June 3, 1993 "The House will come to order and the Members will be in their seats. The Chaplain for today is Rabbi Michael Datz of the Temple B'rith Shalom in Springfield, Illinois. Rabbi Datz is the guest of Representative Mike Curran. The guests in the gallery are invited to rise and join us for the invocation. Rabbi Datz."
"All of life is a gamble. There is very little that we can say with certainty, and yet we might wish to consider this. Lord, where can we find You? Your glory fills the world. Behold, we find You where the plowman breaks the hard soil, where the guarrier explodes stone out of the hillside, where the miner digs metals out of the reluctant earth, where men and women earn their bread by the sweat of their brow, among the lonely and poor, the lowly and lost, in blazing heat and shattering storm, You are with them. Behold we find You in the mind free to sail by its own star. In words that spring from the depth of truth, where endeavor reaches undespairing for perfection. Where the scientist toils to unravel the secrets of Your world. Where the poet makes beauty out of words. Wherever people struggle for freedom. Wherever noble deeds are done. Behold, we find You in the shouts of children, merry at their play. In the mother's lullaby as she rocks her baby in the cradle. In the sleep falling on his infant eyelids, and in the smile that dances on his sleeping lips. Behold, we find You when dawn comes up bearing golden gifts, and in the fall of evening peace and rest from the western sea. In the current of life flowing day and night through all things, throbbing in our sinew's and in the dust of the earth and every leaf and flower. Behold, we find You in the wealth of joys that quickly fade, in the life that from eternity dances in our blood. In birth, 1 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 which renews the generations continually, and in death knocking on the doors of life. Lord, give us strength never to disown the poor. Never before insolent might to bow the head. Give us strength to raise our spirits high above daily trifles, lightly to bear our joys and sorrows, and in love to surrender all our strength to Your will. For great are Your gifts to us; the sky and the light, this our flesh, life in the soul, treasures beyond price, treasures of life and of love and together let us say, Amen."
"Thank you very much. We'll be led in the Pledge of Allegiance by Representative Morrow." Morrow et al"I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Representative Kubik, are there any excused absences?"
"Yes. Let the record reflect that Representative Bernard Pedersen is excused today due to illness."
"Representative Turner."
"Yes, Madam Chairman. Let the record reflect that Representative Monroe Flinn is excused today due to illness."
"The record will reflect both of those absences. One hundred sixteen Members answering the quorum call, a quorum is present. Supplemental Calendar Announcement."
"Supplemental Calendar #1 is being distributed."
"Committee Reports."
"Committee Report. Committee on Rules has met, and pursuant to rule 14(a)6, Bills referred pursuant to rule 46.1. Committee on Rules recommends consideration and 2 70th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 3, 1993 the Bills will be placed on the Order of Amendatory Compliance. House Bill 1886. Committee on Rules has met and pursuant to rule 14(a)5 House Bill amended in the Senate. Rules recommends consideration, and the Bills will be placed on the Order of Concurrence: House Bills 1218 and 1464. Committee on Rules has met and pursuant to Rule 14(a)4 Conference Committee House Members appointed. Rules recommends consideration and the Bill will be placed on the Order of Conference Committee: House Bill 837, 1319, 2080. Senate Bills 499, 869, 926, 935, 964 and 1096. Offered June 3, 1993, by Chairman Committee on Rules, Frank Giglio."
"On Supplemental Calendar #1, Special Order of Business concurrence, appears House Bill 1218. Representative McAfee, with the Motion."
"Thank you Madam Speaker, Ladies and Gentlemen of the House. I move the House nonconcur with Senate Amendment #1."
"Representative McAfee moves the House not concur in Senate Amendment #1 to House Bill 1218. Is there any discussion? All in favor say 'aye'; opposed, 'no'. The 'ayes' have it and the House does not concur in Senate Amendment #1 to House Bill 1218. For what reason does Representative Skinner rise?"
"I would just like to know if the Amendment we are nonconcurring with has been distributed?"
"I would assume so."
"Well, I wouldn't. Considering it wasn't yesterday. That's why I'm asking the question."
"Well, that question isn't timely, as we've already refused to concur in that Amendment."
"Well, then I ask the question on the next Bill." 3 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993
"We'll check. We'll check on that. On the Supplemental Calendar #1, Special Order of Business Conference Committee Reports, appears House Bill 837, Representative Bugielski."
"Thank you, Madam Speaker, Members of the House. The First Conference Committee on House Bill 837 is an agreed...we came to an agreement between the Supreme Court and the court reporters. What we did, is the original Bill stayed the same and there was a conflict between the court reporters and the Supreme Court and the Supreme Court came to an agreement with the court reporters, and I ask for its adoption, of Conference Committee #1."
"Representative Bugielski, moves the House adopt Conference Committee Report #1 to House Bill 837. On that Motion is there any discussion? All in favor of the Motion signify by voting 'aye'; opposed vote 'no'. Voting is open. Representative Wennlund."
"Is this Conference Committee Report been printed and distributed? We don't seem to have a copy of it."
"Has this Conference Committee Report been distributed? Can the Page tell me whether this has been distributed? It has not been distributed. Clerk, could you dump the roll call? All right. So, I think that because the report has not been distributed, I think we should dump this roll call. Could we ask whether any of these Conference Committee Reports have been distributed? Okay, in five minutes they will be distributed. The Chair has an answer to Representative Skinner's question in respect to Senate Amendment #1 on House Bill 1218. Yes, that Amendment has been...had been distributed before we took action on Representative McAfee's Motion. On the Regular Calendar on page 4 under the Order of concurrence, 4 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 appears House Bill 1305. Out of the record. On Supplemental Calender #1 appears under the Order of Amendatory Vetoes, Governatorial Compliance, House Bill 1886, and Representative Dart has a Motion. Representative Dart. Representative Dart has a Motion in respect to House Bill 1886, the Amendatory Veto."
"Thank you, Speaker. As to House Bill 1886, I move that the House accept the Governor's Amendatory Veto to this. The veto merely adds a immediate effective date to the Bill."
"Representative Dart moves the House accept the Governor's Amendatory Veto in respect to House Bill 1886. On that Motion is there any discussion? If not, all in the favor of the Motion vote 'aye'; opposed vote 'no'. This is final action. 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 113 voting 'aye', 0 voting 'no', and the House does accept the Governor's specific recommendations for change in House Bill 1886. Let us return to Representative Lopez's Motion that he was about to put in respect to House Bill 1305, on page 4 of the Regular Calendar, under concurrence. Representative Lopez."
"Thank you, Madam Chairman. I move to concur with Senate Bill 1 to House Bill 1305. This legislation now provides that any student enrolled in a state approved bilingual program shall be exempted from the state assessment test. It assumes lack of English as determined by an English language proficiency test, will keep the student from understanding the test, so that districts shall have an alternative assessment program in place for that student. This is the same, basically the same Bill that came of this 5 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 House chamber about a month ago, and I move to concur with Senate Bill 1."
"Representative Lopez moves that the House concur in Senate Amendment 1 to House Bill 1305, and on that Motion is there any discussion? Representative Black."
"Thank you very much, Madam Speaker. Will the Sponsor yield?"
"He will."
"Representative, this is the Bill that you and I just talked about. The Senate Amendment becomes the Bill, is that correct?"
"You're correct."
"And the State Board is in agreement with the Senate Amendment about the exemption for bilingual?"
"Yes, that's my understanding. There is no opposition to this Bill."
"Okay. I appreciate your taking the time to talk with us about it. Thank you very much. I intend to vote 'aye'."
"Thank you."
"Further discussion? Hearing none the question is, 'Shall the House concur in Senate Amendment 1 to House Bill 1305?' 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. And on this Motion, 112 voting 'aye', 0 voting 'no'. The House... Representative Pugh. Representative Pugh. The House does concur in Senate Amendment 1 to House Bill 1305, and this Bill having received the required Constitutional Majority, is hereby declared passed. Representative Granberg, for what reason do you rise?"
"Thank you Madam Speaker. On a note of personal privilege. I would like to take this opportunity to thank 6 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 Representative Black. He was kind enough, since he's gotten this new found notoriety that he sent over a huge box of chocolates, and he wants to be invited to come over and have some. So, I'd like to extend that offer to all the Members, to come over here and enjoy some of Bill Black's chocolates. Now I'm not sure why Representative Black is sending me candy, but everyone is more than welcome to come over and enjoy those little tidbits that the Representative sent."
"On page 2 of the Calendar, the Regular Calendar, appears under Senate Bills Third Reading, Senate Bill 406, Representative Deering. Clerk, read the Bill."
"Senate Bill 406, a Bill for an Act to amend the Coal Mining Act. Third Reading of this Bill."
"Representative Deering."
"Thank you, Speaker. May I bring this Bill back to Second for purposes of an Amendment?"
"Representative Deering asks leave to bring this Bill to Second Reading for purposes of Amendment. Is there leave? Hearing no objection, leave is granted. The Bill is now on Second Reading. Clerk, are there any Amendments?"
"Floor Amendment #7, offered by Representative Hawkins."
"Representative Hawkins."
"I want to move to table Amendment #6."
"Amendment #7."
"Six. Table #6."
"Clerk, was Amendment #6 adopted?"
"Amendment #6 has been adopted."
"Representative Hawkins moves to table Amendment 6 to Senate Bill 406. Is there any discussion? 7 70th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 3, 1993 Representative Wennlund. No. Representative Deering, discussion on that Motion? All in favor of the Motion. Representative Deering."
"The Sponsor withdrew Amendment #7, asks for adoption Amendment #8?"
"The Motion before the Body is to table Amendment #6."
"That's fine."
"All in favor of tabling Amendment 6 signify by saying 'aye'; opposed, 'no'. The 'ayes' have it and the Motion is adopted. Further Amendments?"
"Floor Amendment #7, offered by Representative Hawkins."
"Representative Hawkins."
"I would like to withdraw Amendment #7."
"Representative Hawkins withdraws Amendment 7. Is there leave? Leave is granted. Are there further Amendments?"
"Floor Amendment #8, offered by Representative Hawkins."
"Representative Hawkins, on Amendment 8."
"Madam Chairman, Ladies and Gentlemen of the House. This has been discussed on the House floor before. This Amendment is the results of working with both the Department of Transportation and the Department of Conservation on a provision that would allow DOC and DOT to sell land to river conservatory districts in southern Illinois, where they could in turn lease them for private development. I'll be glad to answer any questions."
"Representative Hawkins moves 'do adopt' on Amendment 8 to Senate Bill 406, and on that Motion is there any discussion? Hearing none the question is, all in favor 8 70th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 3, 1993 of adopting the Amendment signify by saying 'aye'; opposed, 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Supplemental Calender #1, under Conference Committee Reports, appears Senate Bill 8...I'm sorry, House Bill 837, Representative Bugielski. Representative Bugielski. Here he comes, right down the center aisle."
"Thank you, Madam Speaker, Members of the House. Move to accept Conference Committee #1 on House Bill 837. On House Bill 837 when it came back from the Senate the Senate Amendment was put on, #2, and we are going to leave Senate Amendment #2 on there, which provides for a waiver to be placed for the continuing education requirements, and on the Conference Committee we also...so , we're concurring with Senate Amendment #2, and we are saying that the court reporters shall receive their COLA for another year. Their COLA expires at the end of this year, and we are extending their COLA for one more year. This is an agreement that was reached between the court reporters and the Supreme Court. So, I ask for the adoption of Conference Committee #1."
"Representative Bugielski moves the House adopt the First Conference Committee Report on House Bill 837. On that Motion is there any discussion? Hearing none the question is, 'Shall the House adopt this Conference Committee Report?' 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 this Motion there are 79 voting 'aye', 36 voting 'no'. The House does adopt the First Conference 9 70th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 3, 1993 Committee Report on House Bill 837. And this Bill, having received the required Constitutional Majority, is hereby declared passed. On Supplemental #1 the Conference Committee Order, appears Senate Bill 869, Representative Schakowsky. Representative Schakowsky."
"Thank you, Speaker and Ladies and Gentlemen of the House. I move that we accept the Conference Committee Report on Senate Bill 869, and move its adoption."
"Would you like to explain what's in the Conference Committee Report?"
"Yes. The Conference Committee Report keeps the underlying Bill and in addition to it of some agreed upon language referring to hate crimes and drops some language that proved to be controversial regarding the use of model airplanes. So, that is now out of the Bill, and I know of no opposition, and I move the adoption of the Conference Committee Report."
"Representative Schakowsky moves the House adopt the First Conference Committee Report on Senate Bill 869, and on that Motion is there any discussion? Representative Black."
"Thank you very much, Mr. Speak... Madam Speaker. Will the Sponsor yield?"
"She will."
"Thank you. Representative, I'm looking at our staff analysis of Conference Committee Report #1, is that what we're on, Senate Bill 869?"
"Yes."
"All right. Senate Bill 869, you've agreed to recede from House Amendment #2, correct?"
"Correct."
"And what did the Senate do in relationship to House 10 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 Amendment #3, which was a Representative Levin Amendment on hate crimes?"
"There was some concern about the question of double jeopardy that was raised here, and so the change in the Senate replaced the language that raised any question on whether someone could be placed in double jeopardy."
"All right. But, but bear with me. The language that the Senate put in says; 'in a prosecution for hate crime the defendant may be convicted of a hate crime, even though he or she has not been charged with the underlying offense'. How does that make Amendment #3 a better Amendment?"
"I'm going to be candid with you, Representative, it... What I can tell you is that the people who had raised the initial concerns and participated in the negotiations on this language, were, in fact, satisfied that it met their concerns, and I'm afraid I can't elaborate further for you."
"All right, and I appreciate your honesty. I...It's your decision to proceed, but I will stand in opposition until I can find a member of our legal staff to explain this. I think there are several people, like me, who are not attorneys who look at this Amendment, and it just seems to scream out at you in simple language that you may be convicted of a crime, even though you've not been charged with said crime. Now it's my understanding that it was cleaned up, but you know to a non attorney like me it sure doesn't make any sense. I can't support it until we can cut through the noise on the Floor and get our legal staff people up here so that everybody I would hope knows what they're voting for. Given that fact, I'd like for you to take it out of the record for a few minutes."
"That would be fine. Let me take it out of the 11 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day record."
June 3, 1993 "Out of the record. On the Supplemental Calendar #1 under Conference Committee Reports, appears Senate Bill 926, Representative Moseley. Representative Moseley." "Thank you, Madam Speaker. Ladies and Gentlemen, the Conference Committee Report on Senate Bill 926 includes a number of provisions, and I'm going to outline them rather slowly. First of all, the first provision allows the University of Illinois to enter into multi-year contracts for the purchases of fuel. This would allow them to enter not into just seven-year contracts but ten year contracts for the purchases of natural gas and coal to save the state some money as we're running our universities. Provision number two, would allow prompt payment and interest claims to be made for vendors of under $5. Dentists, it is my understanding, is...are the industry that most frequently receive late payment who would want to claim this $5. This is very good legislation for state employees because frequently, the state is paying our dentists late and it would allow the employees to...to go to their dentist and be taken care of in a timely manner. Number three, allows the Northern Illinois public radio or television station to continue to operate under a test license from the FCC, and the entrepreneurship education institute at Northern Illinois University to continue operation. And, finally, the last provision is...an Illinois student commission in conjunction with the Secretary of State to press those persons who are in default of a student loan and are currently employed as stockbrokers, only those natural persons who are employed as stockbrokers into making repayment and if they do not make repayment, they can take their licenses. I ask for a 'yes' vote on this, and I'm 12 70th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 3, 1993 available to answer any questions."
"Representative Moseley moves that the House does adopt the First Conference Committee Report on Senate Bill 926; and, on that Motion, is there any discussion? Representative Black."
"Thank you very much, Madam Speaker. Just to alert Members on my side of the aisle, the Sponsor has worked very diligently on this. I know of no opposition. The Secretary of State is in concurrence with those items that effect them. Central Management Services is in total agreement with the dental people, and I intend to vote 'aye', and I congratulate the Sponsor on some very difficult work in putting this together."
"Further discussion? Hearing none, the question is, 'Shall the House adopt the First Conference Committee Report on Senate Bill 926?' 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? Have all voted who wish? The Clerk will take... Frederick, 'aye'. Frederick, 'aye'. The Clerk will take the record. On this Motion, 115 voting 'aye', 0 voting 'no'. The House adopts the First Conference Committee Report on Senate Bill 926; and this Bill, having received the required Constitutional Majority, is hereby declared passed. Committee Reports, and Representative Turner in the Chair."
"Committee Report. Committee on Rules has met, and pursuant to rule 14(a)6, Bills referred pursuant to rule 27 and 37. Committee on Rules recommends consideration, and the Bill will be placed on the Order of Second Reading: Senate Bills 102 and 110. The Committee on Rules has met, and pursuant to rule 14(a)5, House Bills amended in Senate. Rules recommends consideration, and the 13 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 Bills on the Order of concurrence: House Bill 936. And the Committee on Rules has met pursuant to rule 14(a)4, Conference Committee House Members appointed, Rules recommendations consideration, and the Bills will be placed on the Order of Conference: House Bills 1553, 2397 and Senate Bills 290 and 940. Offered by Frank Giglio, Committee on Rules."
"For what purpose does the Lady from Cook, Representative Zickus rise?"
"Thank you, Mr. Speaker. I would like to be reported as voting 'aye' on House Bill 926 please."
"The record will so reflect."
"Thank you."
"Supplemental Calendar #2 is being distributed. The Lady from Cook, Representative Erwin, for what reason do you rise?"
"I rise on a point of personal privilege, Speaker. I would like the Members of the House to join me today in recognizing the 8th grade classes from one of Chicago's finest public schools, the Lincoln School in Lincoln Park. Will you please recognize the Lincoln School from Lincoln Park, thank you."
"On the Order of Conference Committee Reports, we have House Bill 1319, Representative Currie."
"Thank you, Speaker and Members of the House. I move the House adopt the First Conference Committee Report on House Bill 1319. The underlying Bill is an effort to implement the constitutional change approved by the voters last November in respect to adopting a crime victims Bill of Rights. The differences is between the Senate and the House had to do with the Senate Amendment in respect to the question how are people who fail to notify victims treated 14 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 under lawsuits an SO forth, and the language of this Conference Committee meets the concerns of states attorneys and others, in effect by saying that there will be limits on whatever immunity might otherwise prevail on the question of exception to the Act that are done in a negligent fashion. I'd be happy to answer your questions, and would move for adoption of this First Conference Committee Report."
"Are there any questions? Seeing none the question is, 'Shall the House adopt Conference Committee Report #1 to House Bill 1319?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 115 voting 'yes', 0 'noes', 0 'presents', and the House does adopted Conference Committee Report to House Bill 1319, and this Bill having received the Constitutional Majority, is hereby declared passed. Under Supplemental Calendar #2, we have Senate Bill Second Reading, Senate Bill 110. Out of the record, Mr. Clerk. We have Senate Bill 110, Supplemental Calendar #2. The Gentleman from Will, Representative Wennlund, for what reason do you rise?"
"Thank you, Mr. Speaker, a question of the Chair? Have any of these Conference Committee Reports been printed and distributed in accordance with the rules, and on the desks for the requisite amount of time?"
"Representative, this is Second..."
"On Second Supplemental?"
"This is a Second Reading Bill. This is not a Conference Committee Report. It's a Senate Bill Second Reading." 15 70th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 3, 1993
"The question relates to any of the Conference Committee Reports on the Supplemental #2."
"When we get to that Order of Business, we'll be able to address your question."
"Okay. Thank you."
"Read the Bill, Mr. Clerk."
"Senate Bill 110, a Bill for an Act to amend the Revenue Act of 1939. Second Reading of the Bill. No Committee Amendments. No Floor Amendments."
"Third Reading. Under Supplemental Calendar #1, we have Senate Bill 869, Representative Schakowsky. Out of the record, Mr. Clerk. We have Senate Bill 935, Representative Walsh. The Gentleman from Cook, Representative Walsh."
"Thank you, Mr. Speaker and Members of the House. I move that the House approve Conference Committee Report on Senate Bill 935. Well, what this Conference Committee Report does is create the financial institutions Banking Act, and additionally, it amends the Responsible Property Transfers Act, and I would move for a favorable passage. There are no known opponents to this report."
"Any questions? Seeing none. The Gentleman from Clinton, Representative Granberg."
"Thank you. Will the Gentleman yield? Representative Walsh, now this is...if I understand correctly, this is now agreed by all of the parties and there are no objections to the Bill? I think there was concerns before the Conference Committee Report, and...but all the parties are now board? There are no...?"
"Yes."
"Including Representative Kubik? Is Representative Kubik on board on it?" 16 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993
"Representative Kubik is in favor of it, and...because of the fact this does also help the small banks."
"Okay. Thank you."
"The Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, Conference Committee Report #1 creates the Financial Institutions Banking Act. That's no great change, correct? I means that doesn't abdicate what we did on branch banking earlier."
"No."
"Does it allow a branch bank at the Brookfield Zoo?"
"Yes. We're going to try to do that, yes."
"I understand, and the Responsible Property Transfer Act, doesn't have anything to do with the unclaimed property and where those dollars revert? For example, those now revert to the pension systems, and you're not doing anything to unclaimed property and how that money is disposed of?"
"No."
"All right. Thank you very much, you've appeared...you've done an excellent job on a very complicated Bill, I congratulate you. Thank you very much, Mr. Speaker."
"Thank you, Representative."
"Seeing no further questions the question is, 'Shall the House adopt Conference Committee Report #1 to Senate Bill 935?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 114 'yes', 0 'noes', 1 voting 'present', and the House does 17 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 adopt Conference Committee Report 1 to Senate Bill 935, and the Bill having received the required Constitutional Majority, is hereby declared passed. Representative Currie back in the Chair."
"Supplemental Calendar #1, Conference Committee Reports, appears Senate Bill 964, Representative Salvi."
"Thank you Mr. Speaker. There was some technical changes made in the Conference Committee Report, and there no opposition that I know of. I move for acceptance of the report."
"Representative Salvi moves that the House adopt the First Conference Committee Report on Senate Bill 964. On that Motion is there any discussion? Hearing none, all in favor of the Motion vote 'aye'; opposed vote 'no'. This is final action. 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 114 voting 'yes', 0 voting 'no'. The House does adopt the First Conference Committee Report on Senate Bill 964, and this Bill having received the required Constitutional Majority, is hereby declared passed. Supplemental #2 appears on the Order of concurrence, House Bill 936, Representative Lang. For what reason does Representative Walsh rise?"
"Thank you Madam Speaker. Could I just be recorded as an 'aye' on the last vote please."
"The record will reflect that Representative Walsh wished to have been recorded 'aye' on the Motion, the Conference Committee Motion on Senate Bill 964. Representative Lang, are you ready? Representative Lang, for a Motion not to concur."
"Thank you, Madam Speaker. I would move to nonconcur in 18 70th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 3, 1993 Senate Amendment #1."
"Representative Lang moves not to concur in Senate Amendment #1 on House Bill 936, and on that Motion, Representative Skinner."
"I merely want to know if it's been distributed?"
"Clerk, can you help us with that question? The Clerk informs the Chair that that Amendment has been distributed. Is there any further discussion on the Motion, if not, all in favor of the Motion not to concur in Senate Amendment #1 to House Bill 936 say 'aye'; opposed, 'no'. The 'ayes' have it and the House does not concur in Senate Amendment #1 to House Bill 936. On Supplemental Calendar #2, Conference Committee Reports, Senate Bill... I'm sorry, House Bill 1553, Representative Brunsvold. Out of the record. Representative Leitch, for what reason do Leitch: you rise?" "Thank you Madam Speaker. The purpose of this is to announce that immediately after adjournment, we will have a Republican conference. Immediately after adjournment Republican conference in room 118."
"Thank you. We're ready to go with Senate Bill 940, Representative Mc Pike is not in the chamber. Representative Cross, do you wish to handle this Conference Committee Report? Representative Granberg, on the Conference Committee Report on Senate Bill 940. Representative Granberg."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Conference Committee Report to Senate Bill 940 is an agreement between the parties for DuPage County, Lake County I believe, and requests by a Representative on this side. This has been agreed to by both sides of the aisle, and by the Senate and the House. There is no objection. 19 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 There are no opponents to the legislation. I'd be happy to answer any questions."
"Representative Granberg moves the House 'do adopt' the First Conference report on Senate Bill 940, and on that Motion is there any discussion? Representative Cowlishaw."
"Thank you very much, Madam Speaker, will the Sponsor yield?"
"He indicates he will."
"Representative, to what extent does this Conference Committee Report affect any forest preserve located in DuPage County?"
"Representative Cowlishaw, that was at the request of Pate Philip, the language that's in the Conference Committee Reports."
"Pardon me Sir, that's not the question. I didn't ask who requested it. I asked what that still remains in this Bill in accord with the contents of the Conference Committee Report, to what extent does that affect any forest preserve in DuPage County, and what does it do?"
"It exempts the forest preserve district in counties of 3 million or less population, which would be DuPage, that has located on its land an operating land fill that would be...that would exempt them from paying property taxes on the district property. So, that would apply to DuPage as it applied to other counties."
"Thank you very much. Madam Speaker, to the Bill. To the report. Ladies and Gentlemen, I understand that the people in my own county have a really serious problem with this, because many, many years ago the Forest Preserve Commission in DuPage county established landfills on the properties of two of our forest preserves. During all 20 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 these years, despite the fact that those landfills have been very, very profitable to the organizations that are running them, they have paid no real estate taxes whatsoever because they are located on forest preserve property. This issue is now being litigated and we have attorneys for our local school districts that are trying to achieve the payment of back taxes on all those excessive and really remarkable profits that have been accruing over all these years to the operators of those forest...those landfills who have paid no taxes because they happen to have an operation that is located on publicly owned land. That is now in the courts, and I do not know what the outcome of that will be. But, I just want everyone here to realize that what you are doing if you endorse this Conference Committee Report is that you are endorsing profit making ventures on publicly owned lands, and exempting those profits and those people who make the profits from having to pay taxes for their local schools."
"Further discussion? Hearing none the question is, 'Shall the House adopt the First Conference Committee Report on Senate Bill 940?' All in favor vote 'aye'; opposed vote 'no'. Voting is open. Representative Granberg, to explain his vote, one minute. Representative Granberg. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion there are 37 voting 'yes', 70 voting 'no', and the Motion fails. The House does not adopt the First Conference Committee Report on Senate Bill 940. Does the Sponsor request a Second Conference Committee? A Second Conference Committee appointment is requested. Back to Supplemental Calendar #323, Representative Brunsvold is now ready with a Conference Committee Report on House Bill 1553. 21 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 3, 1993 70th Legislative Day Representative Brunsvold."
"Thank you, Madam Speaker. House Bill 1553, the original underlying Bill dealt with the orange cap for hunting. That remains in the Bill, along with the Senate Amendments that clarifies that language. Also, in this Bill is a section dealing with horse back riding in Dixon Park District, which was requested on a transfer of land from the Department of Conservation to the Park District. Certain rules prevail there that you couldn't ride horses, well this language changes that. This was at the request of Senator Sieben and Representative Penny von Bergen-Wessels. Second section deals with the 300 yard hunting exception dealing with shot shells only. The third item deals with the Department of Conservation by Administrative Rules sitting the number of hunters in a goose blind. That was put together by the group of goose hunters from southern Illinois and the Department of Conservation. It also provides a section for Department of Public Health, dealing with the Good Samaritan Act we passed last year donating wild game, that clarifies that language. Previously, the trial lawyers opposed that, they are now in agreement with the language. We changed that, so they are not opposed any more to that, and with that I would answer any questions and ask for the adoption of Conference Committee #1 to House Bill 1553."
"Representative Brunsvold moves 'do adopt' on the First Conference Committee Report on House Bill 1553, and on that Motion for discussion, Representative Dart."
"Thank you, Speaker. Will the Sponsor yield?"
"He will."
"The provisions dealing with allowing an individual to hunt within a 100 yards of a dwelling of another person without 22 70th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 3, 1993 their permission, what's the present status of the law?"
"We have had in this state the provision for 300 yards for years."
"It's 300 yards presently."
"And that remains in there, except for upland game. Now we changing that to 100 yards. Many people that own their own ground and they have a house that is on someone elses ground is within 300 yards, they can't even hunt on their own property. There is no danger here, because shot shells, it limits it to shot shells, the carry range of shot shells is very limited."
"Does it cover bows and arrows? Bow and arrows as well?"
"A bow and arrow is not going to carry a 100 yards anyway. Shot shells very limited it can hardly reach a 100 yards with eight shot and seven and a half shot."
"And would cross bows, are they...?"
"Cross bows about the same thing. You're not going to get that range of over 100 yards. It does exclude, however, deer hunting with slugs and things like that that will carry, it's still the 300 yard limit there."
"Thank you."
"Further Discussion? Representative Weaver."
"Thank you Madam Speaker, will the Sponsor yield?"
"He indicates he will."
"Representative, your section that deals with immunity for donated food and donated game."
"Yes."
"If, for example. I donate some game for a not for profit organization for a wild game feed."
"Right."
"Am I responsible for placing those placards, those warning placards, or is the organization responsible? How 23 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 3, 1993 70th Legislative Day do I get that immunity?"
"The organization...We worked out this language with the Department of Public Health, this is their language, and they simply... Well, they have really stopped a few wild game feeds, even though we passed a law two years ago, that law conflicted with their provisions. This cleans up that. It would be... The organization, for example, if the Sportsman's caucus had a wild game feed, we would be responsible for putting up some signs saying that this is wild game, it's been donated, and hasn't really been inspected by the public health...by public health."
"But if... How do I know that organization is going to meet that requirement of a placard for me to get that immunity."
"Well, I... You know, they have been out...the Department of Public Health has been out and has contacted and really stopped a few wild game feasts in their general mission...or general duties of watching what goes on as far as food distribution, that will continue. They will make sure as they go around that these wild game feasts have these signs up, because they have been doing that now already. In fact, they've stopped some of the wild game feeds."
"Okay. I guess I'm just a little bit concerned that unless I actually attend that feed, I may not be sure that, that card's up there, and I may be liable. According to this, according to language here, I may be liable unless that card is up there, is that..."
"Well, I think it's all right to put the card up. I don't think that's an unreasonable requirement from Public Health."
"Well, I don't either." 24 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day
"Because June 3, 1993 you can't inspect this meat at the point of taking a deer, there's going to be no one there to inspect the deer."
"Yeah, okay. Thank you."
"Further discussion? Representative Skinner."
"I think the Bill that the Gentleman is attempting to amend, I sponsored, the one to make it 300 yards from a house and in his district it probably doesn't make any difference, but in a lot of suburban districts I think there may be folks that aren't too happy to hear a gun going off 300 feet from their house. I wonder if some other accommodation couldn't be made for these folks that own their own property. Couldn't you put in a codicil in the law that would say if they owned their own property they could hunt a 100 yards from that property without having to open all of Lake County and all of suburban Cook County and all of McHenry County and all of Kane County to future complaints from constituents who are scared by gun shots 300 feet away?"
"Most of this language, Representative, came from other states. We, in fact, happen to be a state here in the midwest that has a 300 yard rule now for shot shells and that's what this deals with, shot shells. The norm is 100 yards, that's the normal hunting range that most of the other states have around us, and I don't think that's unreasonable. I don't think that's unreasonable at all. That's a very safe distance for shot shells, which this relates to only, and if you're in an area that is capable of producing game, you're going to have a lot of wildness area that can be hunted with some quail or pheasant or rabbits on it. I think in some of the more populated areas you're not going to have any hunting going on. I don't 25 70th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 3, 1993 think the guns are going to be going off there at all."
"You many be right. I've got rabbits in my front yard though."
"Further discussion? If not the question is, 'Shall the House adopt the First Conference Committee Report on House Bill 1553?' All in favor vote 'aye'; opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Gash, 'aye'. Have all voted who wish? The Clerk will take the record. On this Motion, 111 voting 'aye', 2 voting 'no'. The House does adopt the First Conference Committee Report to House Bill 1553, and this Bill having received the required Constitutional Majority, is hereby declared passed. We go back to on Supplemental #1, Representative Schakowsky, on Senate Bill 869. Representative Schakowsky."
"Thank you, Speaker and Ladies and Gentlemen of the House. I think some of the questions that were raised about the Conference Committee Report have been answered. They dealt with the portion that was amended on dealing with hate crimes that addressed the question of double jeopardy. It does allow someone to be charged with a hate crime without being charged with the underlying crime, but protects them from any exposure to double jeopardy. That was the only part that was in any kind of dispute. I believe that's been resolved, and I urge the adoption of the Conference Committee Report."
"Representative Schakowsky moves that the House adopt the First Conference Committee Report on Senate Bill 869, and on that Motion, is there any discussion? Representative Wennlund."
"Thank you Madam Speaker. Will the Sponsor yield?"
"She indicates she will." 26 70th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 3, 1993
"Representative, the Conference Committee, after receding from House Amendment #2 and concurring in House Amendment #3... With the noise level is very loud right now, and I couldn't hear your explanation."
"Could we have a little order. Representative Wennlund is quite right, a little order, a little quiet in the chamber. Those not entitled to the floor will please...staffers will please remove themselves to the rear. Representative Wennlund."
"Thank you very much, Madam Speaker. Representative, I'm sorry I couldn't hear the explanation because of the noise level on the house floor. But, after the Conference Committee Report which evidentially recommends receding from House Amendment #2 and concurring in House Amendment #3, what else does...what affect does that have on the original Bill?"
"The original Bill, before it was amended, is maintained. There was no change in the original Bill. The change that was made was to revise the language of the hate crimes portion, to protect someone from double jeopardy. Other than that, the underlying Bill was maintained and the part dealing with model airplanes was deleted."
"And the part about what?"
"The part that dealt with model airplanes, that was deleted."
"It was deleted?"
"Right."
"Now, the original Bill, as amended by the Conference Committee Report and whatever Amendments still remain, can you tell us what it does?"
"Yes it does. Yes I will. The original Bill amends the criminal code to include within the offense the 27 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day disorderly conduct...of disorderly June 3, 1993 conduct using of emergency services in a fraudulent or fictitious manner, that was the original Bill."
"Now, how does hate crimes come back into the Bill."
"Then there was an Amendment that delt with hate crimes that says that a defendant may be convicted of a hate crime even though he has not been prosecuted or convicted of an underlying offense, and that was...that was changed so that...No, instead of prosecuted or convicted, it now says even though he or she has not been charged with the underlying offense, and that seems to have satisfied the objections."
"Okay. But, let me ask you another question. Frankly, I don't see any difference between those two wording changes. If you're just charged with an offense, that would still result in double jeopardy. If you're just charged with an offense, and then the states attorney dismisses it or normally processes the case, then later he can come back and charge you with a hate crime, even though the underlying offense has been dismissed, like disorderly conduct, even though the charges were dismissed and the defendant was never convicted of the first underlying offense?"
"If I have permission of the Speaker, I would like the Sponsor of that Amendment to explain that."
"Representative Levin."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. The concern that Representative Tom Johnson had when this Bill was initially before this chamber was the Amendment that I sponsored used the language 'prosecuted or convicted'. The words 'or convicted' he believed opened up the possibility of double jeopardy. So, that if somebody 28 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 was convicted, was not convicted of the lesser included offense, you could still turn around and prosecute them for the hate crime. By removing the words 'or convicted', we're attempting to deal with the concern, I think a legitimate concern, that he raised which was an inadvertence when staff put together the Amendment. So, that what the language does now, after eliminating the words 'or convicted', is really to not make a change, a substantive change in the existing law. The purpose of the original Amendment was to clarify that a prosecutor had the discretion of prosecuting. If he wanted to, he could charge separately for the lesser included offense and for the hate crime. But, if he did not want to do that, he could simply charge the hate crime. Ninety Nine times out of a hundred, the prosecutor is going to want to charge separately both, tactically it makes a lot of sense. One time out of a hundred, there may be a reason why he does not want to charge the underlying offense. Everybody's in pretty much agreement that's the law now. We had a trial court decision in Cook County, in Branch 46 last fall where a judge ruled to the contrary, where he threw out a indictment based on the fact that the prosecutor did not separately charge the underlying offense, in addition to the hate crime and this is a cleaned up version of what is intended to, you know, allow them to do that, which as I say, the existing law this was run by the Cook's county states attorneys office, run by the Chicago police, run by the Anti-Defamation League. There is no opposition at all to this, and I hope this clarifies what the language of this report does."
"Representative Wennlund, did Representative Levin answer your question?" 29 70th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 3, 1993
"Will the Sponsor yield?"
"Yes."
"Let me ask you this question, cause I'm still trying...I remember the original Bill and I remember Representative Homer had some objection to it, to the language, as well as did I. Under the Conference Committee Report, a person could be charged with assault and battery, go to trial and be acquitted at the trial. A month later, the prosecutor or the victim may decide that he was the victim of a hate crime. So, then the prosecutor can come back and charge him with a hate crime arising out of the same set of facts, that he was found not guilty of."
"Representative Levin."
"No, the intent..."
"For a short answer."
"The intent here is that this is intended only in the dealing with charging. If the individual were to be found not guilty of say a battery, if that's the lesser included offense, you could not bring a separate action for the hate crime. This Amendment is only intended to clarify that in terms of the initial charging, you don't have... you don't have to charge for both, you could simply charge for the hate crime. But, if there was a failure to get a conviction on one, on the underlying offense, that would be double jeopardy, and you could not separately prosecute for the hate crime."
"But, which is the lesser included offense? Is it the hate crime or is it the assault and battery that he was initially charged with and say found not guilty of?"
"The lesser included offense in our example would be the assault and battery. So, you could not... If a person was found not guilty of the assault and battery, you could not 30 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 come back afterward and prosecute them for the hate crime, because all of the elements in the hate crime would also have been included in the assault and battery, plus additional elements'."
"Thank you very much."
"Further discussion? Representative Tim Johnson. Tim Johnson, are you here? Somebody perhaps would turn his speak light off. Representative Hoffman."
"Thank you, Speaker, Ladies and Gentlemen of the House. I believe that really all this does is it codifies current law. For instance, if an individual is charged with aggravated battery, you don't have to be convicted of battery, you simply have to prove the underlying offense of battery, and also show that it was done in an aggravated fashion or an instrument was used that enhances the crime. That's all this is doing, it's the same and similar to aggravated battery, similar to aggravated stalking, those types of enhanced penalties. You still have to prove the underlying offense, you don't have to be convicted of it, that's all this is saying."
"Further discussion? Representative Parcells."
"Thank you, Madam Speaker. I wonder if the Sponsor would yield?"
"Indicates she will."
"The previous Speaker said that you don't have to be convicted of the underlying crime, and yet he specifically, Representative Levin that is, who I guess actually is the Sponsor but was answering, said 'charged with'. So, it appears to me that if I'm not charged with anything, I have not been charged with an underlying offense, I can still be charged with a hate crime. That makes no sense to me at all, and I heard you trying to explain it, and maybe 31 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 3, 1993 70th Legislative Day because it's SO noisy in here I couldn't hear your explanation properly, but if I'm not charged with a underlying crime, how can I be charged with a hate crime?"
"Representative Levin, to answer Representative Parcells question, and could we have a little order in this chamber. People asking questions can't hear the answers because you're all to noisy. Thank you. Representative Levin."
"Representative, the...If you charge somebody with a hate crime, you have the element you have to prove include the elements of the underlying offense, plus the intent to commit the action because of the person's race or whatever it happens to be. So..."
"Now what action. You say there's no underlying crime, I haven't been charged with another crime, my only crime here is a hate crime."
"The hate crime, the underlying crime can be a battery, it can be... You know there are a number of different underlying crimes that..."
"Let's say it's robbery. Let's say you robbed me because I'm a 5'2" female, but then I say, well no he really didn't rob me but he really hates me."
"Let's change that example a little bit. Hate crimes deal with certain categories of individuals, you know, your religion, you know, they don't like protestants or they don't like Jews."
"Right."
"All right. So, somebody, you know, commits an act of violence against you because you're Jewish. Under current law as everybody understands it, 99 times out of the 100, the prosecutor will, when he comes down with his indictment, will say count one of battery, count two, hate 32 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 crime. All right, 99 times out of a 100 they do what they do for tactical reasons, cause maybe you not going to be able to prove the intent to get the hate crime but you can prove the underlying offense. One time out of a 100, the prosecutor may not want to do that. He simply may want to charge that person with the hate crime, not the underlying offense, not the battery, just the hate crime, and he's going to..."
"Why would he not charge him with the underlying crime? That's the whole reason this is in court I thought."
"You still have to prove all of the elements of the underlying offense."
"But, if I can prove this."
"All this is saying is you know, as they charge separately, you don't have to say count on, battery, count two, hate crime. When you go to prosecute that person for the hate crime, you have to prove all of the elements in the underlying offense."
"You do have to prove them?"
"You do have to prove them, yes."
"But, that's not what it says."
"No, this says that you don't have to 'charge' separately."
"But, wouldn't this open the door to some problems such as I say; 'John Smith hates all women and he was mean to me last week, and even tried to rob me although he didn't rob me; and, therefore, that was a hate crime and so I'm accusing him of a hate crime when he really didn't do anything?"
"Well, this is not changing what is a hate crime. If under the current law, going back to our example, current law no question if somebody hits you over the head because 33 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 you're Jewish, you prove the battery, the elements of the battery plus the intent is because you're Jewish and makes up your hate crime. This does not expand in any way what is a hate crime."
"No, I realize that. But, I could say that you had done it because I'm a woman and you hate women, and then we find out that I didn't really charge you with the battery because, in fact, you had missed me when you struck at me, you missed me. So, I can't charge you with the hate...with the battery part, but I knew you did it you swung at me because I was a woman. It sounds like we could go far afield with this provision."
"This is not changing at all what is a hate crime at all."
"No, I know that."
"It's not expanding it, it's not contracting it at all. It's dealing with the technical question of whether or not you have to separate... You have two counts in terms of your indictment or you can just have one count if you...if the prosecutor sees fit. It just gives the prosecutor the flexibility, it doesn't change anything that has to be proven in terms of the elements to get a conviction. When it was...the matter was up before, Representative Tom Johnson was concerned about the words 'or conviction' might open up double jeopardy. We took those out, and SO there is...there is no substantive change that this makes in what is a hate crime or as far as what you have to prove to get a conviction for a hate crime."
"Right. But, it says that there doesn't have to be an underlying charge in order for me to do the hate crime part of it. I think it's very confusing language, and Madam Speaker, to the Bill."
"Proceed." 34 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day
June 3, 1993 "I would suggest that people vote 'no'. I think it's very unclear, I think it's going to be misused in court, and if the people who had had objections are not satisfied, I think that the public at large will find this very confusing, and I don't think it's a good thing to pass and I think we should go back for another Conference Committee."
"Is there further discussion? If not, Representative Schakowsky to close."
"Thank you, Speaker. I think that the problems that this legislation have been way over blown. It codifies really what is current law, and just clarifies one little portion that allows us to charge someone with a hate crime, and I think that move has been made of it then it needs to be, and I would urge adoption of Conference Committee Report #1."
"The question is, 'Shall the House adopt the First Conference Committee Report on Senate Bill 869. All in favor vote 'aye'; opposed vote 'no'. Voting is open, this is final action. 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 69 voting 'aye', 45 voting 'no'. The House does adopt the First Conference Committee Report on Senate Bill 869, and this Bill having received the required Constitutional Majority, is hereby declared passed. On Supplemental Calender #32 appears under Conference Committee Reports, House Bill 2397. Representative Dart."
"Thank you, Speaker. Conference Committee #1 to House Bill 2399 represents a bipartisan...2397 represents a bipartisan effort from both sides of the aisle dealing with child welfare in the State of Illinois. Through an oversight, 35 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 Representative Mulligan and Wennlund's names were not added to this, and that was due to the haste in which we wished to get this Bill through. This Bill has gone through a series of negotiations and discussions from both sides, and we have come to a virtual agreement on this. The Bill does very simply, it takes family preservation and puts it where it's supposed to be, behind the best interests of the child. Under this Bill, the child's best interest is truly what we are going to be focusing in on, and we are saying that with the family preservation program here that when a child has been sexually assaulted, dismembered, disfigured or tortured by their guardian or parent prior to the state giving them money, we are going to require that individual to come into court and justify why we are paying them money. It's a rather common sense type of Bill, and I would appreciate your support. As I mentioned, it has been something we've worked on for a great deal of time, and it is something that is truly of upmost importance to put children where they should be, and that's #1."
"Representative Dart moves that the House do adopt the First Conference Committee Report on House Bill 2397. On that Motion, is there any discussion? Hearing none the question is, 'Shall the House adopt that Conference Committee Report?' 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? Have all voted who wish? On this Motion the Clerk will take the record. On this Motion there are 115 voting 'aye', 0 voting 'no'. The House does adopt the First Conference Committee Report on House Bill 2393, and this Bill having received the required Constitutional Majority, is hereby declared passed. We will now move to the Special 36 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 Order of Business on the...Regular Calendar. Under State Operations Third Reading, appears Senate Bill 406. On Page 1, Representative Deering with a Motion for immediate consideration of this Bill, which was amended earlier in the day. Does Representative Deering have leave for immediate consideration? Hearing no objection, leave is granted. Senate Bill 406 is on Third Reading. Clerk, read the Bill."
"Senate Bill 406 a Bill for an Act to amend the Coal Mining Act. Third Reading of this Bill."
"Representative Deering."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. What Senate Bill 406 does is similar to legislation we passed out of the House and went to the Governor. It specifies the number of state mine inspectors. It clarifies definition of 'coal mines'. It has some language in it that we just put on in an Amendment for conservancy district and I think that is all that is in the Bill, I'd like to answer any questions."
"Representative Deering moves the House 'do pass' Senate Bill 406, and on that Motion, is there any discussion? Hearing none the question is, 'Shall this Bill pass?' 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. On this Bill, there are 112 voting 'yes'; 2 voting 'no' and this Bill, having received the required Constitutional Majority, is hereby declared passed. The Chair wishes to alert the Membership that Spiffy Staff work informs us that hotel space is going to be quite limited on June 23rd and 24 in this great Capital City, so Members would be well advised to check and to make reservations as quickly and as close 37 The appearance of the ____ images following this page is due to Poor Quality Original Documents and not the scanning or filming processes. Com Microfilm Company (217) 525-5860 J:\toolbox\poorDocs.doc STATE OF ILLINCIS 88NERAL CREELY HOUSE REPRESENTATIVES 70th Legislative Day to Spring June 3, 1993 as is poss.bin those dates. Vou aight want to be checking on availabilities for the 23rd through the 30th of this month On Senac Bi 406. the Chair wishes to enpource that the B having received the required three-Sittha mejority is beret declared passed. Agreed Resolution:."
"Fouse Resolution 992, offered by Representative Balthis; House Desolution 993, Sered by Representative Giolitto; House Resolution 994. offered by Representative DeJaeghez; House Resolution 995, offered by Representative Novak; House Recclution 995, offered by Representative Noland; House Resolution 997, offered by Representative Novak; House Resolution 1000, offered by Representative Tim Johnson; House Resolution 100), offered by Representative Tim Johnson; House Resolut.on 1002. offered by Representative Giorgi: House Resolution 1003, offered by Representative Curran: House Resolution 1004, offered by Representative Granberg: House Resolution 1005, offered by Representative Granberg: House Resolution 1006, offered by Representative Granberg; House Resolution 1007, offered by Representative Granberg; House Resolution 1008, offered by Representative Granberg; House Resointion 1009, offered by Representative Ostenburg; House Resolution 1010, offered by Representative Erwin; House Resolution 1011, offered by Representative Erwin House Resolution 1012, offered by Representative Erwin: House Resolution 1013, offered by Pepresentative Erwin; House Resolution 1015, offered by Representative Lindner: House Resolution 1016, offered by Representative Denhouse; House Resolution 1014, offered by Representative Martirez: House Joint Resolution 51, offered by Representative Weller; House Joint Resolution 52, offered by Representative Speaker Madigan; Senate Joint 38 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day Resolution 45, offered by Representative June 3, 1993 Granberg; Senate Joint Resolution 53, offered by Representative Zickus; Senate Joint Resolution 55, offered by Representative DeJaegher; Senate Joint Resolution 57, offered by Representative Weller; Senate Joint Resolution 62, offered by Representative Black; exclude Senate...House Joint Resolution 51.
"Representative Turner moves the adoption of the Agreed Resolutions noting that Senate Joint Resolution 51 was not included, that's right, House Joint Resolution 51 was not included in that list. All in favor of the Agreed Resolutions say 'aye'; opposed, 'no'. The 'ayes' have it. The Agreed Resolutions are adopted. Death Resolutions."
"House Resolution 998, offered by Representative Tim Johnson, with respect to the memory of Marian Fish. House Resolution 999, offered by Representative Tim Johnson, with respect to the memory of John R. Arbuckle."
"Representative Turner moves the adoption of the Death Resolutions. All in favor say 'aye'; opposed, 'no'. The 'ayes' have it, the Resolutions are adopted. General Resolutions."
"House Joint Resolution 51, offered by Representative Weller."
"Committee on Assignment. Representative Leitch, for what reason do you rise?"
"Thank you, Madam Speaker. It's to remind the Republican Members that we will have a conference immediately after adjournment. Thank you."
"Republican Conference immediately after adjournment and now we have the Adjournment Resolution. Clerk read the Adjournment Resolution."
"A Message from the Senate by Mr. Jim Harry, 39 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 70th Legislative Day June 3, 1993 Secretary. 'Mr. Speaker, I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution in the adoption of which I am instructed to ask the concurrence of the House of Representatives to wit; Senate Joint Resolution 75, offered by Representative McPike resolved by the Senate of the 88th General Assembly, the State of Illinois, the House of Representatives concurring herein that when the two Houses adjourn on Thursday June 3, 1993, they stand adjourned until Wednesday, June 23, 1993 at 3:00 p.m. adopted by the Senate June 3, 1993. Jim Harry, Secretary of the Senate'."
"Representative Turner moves adoption of the Adjournment Resolution. All in favor say 'aye'; opposed, 'no'. The 'ayes' have it, the Adjournment Resolution is adopted and Representative Turner now moves that the House stand adjourned allowing perfunctory time for the Clerk to. read Committee Reports. That the House stand adjourned until the hour of 3 p.m. on Wednesday, June 23. All in favor of the...of adjourning say 'aye'; opposed, 'no'. The 'ayes' have it and this House now stands adjourned."
"House Perfunctory Session will be in order. Committee Reports. Committee Report, offered by Representative Phelps, Chairman of the Committee on Health Care and Human Services, to which the following Resolutions were referred, action taken on June 3, 1993, reported the same back with the following recommendations:'do adopt' House Resolutions 847, 955 and 956 signed by Representative Phelps, Chairman on Committee on Health Care and Human Services. Being no further business, the House Perfunctory Session is adjourned and the House will reconvene on Wednesday, June 23 at the hour of 3 p.m." 40 REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JUNE 03, 1993 93/09/3 11:38:4 HB-0837 CONFERENCE PAGE 4 HB-0837 CONFERENCE PAGE 9 HB-0837 OUT OF RECORD PAGE 4 HB-1218 NON-CONCURRENCE PAGE 3 HB-1305 CONCURRENCE PAGE 5 HB-1319 CONFERENCE PAGE 14 HB-1553 CONFERENCE PAGE 21 HB-1886 VETO MESSAGE PAGE 5 HB-2397 CONFERENCE PAGE 35 SB-0110 SECOND READING PAGE 16 SB-0406 SECOND READING PAGE 7 SB-0406 RECALLED PAGE 7 SB-0406 THIRD READING PAGE 37 SB-0869 CONFERENCE PAGE 10 SB-0869 CONFERENCE PAGE 26 SB-0869 OUT OF RECORD PAGE 12 SB-0926 CONFERENCE PAGE 12 SB-0935 CONFERENCE PAGE 16 SB-0936 NON-CONCURRENCE PAGE 18 SB-0940 CONFERENCE PAGE 19 SB-0964 CONFERENCE PAGE 18 SJR-0075 ADOPTED PAGE 40 SJR-0075 RESOLUTION OFFERED PAGE 39 SUBJECT MATTER HOUSE TO ORDER SPEAKER CURRIE PAGE 1 PRAYER RABBI MICHAEL DATZ PAGE 1 PLEDGE OF ALLEGIANCE PAGE 2 ROLL CALL ATTENDANCE PAGE 2 COMMITTEE REPORTS PAGE 2 COMMITTEE REPORTS PAGE 13 REPRESENTATIVE TURNER IN CHAIR PAGE 14 REPRESENTATIVE CURRIE IN CHAIR PAGE 18 AGREED RESOLUTIONS PAGE 38 DEATH RESOLUTIONS PAGE 39 GENERAL RESOLUTIONS PAGE 39 ADJOURNMENT PAGE 40 PERFUNCTORY SESSION PAGE 40 COMMITTEE REPORTS PAGE 40 PERFUNCTORY SESSION ADJOURNMENT PAGE 40