Illinois House Floor Debate — October 28, 1993

"The hour of 2:00 having arrived the House will come to order. The Chaplain for today is the Reverend Jean Martin of the Oakford United Methodist Church in Oakford, Illinois. Reverend Martin is the guest of Representative Vickie Moseley. All guests in the gallery may wish to rise for the invocation. Reverend Martin."

"Gracious and almighty God, the men and women of this House have gathered today with heavy hearts, aware of the absence of their colleague Zeke who was laid to rest yesterday. We each come today, O' Lord, grateful for Your presence with us, to guide us, and we're mindful of Your many mercies that sustain us day to day. God, we give you thanks for our nation and for the State of Illinois. We thank You that we live in a democracy that is governed by the rules of law, and today we come especially thankful for this Assembly, the men and the women of this House. We pray that You will bless them and grant them wisdom, patience, insight and compassion as they deliberate and make decisions for the people of Illinois. And may all that they do be acceptable to You, O' Lord. Amen."

"We'll be led in the pledge by Representative Persico."

Persico 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."

"Thank you, Mr. Speaker. Let the record reflect that Representative Cowlishaw is excused due to official business today."

"Representative Currie." 1  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day

"Thank you, October 28, 1993 Speaker. There are no excused absences on the Democratic side this afternoon."

"Take the record, Mr. Clerk. There are 116 answering the quorum call. The House is ready to do its business. Committee Reports."

"The Committee on Rules has met and pursuant to Rule 14(a)(6), Bills referred pursuant to Rule 27, 37 and 46.1, Rules recommends consideration, and the Bills be placed on the Order of Amendatory Compliance; Senate Bills 99, 224, 254, 479, and 550. Signed, Frank Giglio, Chairman."

"Representative Biggert, for what purpose do you Biggert: rise?" "Thank you, Mr. Speaker. Point of personal privilege. One of our colleagues today is celebrating a big birthday that ends in '0'. I'm not going to tell which one, you can guess. But he's one of our colleagues who sits in the front, wears a white shirt, and if you ask him nicely he might stand up and turn around and face the gallery and tweak his suspenders. But I hope you'll join me in wishing Jim Meyer a happy birthday and join with him in a piece of cake down here in the front."

"The Chair would like to make an announcement that concerns all of us; that we do have a lot a work ahead of us and the. Chair would like to inform the Members that we will be in Session tomorrow. So, don't check out of your hotel, motel, apartment, whatever. We will be in Session tomorrow. Representative Kozak... Kaszak, excuse me."

"Thank you, Mr. Speaker. I just want to introduce some students from Methodist Youth Services who've joined us for today and they're sitting up in the gallery over there on the right hand of the chamber, and I just wanted to welcome 2  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day them here."

"Welcome Black: to Springfield. October 28, 1993 The Gentleman from Vermilion, Representative Black, for what rise, Sir?" "Well, thank you very much, Mr. Speaker. an announcement. purpose do you For purposes of I know that all of my colleagues would like to join with me in wishing my colleague and fellow spear carrier on this side of the aisle, Representative Wennlund, who celebrates a birthday Sunday. Now I don't want to tell you how old he is and it won't yet...he's not yet eligible to get that social security check, but I'll tell you, after Sunday he can see that social security check from where he's going to be. So, Representative Wennlund has birthday cake and some Geritol you'd like to partake." over here if

"Resolutions. The a...we're not ready to adjourn, so just...just be patient. We have a lot of work to do. Resolutions."

"House Resolution 1535, offered by Representative Krause; House Resolution 1537, offered by Representative Sheehy; House Resolution 1538, offered by Representative McPike; House Resolution 1539, offered by Representative Daniels; House Resolution 1540, offered by Speaker Madigan; House Resolution 1542, offered by Representative Mautino; House Resolution 1543, offered by Representative Bugielski; House Resolution 1544, offered by Representative Tom Johnson; House Resolution 1545, offered by Representative Hawkins; House Resolution 1546, offered by Representative Schakowsky; House Resolution 1547, offered by Representative Erwin; House Resolution 1548, offered by Representative Curran; House Resolution 1549, offered by Representative Levin; House Resolution 1550, offered by 3  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 Speaker Madigan; House Resolution 1551, offered by Representative Biggins; House Resolution 1552, offered by Representative Hastert; House Resolution 1553, offered by Representative Ryder; House Resolution 1555, offered by Representative Tenhouse; House Resolution 1556, offered by Representative Gash; House Resolution 1558, offered by Representative Andrea Moore; House Resolution 1559, offered by Representative Wennlund; House Resolution 1560, offered by Representative Churchill; House Resolution 1561, offered by Representative McAfee; House Resolution 1562, offered by Representative Hoeft; House Resolution 1563, offered by Representative Andrea Moore; House Resolution 1564 and '65, offered by Representative Cowlishaw; House Resolution 1566, '67, '68, '69, '70, and '71, offered by Representative Deering; House Resolution 1572, offered by Representative Lindner; House Resolution 1573, offered by Representative Mulligan; House Resolution 1574 and '75, offered by Representative Meyer; House Joint Resolution 82, offered by Representative Clayton; House Joint Resolution 83, offered by Representative Meyer; Senate Joint Resolution 87, offered by Representative Hughes; Senate Joint Resolution 94 and 95, offered by Representative Deering; and Senate Joint Resolution 96, offered by Representative Klemm."

"Representative Currie moves for the adoption of the Resolutions. All those in favor say 'aye', opposed 'nay'. In the opinion of the Chair the 'ayes' have it. The Resolutions are adopted."

"Supplemental Calendar #1 is being distributed."

"Could I have your attention please. We have a guest with us this afternoon, and at this time I would like to introduce Representative Trotter...excuse me, Representative Morrow. Representative Morrow in the 4  88th Legislative Day Chair." STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993

"Thank you very much, Representative Giglio. Mr. Speaker, Ladies... Ladies and Gentlemen of the General Assembly of the House of Representatives, it is my pleasure to introduce a gentleman who has come to us all the way from Harare, Zimbabwe. He's a member of the Parliament in Zimbabwe. He's a former mayor of Harare, Zimbabwe and a former alderman. He is here, the Honorable Oriah Gara, is here as a participant in the United States Information Agency, International Visitors Program. Mr. Gara is visiting the United States from October 16th to November 12th of this year. He is a guest of the mayor of Springfield, during his time here in Springfield, of Ossie Langfelder, and I would just like for you to give him a warm greeting. He's going to address this Body for a brief moment. So without further ado, please welcome very warmly the member of Parliament, the Honorable Oriah Gara."

"Thank you, State Representative Morrow. Mr. Speaker, State Representatives of this great state, Ladies and Gentlemen, comrades and friends. Firstly, may I express my appreciation for your warm welcome to this august House and for the manner in which you have received me. This is my first time to be in this part of the world. I've been to the states before, about '85, but I confined my visit to other parts of your country, and that was only for about a week to 10 days. But this time I had the opportunity of visiting - maybe I'm going to visit about seven states of your great country. I've been following with great interest, Mr. Speaker, the way you people in this country conduct your government programs, Legislature and the Senate. We in our country...maybe you might be very interested in knowing how we run our government. As 5  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 you are aware that we became independent in 1980. Maybe before I get to that, I should just say, where is Zimbabwe on the continent of Africa? Zimbabwe is right at the southern tip of Africa and we share a common boundary with South Africa, which I'm sure a lot of you are aware of because of the problems they have been going through. And we know the United States has done a lot to help South Africa become what they are about to be very soon. So, we have a common boundary with South Africa. So that's where Zimbabwe is, and it's a country of 10.5 million people. Now when we got our independence, we established a Legislature. In fact, then, it was unicameral. We had a House of this Assembly and the Senate, but this was...the Senate was dissolved in 1990 and we only have a unicameral Legislature with 150 members of Parliament. Out of that, 120 are constituent members of Parliament and the other 30 nominated by various groups of the country. So, there are 30 nonconstituent members of Parliament who are added on to the 120 constituency members of Parliament. We have an Executive President like you have here, and he is the man on a day to day basis who runs the country with his cabinet which is made up of about 22 ministers of government. So, the Legislature is the one...the legislative assembly is the one which goes through...which makes the laws, and when the laws are made, the President, who is the head of state, then puts his signature on to the Bills that would become law. It's only after they have received the presidential signature that they become law. Now, the economy of the country is very much based on the capitalistic system. Although we are aware that the way people in this country who use to think that Zimbabwe is a socialist, that was the theory which really, in fact, was 6  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 never put into practice. And, in fact, Zimbabwe has been run on a multiparty system, and maybe there are more parties in Zimbabwe, political parties, than you have in this country. Right now we have three parties in Parliament, and the ruling party, in fact, has the overall majority, but the other two parties, one has one representative and the other one has only two representatives. It is just because the ruling party is backed by the people, it organizes itself better. But all the time, pointing to elections, there are about between 10 and 14 parties that participate in the elections. But those who win are those who come into government. Again, on the lower level of the government, we have city councils which is a very strong local government administration in our country. And again, those...the other bodies which make laws, local laws, have more to speak than anything else, which become the law of the land if they are approved by the Parliament of Zimbabwe. I'd like to end up by saying that you people in this part of the world, with your experience in running government state legislatures, and I'm addressing this particularly to the minorities in the United States, we need you people to come to our part of the world. We need to mix with you. We need to share ideas with you. I'm not saying exclusively the minorities. Anybody are most welcome to Zimbabwe, because we think your experiences will help a lot in us molding the kind of world which is a peaceful world that we need, because it's only when there's peace in any country or in the whole world, that development can take place. Problems are there, you have your own problems, indeed we have our own problems, but problems of human beings, by and large, no matter where you go, you find them the same. You find them the same. 7  88th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993 They could be in different shapes and sizes but problems are there; problems of housing, problems of unemployment, problems of economic decline. What you are experiencing is exactly what you are experiencing. But when we share ideas, when we exchange ideas and notes, I'm sure we can always give each other ways and means of resolving our problems. I know I've got a very limited time. I could have said a lot. I wish to end up by thanking you very, very much for welcoming me and for giving me this opportunity to say a few words, a thing I never dreamt would happen in my life. Thank you very, very much."

"Thank you very much, the Honorable Oriah Gara. If any of the Members would like to meet Mr. Gara, he will be on the House floor for a brief period of time at my desk. Please feel free to come by and wish him a real Illinoisan hello. Thank you very much."

"Supplemental Calendar #1 under the Amendatory Veto Motions Gubernatorial Compliance, appears Senate Bill 99. Representative Stroger. Is Representative Stroger in the chamber? Out of the record. Representative Currie. The Rules Committee will meet immediately in the Speaker's conference room. Representative Capparelli in the Chair. All Members of the Rules Committee please come to the Speaker's conference room."

"Representative Bugielski."

"Thank you, Mr. Speaker, Members of the House. I'd like to inform the Members of the House that on this side of the aisle my next door neighbor, my Legislator to the east of me that shares the same legislative district, is celebrating his birthday also. This is one of the younger Members of the General Assembly, Representative Joe Kotlarz. We invite everyone to come over on this side 8  88th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993 he's one of the younger birthdays that we have this week, and wish Representative Kotlarz a happy birthday and have a piece of his halloween/birthday cake."

"Committee Reports."

"The Committee on Rules has met, and pursuant to Rule 14(a) (6), Bills referred pursuant to Rule 27, 37 and 79, Rules recommends consideration and the following Bills be placed on the Order of Second Reading: Senate Bill 232, Senate Bill 948 and Senate Bill 1043. Also, House Bill 1117. The Rules also recommends and consider...recommends the following Bills be placed on the Order of Conference: Senate Bill 532 and House Bill 1203. Signed, Frank Giglio, Chairman."

"Supplemental Calendar #1 under Amendatory Veto Motions Gubernatorial Compliance, appears Senate Bill 224. Representative Kubik, 224."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would move to accept the Governor's Amendatory Veto of Senate Bill 224. The Amendatory Veto simply makes the Bill work more efficiently by requiring an affidavit to be filed only with the Department of Central Management Services in allowing the Auditor General total access to the Department of Records. The original Bill dealt with the issue of the state buying new furniture as opposed to using surplus furniture. The Governor believed, in the interest of holding down paperwork, that the affidavits filed by the department should be filed with the Department of Central Management Services rather than the Auditor General. I might point out the Auditor General supports the Amendatory Veto. I'd be happy to respond to any questions and would appreciate your support of the Motion to accept the Amendatory Veto." 9  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day

October 28, 1993 "Any discussion? Hearing none, the question is, 'Shall the House accept the Amendatory Veto with regards to Senate Bill 224?' And on that question, all those in favor signify by voting 'aye'; opposed 'no'. The voting is open and this is final action. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 114 voting 'yes', none voting 'no'. The...on this question there are now 115 voting 'yes', none voting 'no', and Senate Bill 224, having received the required three-fifths Constitutional Majority, is adopted, and this Bill is declared passed. Senate Bill 254, Representative Turner. Representative Turner, Senate Bill 254." "Thank you, Mr. Speaker. I move to accept the Governor's recommendations for the Amendatory Veto on Senate Bill 254."

"Any discussion? Representative Black."

"Thank you very much, Mr. Speaker. I'm very pleased that the Representative is accepting the Amendatory Veto language, but could he very briefly state what that amendatory language does?"

"Yes. Thank you, Mr. Speaker. Basically, that language defines...it includes that abandoned property also be covered under clause...be included in the description of property that is considered abandoned."

"Well, are we talking about actual real estate property or under the Mobile Home Act?"

"We're talking basically under abandoned mobile homes. So, it's abandoned mobile homes."

"Okay. So, it will only be... Mobile Home Act. Correct?"

"Homes that have been... Yes, Sir."

"Okay. Thank you very much." 10  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993

"Only abandoned homes."

"Further discussion? Hearing none, the question is, 'Shall the House accept the specific recommendations for change with respect to Senate Bill 254?' And on that question, all those in favor signify by voting 'aye'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted wish? Take the record. On this question there are 110 voting 'yes', none voting 'no', and this Motion has received the required Constitutional Majority. So, the Motion is adopted and the House accepts the Governor's specific recommendations for change. Senate Bill 99, Representative Currie."

"Thank you, Speaker and Members of the House. I move the House do accept the specific recommendations for change with respect to Senate Bill 99. This is a Bill that requires further reporting about the Healthy Moms/Healthly Kids Program Accountability Provisions, essentially, SO that the Legislature is able to track the success of the program. The only change the Governor made was to delete a provision in the original Bill that would have required the reporting by name and address of participating physicians. The Governor was concerned that that might discourage individual doctors from participating in the program. I believe he had some privacy concerns as well. So, I think the underlying Bill is otherwise not at all changed. It's good legislation and I will hope you will support this Motion to accept these...this single change."

"Any discussion? Representative Black."

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

"She indicates she will."

"Representative, I missed the underlying Motion in the 11  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 confusion. Are you moving to accept the Governor's veto language?"

"Yes."

"Alright. For a point of clarification, I have a semantics problem with this Amendatory Veto. As I understand it, it deletes a requirement that says doctors participating have to provide their names and addresses. So, if I understand this correctly, it means now that they do not have to provide their names and addresses or have I got it backwards?"

"They will continue to provide their names and addresses to the Department of Public Aid. They will not be required to report names and addresses as part of this enhanced reporting and accountability program to the General Assembly and the public."

"Okay. That...that clears that. Thank you very much. Appreciate it."

"Further discussion? Hearing none, the question is, 'Shall the House accept the specific recommendations for change with respect to Senate Bill 99?' All those in favor signify by voting 'aye'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this question there are 116 voting 'yes', none voting 'no'. This Motion has received the required Constitutional Majority, so the Motion is adopted and the House accepts the Governor's specific recommendations for change. On the Order of Amendatory Veto Motions Gubernatorial Compliance appears Senate Bill 479, Representative Hartke. Representative Hartke in the chamber?"

"Thank you very much, Mr. Speaker. I move to accept the Amendatory Veto on Senate Bill 479. What the Governor did 12  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 in his Amendatory Veto was to delete some duplicative language that was in other pieces of legislation, and the underlying Bill stays the same."

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

"Thank you very much, Mr. Speaker. Will the Sponsor yield? Representative, is there anything in this Bill that would remove township government from receiving a portion of traffic fine money?"

"No, I don't think so. I think that that agreement has been worked out and I'm not sure it's on this. No."

"You are aware that there's something supposedly floating around that would do that?"

"Yes. Yes, I'm aware of that discussion about township officials and fines and so forth and the distribution of those fines."

"Okay, but the Amendatory Veto did take out the emergency harvest permit. Did I understand you to say that?"

"It took out some duplicative language that was on another Bill that dealt with that issue. He deleted some things and that was part of the Amendatory Veto."

"Does that mean that, you know, you and I have rural districts. If a farmer is trying to get corn out in this strange weather, we're not going to be able to give him a waiver on overweight?"

"Just a minute, Representative Black."

"Okay."

"Let me check some things. What line did you see that on, Bill... Representative?"

"Chuck, in all honesty, I'm just looking at the synopsis, and when we originally passed the Bill, it was my understanding that we amended the Vehicle Code to provide 13  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 that special permits for overweight vehicles that haul agricultural commodities shall be waived by IDOT upon a declaration of a harvest season emergency, and we may well be into that this year. And then in the amendatory language it says it deleted the emergency harvest permits, and I have a hard time understanding that."

"If he did delete it out of this piece of legislation it was included in some other piece of legislation."

"Okay. So in other words...but its...it will still be in the Vehicle Code?"

"No, he signed those others into law if he deleted them out of this...out of this legislation."

"Okay. I appreciate that. The last question I have for you, an issue very near and dear to me. I'm in the market for a new car one of these years, and I want to know, did we leave that television set language in there so I know where to put the television set in my new car?"

"Representative, this don't have anything with television sets in the front seat of your car."

"Oh, you mean we took that out?"

"This is the 'smart cars', the one that have the television moni...T.V. monitors or screens in, and the language that is in the present law disallowed those monitors in the front seat. And some people might construe that to be a T.V. set but this is not."

"So I can have a monitor in my front seat?"

"This will be a different type of monitor in the 'smart cars'.

"Oh."

"And I have an answer for you on the..."

"I have the monitor in my front seat and my wife in the back. I'm really confused now. And my windshield wipers 14  88th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993 have to be on if the T.V. monitor's on."

"I think that's on another piece of legislation sponsored by Senator Dunn and Representative Deering."

"Oh, okay. Well, Representative Deering, I remember that. Let's keep that name right on the tip of our tongue. I forgot about that Bill. Alright, you've been very kind. Thank you."

"Well, wait a minute. Can I answer your question about the..."

"Yes, I'll yield."

"...About the provision on page 14 where it talks about the overweights for agriculture."

"Yes."

"If you look at the Governor's Veto Message, he deletes nothing on page 14. So, that...those provisions are still in this piece of legislation. It was not deleted by the Governor."

"I see. I see. You've done an outstanding job on this, Representative."

"Thank you very much, Representative Black..."

"Thank you."

"...It's an honor to be here and work with you."

"And thank you, Mr. Speaker, for your patience."

"You're very welcome, Representative Black. All those entitled...not entitled to the House floor will kindly leave. There's...there's a lot of commotion going on the floor and it's very difficult for some of our Members to hear what's going on. So, please have a little patience and refrain from conversing very loudly so we can hear what's going on. Representative Hartke."

"Well, thank you very much, Mr. Speaker. I think we've got to either vote on this Bill or whatever. Would you 15  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 like to ask if there are any more questions or shall I close?"

"Further discussion? Hearing none, the question is, 'Shall the House accept the specific recommendations for change with respect to Senate Bill 4797' All those in favor signify by voting 'aye'; opposed 'no'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this question, 114 voting 'yes', none voting 'no', and 1 voting 'present'. This Motion has received the required Constitutional Majority, SO the Motion is accepted and the...adopted and the House does accept the Governor's specific recommendations for change. Representative Bugielski. Representative Bugielski in the chamber? Senate Bill 550, Representative Bugielski."

"Thank you, Mr. Speaker, Members of the House. I move that the House accepts the Amendatory Veto on Senate Bill 550. What the Governor is changing here is saying the Bill was allowing members to participate in board meetings via telephone or other telecommunication equipment. And the Governor, what he put in, was saying that members would be able to do this after a quorum is present. If a quorum is not present at the actual meeting, then they would not be able to participate by telephone; but if a quorum is present, then the other members may participate by telephone."

"Any discussion? The question is, 'Shall the House accept the specific recommendations for change with respect to Senate Bill 550?' And on that question, all those in favor signify by voting 'aye'; opposed 'no'. The voting is open. Representative Black."

"Thank you very much, Mr. Speaker. I know you have other 16  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 things on your mind, but you forgot to ring the bell. And we are trained like Pavlov's dogs, it's very hard to vote if we don't hear the bell. See, when we're on Third Reading, remember, you're suppose to ring the bell."

"Well, that's Third Reading. This is the Amendatory Veto Compliance Motion, Representative Black."

"Well, it's final action. I'm sorry, it's final action. Let's not get technical here. For heavens sake, you sound like a Congressman already."

"I like that...I like that sound, Representative. The...I thought the bell rung. You didn't hear it? Have all voted who wish? Take the record. On this question there are 114 voting 'yes', none voting 'no'... Representative Novak, 'aye'. Representative Granberg, 'aye'. Representative Currie, 'aye'. Anybody else? On this question there are now 116 voting 'yes', none voting 'no', and this Motion has received the required Constitutional Majority, so the Motion is adopted and the House accepts the Governor's specific recommendations for change. Representative Lou Jones in the chamber? Thank you. On the Calendar on page 2 appears Senate Bills Third Reading. Senate Bill 485, Representative Flinn. Monroe Flinn. Read the Bill, Mr. Clerk."

"Senate Bill 485, a Bill for an Act concerning financial institution branches. Third Reading of this Bill."

"The Gentleman from St. Clair, Representative Flinn."

"Thank you, Mr. Speaker. Mr. Speaker and Ladies and Gentlemen of the House, Sen...it's a little bit noisy back here, Mr. Speaker. Would you kindly break up the meeting down in front of me. Thank you. Senate Bill 485 was 17  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 amended, which would permit the bank commissioner to call for only four meetings a year of bank boards. The problem is that we have a lot of small banks that have a board, and they're required by law now to meet 12 times a year. Now those that wish to continue to meet 12 times a year, that's fine, but this Bill would make the law permissive, and if the bank...particular bank requested to only meet quarterly instead of monthly, that's the way it would be because the bank commissioner would grant that wish. This is a bipartisan supported Bill and I ask for the adoption. Will answer any questions."

"Any...any discussion? The Gentleman from Jersey, Representative Ryder."

"Thank you, Mr. Speaker. I join with Representative Flinn in sponsoring this. The Amendment that we passed a day or two ago is the Bill. This allows bank holding companies to maintain some local input so that they can continue to have meetings, although not necessarily 12 times a year, of the local board of directors. We find that to be very important as bank holding companies acquire more and more local facilities, and as a result, we would like to see the local communities have that input. It is for that reason that I Cosponsor the Amendment and I join with the...Representative Flinn in urging that this be approved. Thank you, Mr. Speaker."

"Further discussion? Hearing none, the question is, 'Shall Senate Bill 485 pass?' All those in favor signify by voting 'aye'; opposed, 'no'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Representative Hawkins."

"Mr. Speaker, I want to declare a conflict...potential conflict of interest, and I'm voting 'present'." 18  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993

"Have all voted who wish? Take the record. On this question there are 112 voting 'yes', none voting 'no', 4 voting 'present'. House Bill 485, having received the required three-fifths Constitutional Majority, is hereby declared passed. Senate Bill 868, Representative McAfee. Read the Bill, Mr. Clerk."

"Senate Bill 868, a Bill for an Act amending the Illinois Vehicle Code. Third Reading of the Bill."

"The Gentleman from Cook, Representative McAfee."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 868, as amended yesterday, amends the Illinois Vehicle Code. This Bill merely returns the surety bond exemption to the used car dealers that was previously in place and puts them on the same and level playing field as the new car dealers. I know of no opposition. I urge your support."

"Any discussion? The Gentleman from Peoria, Representative Saltsman."

"Yes. This is the Bill that many of us have received phone calls on for the last two months. It puts the...the Amendment is the Bill. It puts the used car dealers on the same playing field as the new car dealers. This is a good piece of legislation and I want to thank Representative McAfee for letting us use one of his Bills to gut and to put this important legislation on. If we don't pass it now, these bonds will have to be purchased in December and these people's licenses will be held up until these bonds are purchased, if we don't pass this legislation. So I urge the passage of this legislation immediately and to send it to the Senate."

"The Gentleman from Jersey, Representative Ryder." 19  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day

"Thank you, Mr. Speaker. I October 28, 1993 join with Representative Saltsman and others on both sides of the aisle to urge the passage of this. Representative Saltsman worked hard on it. I think he's been joined by a lot of other good folks who are trying to rectify a situation created in the spring. I would urge favorable votes."

"Further discussion? The Gentleman from Macon, Representative Dunn." Dunn: I would "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I, too, rise in support of this legislation and encourage all the Membership to support this legislation at this time. There was an unfortunate set of circumstances which was prejudicial to those in the pre-owned car business who are independent business people, small business people, who have taken risks, who own their buildings, own their lots, live and die with whether or not they sell cars. And we have asked them to do something they haven't been required to do for years and years and years, and that is to put up a bond, when they really don't need to do so. So this legislation will get us back to square one and remove an onerous burden from the used car dealers of the State of Illinois. And I would urge everyone to support this legislation."

"The Gentleman from Kankakee, Representative Novak." I

"Thank you, Mr. Speaker. rise in support of this legislation, also. I would like to congratulate Don Saltsman for working very hard and taking the lead on this. I'm sure all of us received many phone calls and letters from very...very small business people that are the backbone of our communities. This is a prime example of something that should not have happened earlier this 20  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 Session, and now we need to correct the situation to help out the small business person. So, once again I want to thank Don Saltsman and all the Cosponsors and Representative McAfee for allowing us to use your Bill. So everyone vote 'yes', please."

"Representative McAfee to close."

"I'd just like to thank the Gentlemen that have already addressed the purpose of the Bill, and I urge your support."

"The question is, 'Shall Senate Bill 868 pass?' All those in favor signify by voting 'aye'; opposed, 'no'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this question there 115 voting 'yes', none voting 'no', 1 voting 'present'. Senate Bill 868 having received the required three-fifths Constitutional Majority, is hereby declared passed. Is Representative Brunsvold in the chamber? Brunsvold? Page two of the Calendar under House Bills Third Reading appears House Bill 1594, Representative Brunsvold. Mr. Clerk, read the Bill."

"House Bill 1594, a Bill for an Act amending the Wildlife Code. Third Reading of the Bill."

"Representative Brunsvold."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill was done in the first portion of the Veto Session. We added an Amendment from Representative Giglio dealing with the fish...commercial fishing on Lake Michigan. It was an agreed situation that would have taken the fifth license quotas and divided them among the other four commercial fishermen in Chicago. The Bill...the Amendment was put on the Bill and moved to Third Reading. 21  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 I would ask for your support on House Bill 1594 and ask for the passage."

"Any discussion? Hearing none, the question is, 'Shall House Bill 1594 pass?' All those in favor signify by voting 'aye'; opposed, 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this question there 108 voting 'yes'...Representative Laurino, 'aye'. Prussing, 'aye'. On this question there are now 110 voting 'yes', none voting 'no', 1 voting 'present'. Representative Giolitto, 'aye'. Anybody else? On this question there are now 111 voting 'yes', none voting 'no', 1 voting 'present'. House Bill 1594 having received the required Constitutional Majority is hereby declared passed. We are now going to Resolutions; however, don't get too excited, we're not ready to adjourn. We'd like to move one particular Resolution. House Joint Resolution 85, Representative Rotello. Mr. Clerk, read the Resolution."

"House Joint Resolution 85. WHEREAS, The General Assembly is saddened at the loss of State Representative Edolo Joseph "Zeke" Giorgi of Rockford and wishes to recognize his outstanding contributions to Illinois citizens; and WHEREAS, Zeke Giorgi served his country during World War II as a member of the U. S. Army Intelligence; and WHEREAS, First elected to the House of Representatives in 1964, serving the people of Rockford and northern Illinois in the General Assembly from 1965 until his passing in 1993, he was returned successively to office and continued to ably serve the people over fifteen terms in the House, during which time he became the "Dean of the House", and his devotion to the public touched and guided his colleagues on both sides of the political aisle; and 22  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 WHEREAS, Representative Giorgi ably served the members of the House and the people of Illinois as an Assistant Majority Leader; and WHEREAS, Dubbed the "Father of the Lottery" by Governor Walker for guiding the legislation to create the Lottery through turbulent political waters, forcing the Governor to sign a bill he had sworn not to; and WHEREAS, Representative Giorgi took his greatest pride in helping the underprivileged, being a friend to those in need of a job, a break, a shortcut through government red tape, or just a sympathetic ear; and WHEREAS, Zeke Giorgi flourished as the General Assembly changed, from an era of members working from their seat on the House Floor to an era of working staff, for whom he always had a kind word or the time to relay a bit of the history of the Body; and WHEREAS, Representative Giorgi loved the House of Representatives, referring to his seat as the "eye of the storm" and the General Assembly as "the greatest theater in the world"; and WHEREAS, Representative Edolo Joseph "Zeke" Giorgi deserves to have his achievements recalled by future generations; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that we name the new State of Illinois Building at 200 South Wyman in Rockford the E. J. "Zeke" Giorgi Center; and be it further RESOLVED, That suitable copies of this preamble and resolution be presented to Mrs. Josephine Giorgi and the Director of Central Management Services."

"The Chair would like to remind the Members this is not the normal Resolution that we do with the passing of a former Member. This is a Resolution to name a building. That will be forthcoming when the family is ready to come to Springfield. On this Resolution, Representative 23  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day Rotello: Rotello." October 28, 1993 "Thank you, Mr. Speaker. I'd like to say that the State of Illinois Building which is currently on the banks of the Rock River was something that Zeke worked hard to obtain for our community during the 'build Illinois' period of the Assembly, before I had an opportunity to be here. But the night that the building was dedicated, former Governor Thompson came and dedicated the building. And that evening he said, 'I think this building should be named after Zeke Giorgi.' And of course to much applause and laughter in the crowd, it was quite a fitting tribute that that was said at the time when Zeke was alive so he knew how people would feel, but he, being a humble man, didn't want it. And then after I was elected in 1990, on two occasions I spoke with Zeke that the building should be named after him because he's worked in this Assembly for just under 30 years, served on our city council for 10 years prior to that, and certainly was involved in politics before then. So it would really be a lasting tribute to our former colleague, Representative Giorgi and his family, and I ask for its adoption."

"You heard the Gentleman's Motion. All those in favor signify by saying 'aye'; opposed 'no'. In the opinion of the Chair the 'ayes' have it. The Resolution is adopted. We'll use the Attendance Roll Call for the adoption of the Resolution. Mr. Clerk, are there further Resolutions?"

"No further Resolutions."

"Supplemental Calendar announcements."

"Supplemental Calendar #2 is being distributed."

"Supplemental Calendar #2 on the Order of Senate Bills Second Reading appears Senate Bill 232. Mr. Clerk, 24  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 read the Bill."

"Senate Bill 232. The Bill has been read a second time previously. No Motions filed. Floor Amendment #1 offered by Representative Leitch."

"Representative Leitch on Amendment #1 to Senate Leitch: Bill 232." "I'd like to withdraw the Amendment, please."

"Withdraw Amendment #1. Are there further Amendments, Mr. Clerk?"

"Floor Amendment #2 offered by Representative Hoffman."

"Representative Hoffman."

"Withdraw Amendment #2."

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

"Floor Amendment #3 offered by Representative Flinn."

"Representative Monroe Flinn on Amendment #3."

"Thank you, Mr. Speaker. What this Amendment does, would change the Illinois laws in regard to credit cards; and it refers to ratification and it will make it like the Delaware and South Dakota laws, and it will create...or attract rather, about 300 to 500 jobs to Illinois. There are a number of banking institutions who would like to move to Illinois, but they can't without changing the law. We've already voted on this issue before, and voted by an overwhelming majority. And I think we have bipartisan support on the Amendment and I would ask for the adoption."

"Is there any discussion? The Gentleman from Jersey, Representative Ryder."

"Thank you, Mr. Speaker. It appears that we're starting a trend. This is the third time that I've joined my 25  88th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993 Democratic colleagues in cooperating on some Amendments. This one's particularly important because it continues to put Illinois in the forefront for attracting business, especially in the financial institution and credit card business. For that reason I would suggest that we support this Amendment, and then that we proceed to consider the Bill so that we might be able to offer an opportunity to bring some jobs to Illinois for a change."

"Further discussion? Hearing none...Representative Monroe Flinn to close."

"I'd just ask for a favorable vote."

"The Gentleman moves for the adoption of the Amendment. All those in favor signify by saying 'aye'; opposed, 'no'. In the opinion of the Chair the 'ayes' have it. The Amendment is adopted. Further Amendments?"

"No further Amendments."

"Third Reading. On the Order of Second.. Bills Second Reading appears Senate Bill 1043. The Gentleman from Cook, Representative Murphy. Read the Bill, Mr. Clerk."

"Senate Bill 1043, a Bill for an Act amending the Illinois Municipal Code. Second Reading of the Bill. No Motions filed. Floor Amendment #1 offered by Representative Steczo."

"The Gentleman from Cook, Representative Steczo."

"Thank you, Mr. Speaker and Members of the House. Amendment #1 to Senate Bill 1043 contains a number of accountability reforms that have been negotiated over the course of the last six months between various local governments and the TIF Association of Illinois. I would like to read into the record some of the items contained in this reform that have been sought after for many many years 26  88th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993 to allow joint review boards and others affected by TIFS to have more information on the front side and during the course of those TIF discussions and after TIFS are created. This Amendment would require all information to include evidence that the area to be designated has not been subject to growth and development through investment by private enterprise. It would require all TIFS to include an assessment of financial impact. It would require municipalities to repeal any future TIFS seven years after their establishment if they have not initiated a redevelopment project. Provides various kind of early warning information to municipalities. Requires that at the time of the public joint review board hearing that an eligibility study and all other types of information has to be made available to the members of the joint review board. It provides annual reporting requirements for all existing and future TIFS. It provides for annual management audits for certain TIFS over $100,000 of cumulative tax increment revenues, and also provides that the...that existing or future TIFS...allows them or requires them to convene joint review boards in the future, where the need for assistance for each proposed major project would be 35% of the original TIF budget once the TIF is more than five years old; and also has other provisions in it that do much to open the doors to...to fairness in the question of TIF...TIF hearings and TIF considerations. So, Mr. Speaker, if there's no questions, or I would answer any questions, and if now would ask for the adoption of Amendment #1 to Senate Bill 1043."

"Any discussion? The Gentleman from Cook, Representative Balthis."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the 27  88th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993 House. I rise in support of the Gentleman's Motion, and thank him and members of the Illinois Municipal League and other municipal groups that have worked together with the TIF association and with school associations on this much needed legislation, and I would urge a 'aye' vote."

"The Gentleman from Vermilion, Representative Black."

"Thank you very much, Mr. Speaker. I have an inquiry of the Chair."

"Proceed."

"My file would indicate that Amendment #1 is sponsored by Representative Murphy and Flowers. Am I looking at the right sheet or have we got a different Amendment or..."

"Mr. Clerk."

"Amendment #1 is sponsored by Representative Steczo. Amendment #2 is sponsored by Representative Balthis and Steczo."

"Does the Clerk reflect a Floor Amendment #1 that would be identical to House Amendment #1 to Senate-Bill 357? Somebody...we have a...can we pull it out of the record? Our file does not match what the Sponsor has in any way shape or form. It doesn't match the language, it doesn't match the Sponsor. So, either our file is incorrect, or we just haven't caught up yet."

"Mr. Clerk, take the Bill out of the record for a moment. Representative Black, are we ready to proceed, Representative?"

"Okay, thank you very much, Mr. Speaker. Our staff has been able to correct a glaring oversight made by the Clerk, which I'll overlook at this time."

"You know, it must be a great day when we have all this cooperation..." 28  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day

"Thank you."

Speaker Giglio: "...from the other side Representative Parke." October 28, 1993 of the aisle.

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. If the Sponsor would yield I'd like to ask a question."

"Representative Steczo. Proceed."

"Yes. Representative Steczo, I hear that you've got an agreement with the Municipal League and with the school districts and everything, but what about the business community that would be entering into a TIF initiative. Why is this necessary? Are we having abuses of TIF districts? Are they not performing the way they're suppose to? What is the reason for this?"

"Well, Mr. Parke, first keep...the two items that brought all the sides together to negotiate this agreement on TIFS, was, number one, when a TIF is proposed, a joint review board is created. The joint review board's actions, however, are advisory only. And in many cases it's felt that the joint review board does not have the amount of information necessary even to make an informed decision. This agreement provides that kind of information. There are also other things that came up that addressed certain problems that have existed during the continuation of TIFS by beyond their starting date. The whole idea is not to create any difficulties or problems with TIFS or businesses wishing to establish their businesses within a TIF, but it's a question of fairness to all those local governments impacted by a tax increment financing district. Hopefully this kind of information will make all the discussions a level playing field and will provide a better environment for all those businesses wishing to settle within a TIF." 29  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day

"Have you October 28, 1993 contacted the Associated Employers or the Illinois Chamber as to any kind of a feedback or any kind of concurrence on this Bill?"

"There was really nothing...there are no financial changes or anything in this Amendment that would require any changes other than informational reporting only, with the exception of the fact that if there's been no redevelopment within the TIF for a period of seven years, then the property ceases to become a TIF. The whole purpose of creating a TIF is to try to develop and redevelop and to try to provide for business expansion. If it doesn't take place there is no need for the TIF to exist."

"One last question. Is DCCA...was the member of your group...to discuss this with?"

"Normally TIFS are created by agreements among local governments. This is strictly a local governmental function. Therefore, all those local governments that are impacted by the creation of TIFS are the ones that took place...that took part in the discussions to try to come up with this agreement, which they succeeded in doing."

"Thank you, Representative Steczo."

"The Gentleman from McHenry, Representative Skinner."

"Mr. Speaker, I have a parliamentary inquiry. We have just received this Supplementary Calendar #2 on which Senate Bill 532 is listed. And it says First Conference Committee Report, and no one can find a copy of the First Conference Committee Report. Would the Speaker or the Clerk have any clue as to why we received a Supplementary Calendar about a report which does not exist?"

"Representative Skinner, in order to consider a 30  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 Bill or a Conference Committee Report, we first have to notify the Members that the Conference Committee Report...or the Supplemental Calendar is out. So, that's to let the Members know while the Conference Committee Report is being distributed on this particular issue."

"Is it being printed at this point?"

"It'll be printed and distributed in a very short time."

"Well, it's certainly not being distributed, but it might be being printed. Thank you."

"Further discussion on the Amendment #1? All those in favor of the Amendment signify by saying 'aye'; opposed 'nay'. In the opinion of the Chair the 'ayes' have it. The Amendment is adopted. Further Amendments?"

"Floor Amendment #2 offered by Representative Balthis."

"The Gentleman from Cook, Representative Balthis."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #2 to Senate Bill 1043 is the same language that we adopted in Senate Bill 402. The Governor amendatorily vetoed that. It was considered in noncompliance by the Speaker, who have now added the exact language that the Governor used in his Amendatory Veto to go into Senate Bill 402...or go into House Amendment #1, which was, in fact, Senate Bill 402. It creates the Industrial Jobs Recovery Act. Provides a method of developing or redeveloping defined economically distressed project areas. It allows communities to take abandoned buildings, old warehouses, communities that have a high incidence of unemployment, to utilize the TIF statute, and I would urge its adoption. Be happy to answer any 31  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day questions." October 28, 1993

"Any discussion? Representative Steczo."

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

"Indicates he will."

"Representative Balthis, the Governor made certain changes in Senate Bill 402 that are now being included in the Sen... Amendment #2 to Senate Bill 1043, which is the Industrial Jobs Recovery Law and those changes were set forth in his Amendatory Veto Message dated September 13th, 1993. In that message, the Governor deleted certain language from this Act which pertained to payments or reimbursements made directly by municipalities to developers and to other persons for certain redevelopment project costs. The question is, does the deletion of this language mean that this Act can no longer be read to permit the municipality to pay these costs if they are incurred by a developer?"

"Representative, in my opinion that is not the case, but I would like to read into the record for legislative intent, some language that has been prepared for that purpose. It's in the absence of the deleted language. This Act is still intended to permit the municipality to incur eligible redevelopment project costs by paying or reimbursing the developer or another third party for them. The specific language which the Governor has deleted was intended merely as an additional statement of existing statutory powers as they are set forth in this Act and in the Tax Increment Allocation Redevelopment Act. The absence of this additional language does not limit powers, municipal powers, as they otherwise exist under either Act. We agree with the Governor that developers in certain circumstances should not be permitted direct subsidies. 32  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 The Governor may have intended that the deletion of the language would prevent a developer from on its own initiative, making substantial expenditures and then demanding reimbursement from the municipality or a bond trustee. We are of the opinion, that the Act with the deletion of the language vetoed, is adequate to permit payment of eligible costs if the expenditures are directly undertaken by the municipality or by another entity acting on behalf of the municipality, so long as the payment is authorized by the municipality. Since it is clear from this Act that the municipality may itself incurred direct expenditures for eligible costs, we are sure the Governor did not intend to deny the municipality the right to incur redevelopment project costs by authorizing payments to another entity for these expenditures. Particularly in the case of the expenditures for hazardous waste costs, it is desirable that the municipality not be the entity to acquire real property or interest in real property, since if a municipality is introduced into the chain of title, it becomes liable under various environmental protection acts to third parties."

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

"No further Amendments."

"Third Reading. Further Amendments? Third Reading. Was that an echo? Representative Walsh, for what purpose do you rise, Sir?"

"Thank you, Mr. Speaker. I would like to recognize and welcome a group of seniors that are here from the Westchester Bible Church with their pastor, the Reverend 33  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day Bob Gray, and their October 28, 1993 assistant pastor, Mike DuBois. If you'd all wave and welcome. Thank you."

"Welcome to Springfield. Representative Currie, would you come to the podium, please? Representative Currie in the Chair."

"Senate Bill 87. Clerk, what's the status of the Bill?"

"Senate Bill 87. The Bill has been read a second time previously. Amendments 1 and 2 have been adopted to the Bill...excuse me, Amendments 2 and 3 have been adopted to the Bill. No Motions filed. Floor Amendment #4, offered by Representative Weller."

"Representative Weller, Floor Amendment 4. Withdraw Amendment #4. Further Amendments?"

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

"Representative Weaver."

"Thank you, Madam Speaker. Please withdraw #5."

"Amendment 5 is withdrawn. Further Amendments?"

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

"Representative Burke."

"...Speaker, I vote for the adoption of House Amendment #6. It guts the Bill. Actually it becomes a vehicle. The forthcoming Amendments will become the Bill. I'm set. Unless there's any..."

"Representative."

"Unless there's any questions, I'm..."

"Representative Burke moves 'do adopt' on Amendment 6 to Senate Bill 87, and on that Motion, is there any discussion? Hearing none, all in favor say 'aye'; opposed 'no'. The 'ayes' have it, the Amendment is 34  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day adopted. Further Amendments?" October 28, 1993

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

"Representative Ostenburg."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #7 is identical to Amendment 2 that had been put on the Bill earlier. This in effect eliminates the position of the Regional Superintendent of Public Instruction in the suburban area of Cook County. If you will recall, in 1992 the Legislature eliminated the Cook County Regional Superintendent of Schools in the eleventh hour, literally, of the General Assembly this past July. We added that position back in as part of a Conference Report which included a number of other items. This measure will eliminate that position once again, and I urge its adoption."

"Representative Ostenburg moves 'do adopt' on Amendment 7 to Senate Bill 87, and for discussion, Representative Hoeft."

"Thank you, Madam Chairman. Will the Sponsor yield?"

"He indicates he will."

"If this gets...when this gets to vote, I would ask that the...we have a Roll Call Vote on this, and I ask appropriate number of my colleagues to indicate that this is what they desire. One of the things that's very important about this Bill is to realize that services have to be given to the teachers and the students of the Cook County area. The State Board of Education has indicated that it's going to cost between $2 million and...no excuse me...$2.5 million and $3 million from the State Board budget from the rest of the state's schools in order to fulfill the needs of this office. So, what we're doing if 35  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 you vote 'yes', you're saying that Cook County can do away with this expense and the rest of the districts in the State of Illinois will have to then maintain it. We should be consistent. We put the office back in, it's an excellent office. The districts' superintendents are requesting that this be continued. I don't see why the rest of the districts in the State of Illinois, the rest of the schools in the State of Illinois should have to pay for the cost of this important office. I would ask you to vote 'no' on this Amendment. Thank you."

"Further discussion? Representative Wennlund."

"Thank you, Madam Speaker. I think the important thing that the Members of this House should know is that with the...if the State Board of Education takes over the functions and duties of the regional superintendent, do you really know who's going to end up paying for that? All of Illinois. All of downstate Illinois will be paying for the expenses of the regional superintendent, which in your and my districts are paid for by each county or each county in the region. So, you're taking $3 million that Cook County should be paying for its own services for regional superintendent and spreading that throughout the entire State of Illinois. So, you have all your downstaters down in Effingham paying part of that $3 million in services that it takes to function for Cook County and not for your own home regional superintendent. So, I'd ask that you keep that in mind, and at the same time renew the request for a record vote on this Amendment, Madam Speaker."

"Further discussion? Representative Schoenberg."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. It's a shame that this issue has been framed in a partisan context. If anything, the initiative for this 36  88th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993 issue came originally from the other side of the aisle on the Cook County Board. A number of Republican Commissioners from the suburbs for a number of years indicated that they felt this office was superfluous. Now, this is a policy question, and an issue which transcends whether or not Mr. Martwick actually holds the job or not. The fact of the matter is, the current acting superintendent, Mr. Layman, stepped into the position on the full understanding that he was going to be charged with eliminating his own job. I suggest that we let this, on a policy basis, go ahead and eradicate the office and, therefore, undo what was wrongly done previously."

"Further discussion? Representative Kubik."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. In response to the previous speaker, I rise in support of this Amendment, so it is not a partisan issue. I happen to believe that the Representative has a good Amendment and it makes a lot of sense. I was one of those Republicans who spent probably five years trying to rid this office and consolidate it under the State Board of Education. In looking at that whole issue, it is so clear to me that that's where this whole...all these functions belong. Frankly, all of these functions statewide ought to be under the State Board of Education, but that's not going to happen for political reasons. I'll tell you what, this Amendment just goes to show you that when to try to eradicate government, the forces opposing the eradication of some level of government always come together to try to make sure that that government remains and, you know, it is just beyond me why we...why we shouldn't support this Amendment. It makes eminent good sense. This function should be under the State Board of Education. As to the 37  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 cost, I'm not going to argue that. There clearly will be some cost, but Ladies and Gentlemen we have the distinction, and I would say the dubious distinction, of being the state with the most units of government of any in the country. We talk about the cost of property taxes, these are the kinds of units of government that piled upon one another, create the problems that we have with property taxes. This reform of a couple of years ago made eminent sense. It's good sense to put this under the state's jurisdiction, and we ought to keep it there. I only regret that, unfortunately, this office was recreated in a Bill that was unfortunately, unable to be vetoed. So, as a result the Governor reluctantly had to sign it, but I think the Sponsor has a good Amendment. We ought to support this Amendment. This a step in the right direction, not back the old way. We eliminated SO many of these regional superintendents in a reform that occurred a few years ago, and we ought to continue to do it, solidify the duties under the State Board of Education, and this again is a step in the right direction, and I really strongly support this Amendment, would hope all Members would support it as well."

"Further discussion? Representative Steczo."

"Thank you, Madam Speaker, Member of the House. The last two previous speakers hit the nail right on the head in terms of the need to reabolish, if you will, this office. For years and years and years, superintendents, school board members, and others in Cook County told we, as Members of the General Assembly, to do something for them...to do something to make their schools function more properly and to get rid and eradicate a very, very useless office in Cook County and save the taxpayers of Cook County 38  88th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993 some money. For years and years they tried, for years and years they couldn't do it, until three years ago, we in the General Assembly said, we think you're right. We think that this is a useless office. We think that the functions of this office could be picked up very easily either by the State Board of Eduction or by other Cook County...Cook County agencies, and not only streamline school administration in Cook County, but also save the property taxpayers a good deal of money. So, now all of a sudden after the phase out period begins, here we come last summer with a Bill to recreate this office, and in a way that makes absolutely no sense whatsoever. The property taxpayers of Cook County, in particular going to the second Gentleman, need a break as he alluded to and as I allude to. We hear about beleaguer property taxes in Cook County, and here we are with an opportunity to save Cook County property taxpayers $1.8 million. Rather, we would rather dip now under our actions last summer back into their pockets for $1.8 million, and fund an office that really has been termed useless and archaic for purposes of Cook County education. So, Madam Speaker, Members of the House, this Bill makes eminent sense, not only from a policy standpoint, but also from a beleaguer property taxpayer standpoint, and I would ask you to help the property taxpayers in suburban Cook County and vote 'yes', on this Amendment."

"Further discussion? Representative Granberg."

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

"Indicates he will."

"Representative Ostenburg, there seems to be some concern among our downstaters about the impact of this Amendment. There is some discussion that this will, in 39  88th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993 fact, if this Amendment is adopted and passed that it will cost our downstate school districts, that, in fact, it would take state dollars away to continue the operations. Now, it's my understanding that that would have...it would have no impact, but some arguments have been raised. Could you please comment on that?"

"Yes. As a matter of fact, the statistics that we have show that rather than costing $3 million to the State of Illinois to administer this office, the collection of fees that will be involved will generate $860,529. In addition to that, the current amount of $562,250 that the state annually allocates to a regional superintendent and assistant regional superintendent will be eliminated. So, we'll actually be providing money to the state to handle the services that it's conducting and eliminating a cost that the state currently contributes to the Cook County superintendent's position. So, this will actually save the State Board of Education money statewide. Thats's right."

"Okay. Thank you, Representative. Ladies and Gentlemen, I rise in support of the Amendments. We narrowed the number of state superintendents downstate last year. It was a good idea. It saved taxpayers dollars. It made government more efficient. This seems to be carrying on with this idea. We made a mistake last year by allowing the office back, and I would urge an 'aye' vote."

"Further discussion? Representative Weaver."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Those of you who are in Cook County listen to what the State Board of Education is now going to do for the Chicago school system if this is adopted. The State Board of Education will then be responsible for registering teacher certificates, enforcing life safety code, issuing 40  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 bus driver permits, providing high school equivalency testing, holding teacher institute days, revoking teachers certificates and bus driver permits, but most importantly, the State Board of Education if this is adopted, will be in a position to make appointments to school boards when the local school boards don't do that. So, the State Board of Education right here in Springfield will have the responsibility of appointing members to the school board in Chicago. Now, I'm not sure if you object to the 2.4 million estimated cost to the State of Illinois, and while I don't disagree that we need to make some major, major changes in the City of Chicago school system, I don't know that half a loaf is the right way to go. I think we ought to either do it all or not do any of it, but right now we're dealing with kind of a half a loaf situation here, and I think we ought to take a real hard look at this before we vote 'yes'."

"Representative von Bergen Wessels." von Bergen Wessels: "Thank you, Speaker. Will the Sponsor yield?"

"Indicates he will." von Bergen Wessels: "How many ESR's will exist in this state if we pass this Amendment?"

"Pardon me. Would you repeat that." von Bergen Wessels: "How many ESR's will exist in the state if we pass this Amendment? Will we go down to 45? The total number of ESR's in 1995."

"I don't know that this will impact on...we're just eliminating the Cook County ones. So, everything else would stay the same." von Bergen Wessels: "Right. So, we would reduce by one."

"It would reduce by one. The legislation that was 41  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 passed already will reduce that number down to, I think 35 within the next 5 years." von Bergen Wessels: "Well, I got a call from my..."

"45..it's 45." von Bergen Wessels: "...from my superintendent today that told me that there is a list of counties that are ranked, and where you fall on this list has to do with how much money that you would be getting in sense of reducing the ESR's by one may very well mean that Whiteside County would lose money. I'm going to have to vote 'no'."

"Representative Ostenburg, to close."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. There are several points that I'd like to make in closing. First of which, is that fact that both the CHICAGO TRIBUNE and the CHICAGO SUN TIMES this past week have editoralized in favor of this Amendment, and both of them point out that this effort to recreate this position in suburban Cook County is nothing more than an attempt to create patronage positions. If we're in favor of good, clean government, and if we're in favor of eliminating unnecessary positions, then we need to support this Amendment as the TRIBUNE and the SUN TIMES both have pointed out. In addition to that, it's absolutely absurd to suggest that this is going to cost $3 million in taxpayer's money when, in fact, the office right now costs only $1.5 million to operate, and it's doing a whole lot more services than what would be done by transferring this responsibility to the State Board of Education. The State Board of Education's responsibility will be to handle only three areas, and in those three areas there's the collections of fees, and the collection of fees will generate almost a million dollars that will go to offset 42  88th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993 the costs involved in performing those functions. Right now, there's all kinds of additional costs that are involved in the superintendent's office. They're paying rent. They're paying for legal activity. They're paying payroll expenses, health benefits, retirement, unemployment insurance, a number of other things, and yet it only costs them $1.5 million. It's ridiculous to think that the State Board of Education that will not have any additional costs involved to perform any of those functions cannot do this job for less than 3 million, especially when they're going to be collecting almost a million dollars in fees. This is not a costly measure. This is a measure to cut unnecessary government. This will be a move towards efficiency and most importantly, it will eliminate a purely political effort to create patronage jobs in suburban Cook County. This will save taxpayers money in suburban Cook County. One additional point that I want to make in regard to the last speaker's comments, this measure has nothing to do with the City of Chicago. This has to do with suburban areas. We're not talking about the superintendent of public instruction doing anything different in the City of Chicago than what's being done already. This position relates to the suburbs, that has nothing to do with the city schools or the city school councils. I urge your 'aye' vote on this important measure."

"The question is, 'Shall the House adopt Amendment 7 to Senate Bill 87?' All in favor vote 'aye'; opposed vote 'no'. Voting is open. Representative Black, one minute to explain your vote."

"Thank you very much, Madam Speaker and Ladies and Gentlemen of the House. As usual, some things come up at the last minute, and I would simply remind any of you not 43  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 living in Cook County, you might want to get a copy of a Grant Thornton audit, that shows perhaps that Cook County may have used money from the regional superintendent of schools office illegally, and I question whether what we're doing here is a smoke screen for what has been done or whether it's a move to allegedly save money. I don't think it is. If any of you have a regional superintendent of schools, and we all do, your money will go to pay the expenses of an office that they abolish in Cook County. There's no other way about it. Representative von Bergen Wessels was absolutely right. Don't kid yourself. Vote 'no'."

"Representative Brunsvold, one minute to explain your vote."

"Thank you, Madam Speaker. You know, I stand here and listen to the debate, and you get down to the bottom line, are we going to create another string from Springfield to Chicago's school system to try to connect us with them again when we're going to vote on very shortly, a Bill that not...most of us are going to want to vote on to bail out Chicago schools again. Well, here we go, we're taking away a regional superintendent, whether you like it or not, it's going to run things up there and leave us alone in Springfield. Cut that string, and let them operate their own system. So, right now looking us in the face is that opportunity or that vote we're going to have to make on that strings to Chicago, and I just don't want to do that anymore. I'm going to vote 'no'."

"Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 52 voting 'aye', 46 voting 'no', and the House does adopt Amendment 7 to Senate Bill 87. Are there 44  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993 88th Legislative Day further Amendments?"

"Floor Amendment #8, offered by Representative Levin."

"Representative Levin."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Amendment #8 is identical to Amendment #3 that was previously adopted, and is also identical to House Bill 2105 as it was originally introduced and also in the form that the Governor amendatorily vetoed it. It passed the House 111...112 to nothing. It passed the Senate 52 to nothing. If there are any questions, I'll be happy to answer them, but it simply codifies the authority of the Governor's Purchase Care Review Board in terms of promulgation of rules, and if there are questions, I'd be happy to answer them, otherwise just ask for your support for Amendment #8."

"Representative Levin moves 'do adopt' on Amendment #8 to Senate Bill 87. Seeing no discussion, all in favor say 'aye'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"

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

"Representative Giglio."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. This Amendment was part of the Bill that I passed out of here earlier in this Session, it went to the Senate. This Amendment was put on by the people that are in the college system, the Board of Governors. This is the one where it eliminates the requirement that the people that are going to the colleges like Governor State, Chicago State, that have to show proof that they were immunized for certain shots during their livelihood. The Governor vetoed 45  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 the first part of the Bill, the Bill went down. The Governor did not touch this, my assumption was that he was in favor of this portion of the Bill, and that's why I'm putting this Amendment on this Bill, and I would ask for your favorable support."

"Representative Giglio moves 'do adopt' on Amendment 9 to Senate Bill 87. All in favor say 'aye'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"

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

"Representative Santiago. Withdraw. Amendment 10 is withdrawn. Are there further Amendments?"

"No further Amendments, but a fiscal note as amended by Amendment 6 and 7 has been requested on the Bill."

"Representative Ostenburg."

"Thank you, Madam Speaker. I would move at this point that the fiscal note that has been filed on Amendments #6 and #7 do not apply."

"Would you like to explain why you think that it should not apply? Does it have something to do with the fact that the same information is already filed, with respect to another Amendment on this Bill?"

"Exactly. Yes."

"Thank you. Further discussion? Representative Black."

"Well, that's some...thank you very much, Madam Speaker. That's some very creative thought processes on the part of my colleague, that a fiscal note on another Amendment was already filed so, therefore, a fiscal Amendment (sic note) on 6 and 7 which he says isn't going to cost any money doesn't apply. Well, if it doesn't cost any money, 46  88th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993 we wouldn't have asked for it. Now, the fact remains is that the...that the fiscal note on the prior Amendment said there was a cost of $3 million, and I think on a bipartisan show of votes, there are those of us in this chamber that think this Amendment is going to cost somebody money. Now, perhaps, perhaps, we're not yet in agreement on who it's going to cost or what it's going to cost, but to stand up and say on a particular Amendment to a Bill, that everybody in this chamber knows somebody is gonna pay for, that the fiscal note is inapplicable is really stretching the point of inapplic...so take that, but as I was saying, no way can the Chair so rule on this Motion, and I'm joined by four of my colleagues in Rule 55, I would ask that we have a record vote on the Gentleman's Motion. This is outrageous to say that there's no fiscal note required on this. This is ridiculous."

"Representative Black, I believe Representative Ostenburg was making a Motion that the fiscal note request was inapplicable for the very reason that you already know the answer to the question. The question is, 'Shall the House vote on the question whether the fiscal note act in inapplicable to this Amendment?' All in favor indicate by voting 'aye'; opposed by voting 'no'. Voting is open. Representative Black, one minute to explain your vote."

"Thank you very much, Madam Speaker, and I certainly do appreciate the ability of the Chair to paraphrase some of my remarks. Those of you voting green are saying in effect that Amendment 6 and 7 have no cost, therefore, my request for a fiscal note doesn't apply. Now, at some point in the political process, you are going to be asked by constituents why did this Act cost x number of dollars. I submit to you, in all honesty, I don't know how much it's 47  88th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993 going to cost and who the ultimate party will be that pays the bill. What I am telling you, and all that does is keep this Bill on Second Reading another day, and who are you kidding, we're not going home tomorrow for good. This Amendment that he doesn't want a fiscal note on could be different by one sentence, one word, one paragraph, one comma, different than the Amendments I previously asked for a fiscal note on. Now, don't kid your constituents, and don't kid yourselves. Amendment 6 and 7 have altered the content of this Bill, and there will be a cost involved. Now, if it's already been filed, and there's no chance..."

"Time."

"...you can refile it. Otherwise, a 'no' vote is the right vote, because there is a fiscal impact, and a fiscal note should be filed."

"Representative Ostenburg, one minute to explain your vote."

"Thank you, Madam Speaker. The fiscal note that was filed on Amendment 2 is applicable to this Amendment, because the Amendments are identical. As a matter of fact, the material that was being used on the other side of the aisle in making it's point regarding cost was based on that fiscal note. The language of the Amendments are identical. The fiscal note is applicable, therefore, to the second Amendment the same as it was to the first Amendment. I'm not trying to obstruct anything, I'm simply trying to point out simple logic. If the words of the Amendment are identical, and the fiscal note detailed that, even though I disagree with that particular fiscal note and the content of it, nonetheless, it's applicable to the second Amendment. As regards Amendment #6, that Amendment does nothing but gut the Bill. So, there's not a financial 48  88th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993 impact connected to that. So, I just simply don't see the need to waste time at this point by seeking another fiscal note."

"Further discussion? Representative Weaver."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. The reason that we have asked for this fiscal note is that there's disagreement over the amount of the impact. Our notes indicate that there is about a $2.5 million cost to this Amendment, and the previous speaker, the Sponsor of this Amendment, admitted in debate to $1.5 million in cost. We have $1 million worth of difference here that we need to discover whether it's true or not. So, that's why we're asking...and Amendment #6 and 7 are not 2 and 3. So, that's why we need this Amendment..."

"Your time is up, Representative. Time is up, Representative. Representative Black, I believe you not only spoke in debate, but you've already had your one minute to explain your vote. Are there any further discussion on this Motion? There are 51 voting 'aye', 57 voting 'no'. The Motion fails. Mr. Clerk, am I right in thinking that the fiscal note on Amendment #7 has been filed?"

"A fiscal note as amended by 6 and 7 has been filed to the Bill."

"Third Reading. Committee Reports."

"The Committee on Rules has met and pursuant to Rule 14(a)6, Bills referred pursuant to Rule 27, 37, and 79 recommends consideration and the Bills be placed on the Order of Second Reading: Senate Bill 881, in conference; House Bills 299 and 1915. Signed Chairman, Frank Giglio."

"Representative Black, for what reason do you rise?" 49  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993

"Thank you very much, Madam Speaker. I'd like to rise to a point of person privilege, it doesn't involve any Member of this chamber, but I want everyone in this chamber to understand that the liaison for the Illinois State Board of Eduction went down there and took the old fiscal note and scratched some things out and changed some dates and calls that a new fiscal note. Now, I'm going to tell you something Mr. Carey, I don't appreciate that. That's not your job. You should have gone back and filed a new fiscal note. All that was done was to delay until they could file the fiscal note you'd already filed and no work was done, and I don't think that's your job, and I for once am ashamed and embarrassed that you would do such an act. That is not your job."

"We are prepared to do a Death Resolution in honor of a former Member, Representative Kenneth Miller, and as is usual, we will adjourn at the conclusion of the Death Resolution. We will adjourn until tomorrow at 10:00 a.m. House Resolution 1541."

"House Resolution 1541, offered by Representative Lawfer. WHEREAS, The death of former State Representative Kenneth Miller on October 5, 1993, brings much sadness to the Members of the House; and WHEREAS, Kenneth Miller was born on October 18, 1912, in Erie, the son of Jessie and Bertha Miller; and WHEREAS, He received a bachelor's degree from the University of Iowa in 1934; in 1936 he earned a Juris Doctor degree and began his practice of law in Prophetstown; and WHEREAS, He was an officer in the United States Navy during World War II and was stationed in the Pacific Theatre of Operations; and WHEREAS, Mr. Miller was a member of the Illinois, Whiteside County, and American Bar Associations, the Congregational 50  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 Church, the Masonic Lodge, and the Rotary Club; he was also the commander of the Sterling Veterans of Foreign Wars; and WHEREAS, Kenneth Miller served as a Representative in the Illinois House during the 73rd, 75th, 76th, 77th, and 78th General Assemblies; he was the Assistant Majority Leader for the 77th and 78th General Assemblies; and WHEREAS, His passing will be deeply felt by his family and friends, especially his wife Ruth; his sons, Stanley and Charles; his daughter, Jean Griffin; three grandsons; three granddaughters; two great-grandsons; a great-granddaughter; and his sister, Kathleen Ellis; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we note with sorrow and regret the death of Kenneth Miller and extend our most sincere sympathy to his family and friends; and be it further RESOLVED, That suitable copies of this preamble and resolution be presented to his widow, Ruth Miller, and three children: Charles A. Miller, Stanley A. Miller, and daughter Jean A. Griffin."

"Representative Lawfer on the Resolution."

"I would like to relinquish my time to Representative Skinner, and then I would like to speak, but Representative Skinner."

"Representative Skinner."

"Well, Kenny Miller served his last term when I was serving my first, first term, and I remember Ralph Capparelli and I and Kenny were on the Revenue Committee, which actually gave consideration to Bills back then. Kenny was the expert on sales tax, and I think it was because he had been a hearing examiner for the Department of Revenue on sales tax. He sat right where Kay Wojcik sits now, although there was another row in front of him. 51  88th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993 Just as Kay is supposed to make sure I vote right, Kenny was supposed to make sure that I voted right the first Session, both of them had equal success. I'm gonna miss him, that's for sure. He did figure out something about Illinois weather though. He figured out that as soon as he retired, he moved to Florida, which I suspect a lot of us will emulate. Kenny, as the Resolution says was an Assistant Majority Leader exactly as Zeke was when he died, and for those historians in the House, you might want to wander up by the plaque. You will see that his name is on there and the...he was part of the renovation effort that makes this House a less creeky place to serve in than it was prior to his serving."

"Representative Lawfer."

"Madam Chairman, I would move that all the Members of the House be included on this Resolution, as well as Representative Giorgi. Representative Giorgi worked with me on this Resolution, and had set up a date for this to be worked on. I'm sorry that we were unable to do it yesterday when Members of the family were here, but we had set up to do that in conjunction with Zeke had worked all this, and I'm sorry that he is unable here to express his thoughts."

"Representative Lawfer moves that all Members be added to the Resolution and now moves adoption of House Resolution 1541. All in favor say 'aye'; opposed 'no'. The 'ayes' have it. The Resolution is adopted, and this House does stand adjourned until the hour of 10:00 a.m. tomorrow, Friday, October 29th, allowing perfunctory time for the Clerk."

"Introduction and First Reading of House Bills. House Bill 2514 offered by Representative Rotello, a Bill 52  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 for an Act to amend the School Code. House Bill 2515 offered by Representative Roskam, a Bill for an Act to amend the Public Utilities Act. House Bill 2516 offered by Representative Deuchler, a Bill for an Act to amend the General Not-For-Profit Corporation Act. House Bill 2517 offered by Representative Hicks, a Bill for an Act to amend the Illinois Pension Code and to amend the State Mandates Act in connection therewith. House Bill 2518 offered by Representative Balanoff, a Bill for an Act to amend the School Code. House Bill 2519 offered by Representative Flowers, a Bill for an Act to amend the Illinois Purchasing Act. House Bill 2520 offered by Representative Flowers, a Bill for an Act to amend the Unified Code of Corrections. House Bill 2521 offered by Representative Schoenberg, a Bill for an Act to amend the Criminal Code. House Bill 2522 offered by Representative Blagojevich, a Bill for an Act to amend the Property Tax Code. House Bill 2523 offered by Representative Cowlishaw, a Bill for an Act relating to school districts in cities with a population exceeding 500,000 inhabitants. House Bill 2524 offered by Representative Hawkins, a Bill for an Act to amend the Southern Illinois University Management Act. House Bill 2525 offered by Representative Turner, a Bill for an Act to amend the Illinois Pension Code and to amend the State Mandates Act in connection therewith. House Bill 2526 offered by Representative Stephens, a Bill for an Act to amend the Nursing Home Grant Assistance Act. House Bill 2527 offered by Representative Stephens, a Bill for an Act to amend the Illinois Vehicle Code. House Bill 2528 offered by Representative Brunsvold, a Bill for an Act to amend the School Code. House Bill 2529 offered by Representative Balanoff, a Bill for an Act concerning 53  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 fishing and hunting licenses. House Bill 2530 offered by Representative Novak, a Bill for an Act to amend the Solid Waste Planning and Recycling Act. House Bill 2531 offered by Representative Balanoff, a Bill for an Act to amend the Public Utilities Act. House Bill 2532 offered by Representative Prussing, a Bill for an Act making an appropriation to the Illinois Community College Board. House Bill 2533 offered by Representative Hawkins, a Bill for Act to amend the Illinois Pension Code. House Bill 2534 offered by Representative Hoffman, a Bill for an Act to amend the Juvenile Court Act of 1987. House Bill 2535 offered by Representative Phelps, a Bill for an Act concerning alternative fuels. First Reading of these House Bills. Introduction and First Reading of Constitutional Amendments. House Joint Resolution Constitutional Amendment #20 offered by Representative Parcells. 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 add Section 13 to Article VII of the Illinois Constitution as follows: ARTICLE VII LOCAL GOVERNMENT SECTION 13. UNFUNDED MANDATES (a) Whenever the General Assembly or any State executive action requires a unit of local government to establish, expand, or modify its activities in such a way as to necessitate additional expenditures of revenue by the unit of local government, the State shall provide funds to reimburse the unit of local government for the costs necessary to carry out the mandated requirement, except that the General Assembly may, but need not, provide funds 54  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 for legislatively mandated requirements enacted before the effective date of this amendment or State executive actions initially implementing legislation enacted before the effective date of this amendment. (b) A mandated requirement that is not funded is not enforceable while not funded unless the bill implementing the mandated requirement passed with the concurrence of at least four-fifths of the members elected to each house of the General Assembly and specifically states that it is a nonreimbursable mandate under this subsection. SCHEDULE This Amendment takes effect upon approval by the electors of this State. First Reading of House Joint Resolution Constitutional Amendment 20. House Joint Resolution Constitutional Amendment 21 offered by Representative Parcells. 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 Section 8 of Article IV of the Constitution as follows: SECTION 8. PASSAGE OF BILLS (a) The enacting clause of the laws of this State shall be: "Be it enacted by the People of the State of Illinois, represented in the General Assembly." (b) The General Assembly shall enact laws only by bill. Bills may originate in either house, but may be amended or rejected by the other. (c) No bill shall become a law without the concurrence of a majority of the members elected to each house. Final passage of a bill shall be by record vote. In the Senate at the request of two members, and in the House at the request of five members, a record vote may be taken on any other occasion. A record vote is a 55  88th Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE October 28, 1993 vote by yeas and nays entered on the journal. (d) A bill shall be read by title on three different days in each house. A bill and each amendment thereto shall be reproduced and placed on the desk of each member before final passage. Bills, except bills for appropriations and for the codification, revision or rearrangement of laws, shall be confined to one subject. Appropriation bills shall be limited to the subject of appropriations. A bill expressly amending a law shall set forth completely the sections amended. (e) A bill that would require the expenditure of funds by a unit of local government or school district in order to implement that bill, or a bill that would exempt privately owned property or other specified items from the local tax base, shall not become law unless either: (1) the bill passes with the concurrence of at least three-fifths of the members elected to each house; or (2) the bill passes with the concurrence of a majority of the members elected to each house and a companion appropriation bill is passed to provide for reimbursement by the State to the unit of local government or school district of those funds necessary to implement the requirements of the bill or to replace the revenue loss created by the bill. An appropriation to meet the requirements of a bill that has been passed under paragraph (2) of this subsection (e) shall not be subject to actions by the Governor under subsection (d) of Section 9 of Article IV of this Constitution unless the Governor vetoes, under subsection (b) of that Section, the bill that would require the expenditure of funds or result in a revenue loss to units of local government or school districts through its implementation. This subsection (e) applies to bills passed by the 89th and subsequent General Assemblies. 56  STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 88th Legislative Day October 28, 1993 (f) The Speaker of the House of Representatives and the President of the Senate shall sign each bill that passes both houses to certify that the procedural requirements for passage have been met. SCHEDULE This Amendment takes effect upon its approval by the electors of this State. First Reading of House Joint Resolution Constitutional Amendment #21. Being no further business, the House stands adjourned until the hour of 10:00, Friday, October 29th." 57  REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 88TH GENERAL ASSEM.LY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX OCTOBER 28, 1993 94/01/20 14:31:55 HB-1594 THIRD READING PAGE 21 H3-2514 FIRST READING PAGE 52 H3-2515 FIRST READING PAGE 53 H3-2516 FIRST READING PAGE 53 HB-2517 FIRST READING PAGE 53 HB-2518 FIRST READING PAGE 53 H3-2519 FIRST READING PAGE 53 HB-2520 FIRST READING PAGE 53 H3-2521 FIRST READING PAGE 53 H-2522 FIRST READING PAGE 53 HB-2523 FIRST READING PAGE 53 HB-2524 FIRST READING PAGE 53 H-2525 FIRST READING PAGE 53 HB-2526 FIRST READING PAGE 53 HB-2527 FIRST READING PAGE 53 H-2523 FIRST READING PAGE 53 HB-2529 FIRST READING PAGE 53 HB-2530 FIRST READING PAGE 54 HB-2231 FIRST READING PAGE 54 HB-2532 FIRST READING PAGE 54 HB-2533 FIRST READING PAGE 54 Hゥー2534 FIRST READING PAGE 54 H3-2535 FIRST READING PAGE 54 SB-0037 SECOND READING PAGE 34 S-0099VETO ACTION PAGE 11 SB-0224 VETO ACTION PAGE 9 SB-0232 SECOND READING PAGE 25 SB-0254 VETO ACTION PAGE LO Sb-0479 VETO ACTION PAGE 12 SB-0485 THIRD READING PAGE 17 SB-0550 VETO ACTION PAGE 16 S-0868 THIRD READING PAGE 19 SB-1043 SECOND READING PAGE 26 HR-1541 ADOPTED PAGE 52 HR-1541 RESOLUTION OFFERED PAGE 50 HJR-0085 ADOPTED PAGE 24 HJR-0085 RESOLUTION OFFERED PAGE 22 *HJR-0020 FIRST READING PAGE 54 HJR-0021 FIRST READING PAGE 55 SUBJECT MATTER HOUSE TO ORDER SPEAKER GIGLIO PAGE 1 PRAYER REVEREND JEAN MARTIN PAGE L PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL ATTENDANCE PAGE 1 COMMITTEE REPORT PAGE 2 AGREED RESOLUTIONS PAGE 3 INTRODUCE ORIAH GARA FROM ZIMBABWE PAGE 5 COMMITTEE REPORT PAGE 9 REPRESENTATIVE CURRIE IN CHAIR COMMITTEE REPORT PAGE 34 PAGE 49 HOUSE ADJOURNED PERFUNCTORY SESSION PERFUNCTORY SESSION ADJOURNED PAGE 52 PAGE 32 PAGE 57