically, 196 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 because of economic crimes, and I...I think that it's...it's just a sad day that we do not recognize that preparation for work is the key to success in the...in life. And I...I really think that Representative Davis oughta be given more support for this very brilliant Bill that she has. And I think it's...it's...I think...those who support labor unions (and I have an excellent record in support of labor unions), ought to be voting for this Bill. We ought to be working out how we're gonna get our people trained. We have an unfair system in reference to apprenticeship training, and this problem has to be addressed and it has to be started...straightened out, and this is an effort to try to straighten it out, to begin. And all the Representative is asking for is a committee to study the problem. That doesn't need any funds; just to study the problem. And we ought to be willing to go that far."
"Representative Currie, to explain her vote."
"Thank you, Speaker and Members of the House. I, too, rise in support of this measure. Representative Davis has worked hard and she's very substantially narrowed the program from the Bill that was originally introduced. There are far too few women and members of minority groups who have ready access to highly-paid construction jobs. I do support the work that is going on through some of the construction trades. There's no question there's been improvement over the last several years, but the improvement is slow. And an alternate approach, an add-on, approach, is what Representative Davis' program is about. I would urge more support for this important demonstration, pilot opportunity. Let's give it a chance. Let's see if it works. Let's see if we can't have more women and 197 48th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 23, 1993 members of minority groups actively working on construction sites throughout the state. I urge more 'yes' votes."
"Mr. Pugh, to explain his vote."
"Mr. Speaker and Ladies and Gentlemen of the House, as a freshman Legislator, I find it kind of difficult to understand how when it's issues...when we're dealing with issues like labor, that we've got Republicans with labor...with management and Democrats with labor. But when we're dealing with issues of helping minorities, it's everybody against the minority. I don't understand that; and, if this is the legislative process, I think I need to go back to school."
"Representative Deuchler, to explain her vote."
"I stand in support of this excellent piece of legislation, and I think it's quite similar to the legislation that Representative Hasara presented last year and which did pass out of this chamber; certainly, not with a huge majority, but it did pass out with bipartisan support. So, I would urge more green votes."
"Representative Davis."
"Thank you, Mr. Speaker. I'd like to say that Representative Martinez, Representative Santiago are Sponsors of the Bill. You know, I find it very disheartening when people vote to enhance criminal penalties, to have a McCarthy-style school system to report on children and keep police files that their mothers and fathers won't know exist. When you have an opportunity to make a change in some of these things that occur, we vote 'no', and we...we find any excuse to vote 'no'. You know, normally the Republican side of the aisle is for business and the Democratic side of the aisle is for labor. But as Representative Pugh pointed out: When it comes to being 198 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day against is April 23, 1993 anything that productive for the African-American community, you join forces. You join forces and make it impossible for us to succeed. It is in this Body that the core of racism exists. This is the core, the apple has been peeled, and your...explicit, explicit example to keep us from learning is truly preposterous. Our children deserve better; their parents deserve better. They move all of the building trade programs, except the few outside of Chicago, they move them to Elk Grove Village, they move them to Rockford. I f an African-American male is driving through these areas, he gets arrested. So, we're trying to say, 'Bring some of these building trade programs where people learn to work. Bring them to the city where people can participate'."
"Please proceed, Representative. Have all voted who wish? The Clerk shall take the record. On this question, there are 35 'ayes', 53 'noes', and the Bill fails. Ladies and Gentlemen, in terms of the Senate considering our Bills, it doesn't make any difference whether a Bill is passed tonight or Monday. In fact, I'm advised that the Press Secretary for Senator Philip has said that they will consider Bills that arrive up till Tuesday. Now, that's hearsay, but it's on good information. But the Press Secretary for Senator Philip said that they will consider Bills that arrive up until Tuesday; so, in light of all of that, the plan of the Chair is to adjourn. We'll be back on Monday, and you'll have two more days of opportunity to get vour Bills considered and to get them over to the Senate. Mr. Clerk, do you need time? Read the Adjournment Resolution."
"A message from the Senate by Mr. Harry's secretary. Mr. Speaker, I'm directed to inform the House of 199 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 Representatives the Senate has adopted the following Senate Joint Resolution in the adoption of which I am instructed to ask concurrence of the House of Representatives to wit: Senate Joint Resolution 48. RESOLVED, BY THE SENATE OF THE EIGHTY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Friday, April 23, 1993, the Senate stand adjourned until Tuesday, April 27, 1993, at 12:00 noon; and the House of Representatives stand adjourned until Monday, April 26, 1993, at 3:00 o'clock p.m. Adopted by the Senate, April 23rd, 1993. Jim Harry, Secretary of the Senate."
"Mr. Granberg moves for the adoption of the Adjournment Resolution. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Adjournment Resolution is adopted. Providing perfunctory time for the Clerk, again Mr. Granberg moves that the House stand adjourned...that the House stand adjourned until 3 p.m. Monday afternoon. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Motion is adopted, and the House does stand adjourned until 3 p.m. Monday afternoon."
"Introduction and First Reading of Constitutional Amendments. House Joint Resolution 17...House Joint Resolution Constitutional Amendment #17, offered by Representative Hicks. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, That there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend the Illinois Constitution 200 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 by changing Section 1 of Article III as follows: ARTICLE III SUFFRAGE AND ELECTIONS SECTION 1. VOTING QUALIFICATIONS Every United States citizen who has attained the age of 18 or any other voting age required by the United States for voting in State elections and who has been a permanent resident of this State for at least 30 days next preceding any election shall have the right to vote at such election. Every United States citizen who has attained the age of 17 years next preceding any primary election and who shall attain the age of 18 years on or by the next general election and who has been a permanent resident of this State for at least 30 days next preceding the primary election shall have the right to vote at that primary election. The General Assembly by law may establish registration requirements and require permanent residence in an election district not to exceed thirty days prior to an election. The General Assembly by law may establish shorter residence requirements for voting for President and Vice-President of the United States. Source: Amendment adopted at general election November 8, 1988.) SCHEDULE This Amendment takes effect upon its adoption by the electors of this State. First Reading of this Constitutional Amendment. Introduction - First Reading of Bills. Senate Bill 123, offered by Representative Wojcik, a Bill for an Act to amend the Real Estate License Act of 1983. First Reading of the Bill. Senate Bill 128, offered by Representative Andrea Moore, a Bill for an Act to amend the Election Code. First Reading of the Bill. Senate Bill 313, offered by Representative Daniels, a Bill for an Act An Act to increase general obligation bond authorization. First Reading of the Bill. Senate Bill 322, offered by Representative Hannig, a Bill for an Act making 201 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day appropriations Reading of April 23, 1993 to the State Board of Elections. First Reading of the Bill. Senate Bill 46, offered by Representative Biggert, a Bill for an Act to create the Lake Michigan Protection Authority. First Reading of the Bill. Senate Bill 520, offered by Representative Hannig, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Court of Claims. First Reading of the Bill. Senate Bill 524, offered by Representative Zickus, a Bill for an Act to amend the Public Community College Act. First Reading of the Bill. Senate Bill 526, offered by Representative Daniels, a Bill for an Act making appropriations to the Judicial Inquiry Board. First the Bill. Senate Bill 552, offered by Representative Stephens, a Bill for an Act to amend the Revenue Act of 1939. First Reading of the Bill. Senate Bill 586, offered by Representative Black, a Bill for an Act in relation to the Department of Agriculture and administrative procedures. First Reading of the Bill. Senate Bill 603, offered by Representative Giglio, a Bill for an Act to amend the Medical Practice Act of 1987. First Reading of the Bill. Senate Bill 946, offered by Speaker Madigan, a Bill for an Act making appropriations for the furnishing of legislative staff, secretarial, clerical, research, technical, telephone, other utility services, office equipment and office rental costs to Members of the General Assembly. First Reading of the Bill. Senate Bill 947, offered by Speaker Madigan, a Bill for an Act to provide for the ordinary and contingent expenses of the General Assembly. First Reading of the Bill. Senate Bill 948, offered by Speaker Madigan, a Bill for an Act making appropriations to various Legislative Support Agencies. First Reading of the Bill. Senate Bill 202 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 953, offered by Representative Hannig, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Auditor General. First Reading of the Bill. Senate Bill 1099, offered by Representative Daniels, a Bill for an Act making appropriations for the ordinary and contingent expenses of certain retirement systems. First Reading of the Bill. Senate Bill 558, offered by Representative Kubik, a Bill for an Act in relation to taxation. First Reading of the Bill. Senate Bill 314, offered by Representative Daniels, a Bill for an Act making reappropriations for permanent improvements, minor capital improvements, repairs and maintenance, and related purposes. First Reading of the Bill. Senate Bill 545, offered by Representative McAuliffe, a Bill for an Act to amend the Toll Highway Act by adding Section 12.1. First Reading of the Bill. Senate Bill 66, offered by Representative Kotlarz, a Bill for an Act to amend the Alternative Health Care Delivery Act. First Reading of the Bill. Senate Bill 87, offered by Representative Burke, a Bill for an Act to amend the School Code. First Reading of the Bill. Senate Bill 473, offered by Representative Maureen Murphy, a Bill for an Act to amend the Revenue Act of 1939. First Reading of the Bill. Senate Bill 538, offered by Representative Tom Johnson, a Bill for an Act to amend the Illinois Municipal Code. First Reading of the Bill. Senate Bill 5, offered by Representative Kubik, a Bill for an Act to amend the Revenue Act of 1939. First Reading of the Bill. Senate Bill 498, offered by Representative Leitch, a Bill for an Act to amend the Unemployment Insurance Act. First Reading of the Bill. Senate Bill 499, offered by Speaker Madigan, a Bill for an Act to amend the Workers' Compensation Act. First Reading 203 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day April 23, 1993 of the Bill. Senate Bill 940, offered by Representative McPike, a Bill for an Act in relation to forest preserve districts. First Reading of the Bill. Senate Bill 1024, offered by Representative Dart, a Bill for an Act to amend the Home Rule Note Act. First Reading of the Bill. Senate Bill 209, offered by Representative Parke, a Bill for an Act concerning adoption (sic-parental) notice of abortion. First Reading of the Bill. Senate Bill 387, offered by Representative Kubik, a Bill for an Act to amend the Hotel Operator's Occupation Tax Act. First Reading of the Bill. Senate Bill 447, offered by Representative Dart, a Bill for an Act to amend the Code of Civil Procedure. First Reading of the Bill. Senate Bill 718, offered by Representative Black, a Bill for an Act to amend the Bond Authorization Act. First Reading of the Bill. Senate Bill 730, offered by Representative Cowlishaw, a Bill for an Act to amend the School Code. First Reading of the Bill. Senate Bill 246, offered by Representative Lindner, a Bill for an Act to amend the Civil Administrative Code. First Reading of the Bill. Senate Bill 779, offered by Representative Roskam, a Bill for an Act to amend the Criminal Code of 1961. First Reading of the Bill. Senate Bill 892, offered by Representative Andrea Moore, a Bill for an Act to amend the Counties Code. First Reading of the Bill. Senate Bill 899, offered by Representative Mulligan, a Bill for an Act to amend the Abused and Neglected Child Reporting Act. First Reading of these Bills. There being no further business, the House Perfunctory Session stands adjourned. The House will reconvene next Monday at...27th of April at 3 p.m." 204 REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 23, 1993 93/09/22 11:28:16 HB-0044 THIRD READING PAGE 32 HB-0074 THIRD READING PAGE 106 HB-0127 SECOND READING PAGE 108 HB-0127 THIRD READING PAGE 108 HB-0132 SECOND READING PAGE 158 HB-0132 THIRD READING PAGE 158 HB-0208 THIRD READING PAGE 57 HB-0295 THIRD READING PAGE 58 HB-0298 RECALLED PAGE 35 НЬ-0298 THIRD READING PAGE 35 HB-0300 THIRD READING PAGE 34 HB-0314 SECOND READING PAGE 178 HB-0314 THIRD READING PAGE 179 HB-0318 THIRD READING PAGE 59 HB-0410 THIRD READING PAGE 110 HB-0429 SECOND READING PAGE 107 HB-0429 THIRD READING PAGE 113 H5-0431 SECOND READING PAGE 172 HB-0431 THIRD READING PAGE 173 HB-0497 THIRD READING PAGE 37 HB-0500 SECOND READING PAGE 159 HB-0500 THIRD READING PAGE 160 HB-0503 SECOND READING PAGE 110 H5-0521 THIRD READING PAGE 4 HB-0601 THIRD READING PAGE 111 H3-0701 THIRD READING PAGE 60 HB-0724 THIRD READING PAGE 60 HB-0730 THIRD READING PAGE 5 HB-0742 THIRD READING PAGE 21 HB-0749 THIRD READING PAGE 61 HB-0774 SECOND READING PAGE 112 HB-0774 THIRD READING PAGE 112 HB-0786 THIRD READING PAGE 67 HB-0787 THIRD READING PAGE 37 H3-0789 THIRD READING PAGE 194 HB-0909 THIRD READING PAGE 68 HB-0913 THIRD READING PAGE 175 HB-0954 THIRD READING PAGE 113 HB-1026 SECOND READING PAGE 182 HB-1026 THIRD READING PAGE 182 HB-1066 SECOND READING PAGE 157 HB-1066 THIRD READING PAGE 157 HB-1074 SECOND READING PAGE 189 HB-1074 OUT OF RECORD PAGE 191 HB-1083 SECOND READING PAGE 165 HB-1083 THIRD READING PAGE 166 HB-1087 SECOND READING PAGE 191 HB-1108 THIRD READING PAGE 25 HB-1118 THIRD READING PAGE 68 HB-1125 THIRD READING PAGE 167 HB-1154 THIRD READING PAGE 169 HB-1154 POSTPONED CONSIDERATION PAGE 172 HB-1155 SECOND READING PAGE 114 H3-1155 THIRD READING PAGE 115 HB-1156 SECOND READING PAGE 115 HB-1156 THIRD READING PAGE 116 HB-1161 THIRD READING PAGE 119 HB-1236 SECOND READING PAGE 120 H3-1236 HELD ON SECOND PAGE 124 HB-1255 THIRD READING PAGE 177 HB-1274 SECOND READING PAGE 168 HB-1274 THIRD READING PAGE 168 HB-1302 SECOND READING HB-1302 THIRD READING PAGE 124 PAGE 126 REPORT: TIFLDAY PAGE: 002 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 23, 1993 93/09/22 11:28:16 HB-1315 THIRD READING PAGE 43 H8-1319 THIRD READING PAGE 69 HE-1347 THIRD READING PAGE 29 HB-1386 THIRD READING PAGE 174 HB-1386 MOTION PAGE 189 HB-1410 THIRD READING PAGE 176 HB-1440 SECOND READING PAGE 124 HB-1440 THIRD READING PAGE 125 HB-1450 THIRD READING PAGE 71 HB-1460 THIRD READING PAGE 26 H3-1532 THIRD READING PAGE 128 HB-1542 THIRD READING PAGE 41 HB-1560 THIRD READING PAGE 50 H3-1565 SECOND READING PAGE 130 HB-1575 THIRD READING PAGE 129 HB-1576 THIRD READING PAGE 130 HB-1613 THIRD READING PAGE 178 HB-1631 THIRD READING PAGE 70 HB-1678 RECALLED PAGE 132 HB-1678 THIRD READING PAGE 134 HB-1704 THIRD READING PAGE 31 HB-1715 RECALLED PAGE 79 HB-1715 THIRD READING PAGE 80 HB-1715 POSTPONED CONSIDERATION PAGE 86 HB-1775 SECOND READING PAGE 183 HB-1775 THIRD READING PAGE 184 HB-1786 THIRD READING PAGE 86 H3-1814 THIRD READING PAGE 133 HB-1818 THIRD READING PAGE 138 HB-1884 SECOND READING PAGE 162 HB-1884 THIRD READING PAGE 162 HB-1884 POSTPONED CONSIDERATION PAGE 165 HB-1902 RECALLED PAGE 78 HB-1902 THIRD READING PAGE 86 HB-1926 THIRD READING PAGE 139 HB-1939 SECOND READING PAGE 141 HB-1939 THIRD READING PAGE 141 HB-1940 THIRD READING PAGE 185 HB-2010 SECOND READING PAGE 143 HB-2010 THIRD READING PAGE 145 HB-2036 THIRD READING PAGE 143 HB-2053 THIRD READING PAGE 88 HB-2073 THIRD READING PAGE 6 HB-2081 THIRD READING PAGE 18 HB-2105 THIRD READING PAGE 90 HB-2108 SECOND READING PAGE 155 HB-2108 THIRD READING PAGE 155 HB-2132 THIRD READING PAGE 14 HB-2158 THIRD READING PAGE 180 HB-2234 THIRD READING PAGE 92 HB-2264 THIRD READING PAGE 17 HB-2307 RECALLED PAGE 104 HB-2307 THIRD READING PAGE 105 HB-2311 THIRD READING PAGE 105 HB-2370 SECOND READING PAGE 186 HB-2370 THIRD READING PAGE 186 HB-2372 SECOND READING PAGE 147 HB-2372 THIRD READING PAGE 148 HB-2392 THIRD READING PAGE 148 HB-2399 THIRD READING PAGE 150 HB-2425 SECOND READING PAGE 151 HB-2425 THIRD READING PAGE 153 HB-2427 THIRD READING PAGE 153 HB-2444 SECOND READING PAGE 156 REPORT: TIFLDAY PAGE: 003 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 23, 1993 93/09/22 11:28:16 HB-2444 THIRD READING PAGE 157 SB-0005 FIRST READING PAGE 203 SB-0046 FIRST READING PAGE 202 SB-0066 FIRST READING PAGE 203 SB-0087 FIRST READING PAGE 203 SB-0096 FIRST READING PAGE 2 SB-0123 FIRST READING PAGE 201 SB-0128 FIRST READING PAGE 201 SB-0209 FIRST READING PAGE 204 SB-0211 FIRST READING PAGE 2 SB-0227 FIRST READING PAGE 2 SB-0246 FIRST READING PAGE 204 SB-0268 FIRST READING PAGE 2 SB-0311 FIRST READING PAGE 2 SB-0313 FIRST READING PAGE 201 SB-0314 FIRST READING PAGE 203 SB-0315 FIRST READING PAGE 2 SB-0316 FIRST READING PAGE 2 SB-0317 FIRST READING PAGE 2 SB-0318 FIRST READING PAGE 2 SB-0319 FIRST READING PAGE 2 SB-0320 FIRST READING PAGE 2 SB-0321 FIRST READING PAGE 2 SB-0322 FIRST READING PAGE 201 SB-0387 FIRST READING PAGE 204 SB-0447 FIRST READING PAGE 204 SB-0473 FIRST READING PAGE 203 SB-0498 FIRST READING PAGE 203 SB-0499 FIRST READING PAGE 203 SB-0520 FIRST READING PAGE 202 SB-0521 FIRST READING PAGE 2 SB-0524 FIRST READING PAGE 202 SB-0526 FIRST READING PAGE 202 SB-0527 FIRST READING PAGE 2 SB-0538 FIRST READING PAGE 203 SB-0545 FIRST READING PAGE 203 SB-0552 FIRST READING PAGE 202 SB-0558 FIRST READING PAGE 203 SB-0586 FIRST READING PAGE 202 SB-0603 FIRST READING PAGE 202 SB-0718 FIRST READING PAGE 204 SB-0730 FIRST READING PAGE 204 SB-0779 FIRST READING PAGE 204 Sa-0892 FIRST READING PAGE 204 SB-0899 FIRST READING PAGE 204 SB-0940 FIRST READING PAGE 204 S6-0945 FIRST READING PAGE 3 SB-0946 FIRST READING PAGE 202 SB-0947 FIRST READING PAGE 202 SB-0948 FIRST READING PAGE 202 SB-0953 FIRST READING PAGE 203 SB-1024 FIRST READING PAGE 204 SB-1099 FIRST READING PAGE 203 *HJR-0017 FIRST READING PAGE 200 SJR-0048 ADOPTED PAGE 200 SJR-0048 RESOLUTION OFFERED PAGE 199 SUBJECT MATTER HOUSE TO ORDER SPEAKER MCPIKE PRAYER REVEREND JACK HOFFMAN PLEDGE OF ALLEGIANCE ROLL CALL ATTENDANCE AGREED RESOLUTIONS PAGE 1 PAGE 1 PAGE 1 PAGE 1 PAGE 3 REPORT: TIFLDAY PAGE: 004 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 23, 1993 SUBJECT MATTER 93/09/22 11:28:16 GENERAL RESOLUTIONS PAGE 3 REPRESENTATIVE CURRIE IN CHAIR PAGE 77 REPRESENTATIVE GIGLIO IN CHAIR PAGE 103 REPRESENTATIVE MCPIKE IN CHAIR PAGE 104 SPEAKER MADIGAN IN CHAIR PAGE 154 ADJOURNMENT PAGE 200 PERFUNCTORY SESSION PAGE 200 PERFUNCTORY SESSION ADJOURNMENT PAGE 204