Illinois General Assembly Floor TranscriptsBrowseHouse88th GA

Illinois House Floor Debate — November 4, 1993

88th General Assembly (1993-1994) · Legislative day 91 · Regular Session
Chamber
House
General Assembly
88th (1993-1994)
Date
November 4, 1993
Legislative day
91
Session
Regular Session
Speaker turns
699
Original
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Speaker Giglio

"The House will come to order. The Chaplain for today is the Reverend Richard Egts of the Abundant Life Church of Auburn, Illinois. Reverend Egts is the guest of Representative Curran. All guests in the gallery may wish to rise for the invocation."

Reverend Egts

"...much for the opportunity of being able to be in this place to represent the people of this great State of Illinois. We ask for Your wisdom to be upon us. We're reminded in Your word that we're invoked to pray for our leaders and all of those who are in authority. So, we thank You for the opportunity that we have to come before You to consult You for Your wisdom, for Your guidance, and Your understanding. For we know that the decisions that will be made here will be made for the good of all men regardless of race, color, or creed, and that we can leave this place after our work is done, and we can do it with satisfaction and contentment that we have done the best that we could. We thank Your for Your wisdom and Your understanding in these matters of state. In Jesus' name we pray. Amen."

Speaker Giglio

"We'll be led in the Pledge by Representative Balthis."

Balthis 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."

Speaker Giglio

"Roll Call for Attendance. Representative Kubik."

Kubik

"Thank you, Mr. Speaker. Let the record reflect that Representatives Cowlishaw, McAuliffe, and Wojcik are excused today."

Speaker Giglio

"Representative Currie." 1 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993

Currie

"Thank you, Speaker. I know of no excused absences on the Democratic side of the aisle."

Speaker Giglio

"Take the record, Mr. Clerk. On the quorum call, there's 114 present. A quorum is in order. The House is ready to do its business. Introduction of House Bills."

Clerk Rossi

"House Bill 2547, offered by Representative Wennlund, a Bill for an Act concerning local regulation of firearms. House Bill 2548, offered by Representative Wennlund, a Bill for an Act to amend the Park District Code. House Bill 2549, offered by Representative Wennlund, a Bill for an Act to amend the Recycled Newsprint Use Act. House Bill 2550, offered by Representative Lou Jones, a Bill for an Act to amend the School Code. House Bill 2551, offered by Representative Schakowsky, a Bill for an Act to amend the Illinois Vehicle Code. House Bill 2552, offered by Representative Maureen Murphy, a Bill for an Act to amend the Minority and Female Business Enterprise Act. First Reading of these House Bills."

Speaker Giglio

"Agreed Resolutions."

Clerk Rossi

"House Resolution 1605, offered by Representative Steczo; House Resolution 1606, offered by Representative Weller; House Resolution 1607, offered by Speaker Madigan; House Resolution 1608, offered by Speaker Madigan; House Resolution 1610, offered by Representative Lindner; House Resolution 1611, offered by Representative Roskam; House Resolution 1612, offered by Representative Sheehy; House Joint Resolution 88, offered by Representative Ostenburg; Senate Joint Resolution 97, offered by Representative Saviano; Senate Joint Resolution 99, offered by Representative Saviano; and Senate Joint Resolution 93, offered by Speaker Madigan."

Speaker Giglio

"Representative Currie moves for the adoption of 2 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 the Resolutions. All in those in favor say 'aye'; opposed, 'no'. In the opinion of the Chair, the 'ayes' have it. The Resolutions are adopted. Death Resolutions."

Clerk Rossi

"House Resolution 1609, offered by Representative Edley, with respect to the memory of Howard Zook. House Resolution 1613, offered by Representative Parke, with respect to the memory of Robert O. Atcher."

Speaker Giglio

"Representative Currie moves for the adoption of the Death Resolutions. All those in favor say 'aye'; opposed, 'no'. The Resolutions are adopted. General Resolutions."

Clerk Rossi

"House Resolution 1614, offered by Representative Granberg; House Joint Resolution 86, offered by Representative Wirsing; Senate Joint Resolution 80, offered by Representative Hughes."

Speaker Giglio

"Committee on Assignments. Page two of the Calendar under Senate Bills, Third Reading, appears Senate Bill 881, Representative Turner. Is Art Turner in the chamber? On page three of the Calendar under Senate Bills, Second Reading, appears Senate Bill 433. Out of the record. Representative Lang, on the Order of Concurrence, appears House Bill 1479. Page five of the Calendar. The Gentleman from Cook, Representative Lang."

Lang

"Mr. Speaker, I'm told that the Senate Amendments aren't all printed. So, if we could take this out of the record until that's accomplished, I would appreciate it."

Speaker Giglio

"Take the Bill out of the record, Mr. Clerk. Alright, take that Bill out of the record, Mr. Clerk, and Representative Turner is in the chamber, so we will go back to Senate Bills, Third Reading, and on that order appears Senate Bill 881. Representative Brady, you have a Motion Sir? Proceed." 3 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day

Brady

"To adjourn."

Speaker Giglio

November 4, 1993 "No. I thought you had a Motion..."

Brady

"To discharge."

Speaker Giglio

"To discharge a Bil1."

Brady

"Senate Joint Resolution 71 from Committee, please."

Speaker Giglio

"Any discussion? Hearing none, all those in...do you want to explain the Bill, or is this..."

Brady

"I'd very proudly explain the Bill, Mr. Speaker. The Bill is to congratulate one of the finer higher education institutions in the State of Illinois on 50 years of providing a high-level graduate school program. That university is Illinois State University, and I'm sure most of you knew that, and..."

Speaker Giglio

"That's fine. I think they realize that. All those in favor of the Motion...hearing none, leave is granted by the Attendance Roll Call. Representative Brady moves for the adoption of the Resolution. All those in favor, signify by saying 'aye'; opposed, 'nay'. In the opinion of the Chair, the 'ayes' have it. The Resolution is adopted. Further Resolutions?"

Clerk Rossi

"No further Resolutions."

Speaker Giglio

"Representative Weaver, for what purpose do you Weaver: rise Sir?" "Well, Mr. Speaker, I...with all the noise in the chamber here, I wasn't really sure what we just did. Did Representative Brady just adjourn ISU?"

Speaker Giglio

Speaker Giglio "Representative Brady, would you help your colleague."

Brady

"Absolutely not. How could we be avoid of such a high-quality, higher educational institution? That was simply to congratulate them in all of the productive work that ISU does and plays in this great state." 4 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 91st Legislative Day

Weaver

"Well spoken, and we agree."

Speaker Giglio

"Page three of the Calendar under Senate Bills, Second Reading, appears Senate Bill 433, Representative Turner. Mr. Clerk, what's the status report on 433?"

Clerk Rossi

"Senate Bill 433 has been read a second time. Amendments 1, 2, 3, and 4 have been adopted to the Bill. No Motions have been filed. Floor Amendment #5 is offered by Representative Flowers."

Speaker Giglio

"Representative Flowers. The Lady from Cook, Representative Flowers, on Amendment #5."

Flowers

"Mr. Speaker, Ladies and Gentlemen of the House, Senate Bill 433 was House Bill 21...oh, Amendment 5 was House Bill 2132...it was 2103, and the Governor amendatorily vetoed the Bill. Amendment #5 has the agreed language that the Governor put in, and I move for the adoption of Amendment #5 to Senate Bill 433."

Speaker Giglio

"Any discussion on the Amendment? Representative Wennlund."

Wennlund

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

Speaker Giglio

"Indicates she will."

Wennlund

"Representative Flowers, with the noise in the House, I didn't have a copy of this Amendment until just this second, and I did not hear at all, with the noise in the House, the explanation of Amendment #5, and I'd ask that you repeat that if you...if we could maybe have some order in here, we could hear your explanation."

Flowers

"Amendment #...Amendment #5 was House Bill 2103, and it amended the Parentage Act. You can now...if a parent wants to come back and claim his child after five years, he can do so. Right now, the law says you cannot do that after two years. So, we've extended it from 2 to 20 years. Amendment #5 is what the Governor amendatorily vetoed. 5 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 This is his language in this Bill."

Wennlund

"In this Amendment #5..."

Flowers

"In this Amendment."

Wennlund

"It's the Governor's Amendatory Veto language?"

Flowers

"Yes, it is."

Wennlund

"Okay. So, the original Bill, as written, and as it was amended by the Governor is incorporated into Amendment #5?"

Flowers

"You're absolutely right."

Wennlund

"And can you explain one more thing? To come back and claim a child, what do you mean? I'm sorry..."

Flowers

"Well, let's say for instance, in your younger age, you had a girlfriend, and your girlfriend did not tell you that she was pregnant by you, and 15 years later you discover this is your child. You may now want to claim this child. You may now want to leave your inheritance to this child."

Wennlund

"And seek visitation rights, and things like that?"

Flowers

"Yes. Well, not necessarily seek visitation rights, because the child could be 19. But what ever it is, you would be able to legally...if there's...if you are willing to comply with this Amendment, with the agreement, pay back your child support and all those other things, you can now become this child's legal guardian."

Wennlund

"And that applies to either the mother or the father, is that correct?"

Flowers

"Yes. It applies both ways."

Wennlund

"Okay. Thank you very much."

Speaker Giglio

"Further discussion on the Amendment? Hearing none, all those in favor of the Amendment signify by saying 'aye'; opposed, 'no'. The Amendment is adopted. Further Amendments?"

Clerk Rossi

"No further Amendments." 6 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993

Speaker Giglio

"Third Reading. Representative Steczo in the Chair."

Speaker Steczo

"Mr. Clerk, please read the Bill. Mr. Clerk, take Senate Bill 433 out of the record for the moment. Page five of the Calendar on the Order of Concurrence, appears House Bill 1479, Representative Lang."

Lang

"Thank you very much, Mr. Speaker. I move that we concur in Senate Amendments 1, 2, 4, and 5. Senate...the Senate should have tabled 1, 2, and 4. Senate Amendment #5 becomes the Bill. House Bill 1479, I guess makes me farmer Lang, for all of the great farmers in my district. It's a technical Amendment which changes a date for...for preparation of a remediation manual for agrichemical facilities from April 1, 1993, to July 1, 1995. This is an effort by the Illinois Department of Agriculture. It's supported by the Corn Growers Association and the Farm Bureau. I know of no opposition."

Speaker Steczo

"The Gentleman has moved that the House concur with Senate Amendments #1, 2, 4, and 5 to House Bill 1479. On that question, is there any discussion? The Chair recognizes Representative Black."

Black

"Thank you very much, Mr. Speaker. Can we go through this Amendment by Amendment with the Sponsor? There is some confusion as to what we're doing here, and can we just carefully go through with Representative Lang, I'd appreciate that if he's willing to do that."

Speaker Steczo

"Mr. Lang, would you be kind enough to explain each Amendment for Mr. Black."

Lang

"The only Amendment that operable is Amendment 5, because Amendment 5 becomes the Bill. It strikes 1, 2, and 4. All we have is Amendment 5, and Amendment 5 does two things. It makes a technical change in the Pesticide Act by 7 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 changing a date for which a manual needs to be prepared from April 1, '93, to July 1, '95. It also amends the Corn Marketing Act to specify that methods for conducting referendums as authorized by the Act, shall be in a manner determined by the director, rather than its specific geographic location. It's a Department of Ag. Bill, supported by the Farm Bureau, etc."

Black

"Thank...thank you very much..."

Lang

"And all the farmers in my district are very supportive of this particular Bill."

Black

"I heard from the farmer who...the one farmer who recently retired who lived in your district, and he's very appreciative of you sponsoring the Corn Marketing Act but Mr. Speaker, if I could, let me just go through and make sure, because there's still some concern. Senate Amendment, excuse me, Amendment #1 has been removed from this Bill, is that correct?"

Lang

"The...well, the Amendment becomes inoperable if we concur in all the Amendments, because Amendment 5 wipes out Amendments 1, 2, and 4. So, whatever was in Amendment 1 and 2 and 4, which some of that dealt with leaf burning, that's out of this Bill. All that's left in the Bill is Amendment 5, Representative Black."

Black

"Alright. So, in other words, Amendment 5, it's still early in the morning, bear with me here, Amendment #5 becomes the Bill."

Lang

"That is correct, Sir."

Black

"So, the fear of leaf burning in the state, that's all out of this Bill?"

Lang

"Yes, Sir. Fortunately, we've already put that Bill on the Governor's desk..."

Black

"Oh, that's right." 8 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day

Lang

"And we're awaiting his signature." Black: Lang: Black: forget. November 4, 1993 What has he "That's right. I...how quickly I done with that Bill by the way? Do you know? I've got leaves at home, I hope to get home this weekend." "I think you should burn them quickly." "I'll take that under advisement. Alright, then as I understand it, thank you very much, Representative. Mr. Speaker and Ladies and Gentlemen of the House, and I do appreciate Representative Lang's patience. Senate Amendment #5 becomes the Bill, as Representative Lang has indicated, it's pretty much agreed to by the Department of Agriculture, and it is an important Bill for the agricultural community of the State of Illinois. So, I am pleased to rise in support of Representative Lang's Motion on this legislation."

Speaker Steczo

"Is there any further discussion? There being none, the question is, 'Shall the House concur with Senate Amendments #1, 2, 4, and 5 to House Bill 1479?' All those in favor will signify by voting 'aye'; those opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 114 voting 'yes', none voting 'no', none voting 'present', and the House does concur with Senate Amendments #1, 2, 4, and 5 to House Bill 1479, and this Bill, having received the required three-fifths Constitutional Majority, is hereby declared passed. On the Order of Third Reading, appears House Bill 433... Senate Bill 433. Mr. Clerk, please read the Bill."

McLennand

"Senate Bill #433, a Bill for an Act to amend the Illinois Human Rights Act. Third Reading of the Bill."

Speaker Steczo

"The Chair recognizes Representative Turner on 9 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day House Bill 433... Senate Bill 433. November 4, 1993 Representative Turner."

Turner

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #... Senate Bill 433 has about..."

Speaker Steczo

"Mr. Turner, hang on just one second. Mr. Clerk, what's the status of Senate Bill 433?"

McLennand

"The Bill was held on Second Reading."

Speaker Steczo

"Third Reading. Mr. Clerk, could you read the Bill again on Third Reading."

McLennand

"House Bill #433, a Bill for an Act to amend the Illinois Human Rights Act. Third Reading of the Bill."

Speaker Steczo

"The Chair recognizes Representative Turner on Senate Bill 433."

Turner

"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. Senate Bill 433 has about five Amendments on it. It is a Bill which does the following things: Amendment #1 is the Governor's Amendatory Veto language for House Bill 1162; Amendment #2 deals with the Criminal Justice Information Authority, and allows them to be able to receive and disburse monies: Amendment #3 is House Bill 2168, Representative Biggert's Bill; and Amendment #4 or Amendment #5 is the Amendment that we just heard Representative Flower's Amendment which deals with the time period for which paternity can be proven in a child paternity case, and I move for the favorable adoption of Senate Bill 433."

Speaker Steczo

"The Gentleman moves for the passage of Senate Bill 433. On that question, is there any discussion? The Chair recognizes Representative Wennlund."

Wennlund

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

Speaker Steczo

"He indicates that he will."

Wennlund

"Thank you. Representative, you had mentioned that one of the Amendments was House Bill 2168. Can you tell me 10 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day what was 2168?" November 4, 1993

Turner

"I will yield to Representative Biggert. It was her Bill, and she's in the chamber if she would explain 2168."

Speaker Steczo

"Representative Biggert."

Biggert

"Thank you, Mr. Chairman and thank you, Representative Turner. Amendment #4 is House Bill 2168 which amends the Criminal Identification Act to require an arresting agency to report a decision not to refer an arrest for prosecution to the Department of State Police, and the state's attorneys are authorized to enter into arrangements with other agencies, particularly the Clerks of Courts, in order to furnish the necessary information to report those to the State Police, and the Amendatory Veto provided that in order for them to do that, they needed the approval of the Department of the State Police. So, this includes the Governor's recommendations for that change."

Wennlund

"Thank you very much, and Amendments #1 and 2, can you tell me the difference between those two Amendments?"

Turner

"Come again."

Wennlund

"Five Amendments have been adopted to the Bill."

Turner

"Right."

Wennlund

"Can you tell me what Amendments 1 and 2 do and how they differ?"

Turner

"I'm going to yield to Representative Kaszak to explain House Amendment #1 and 2. Representative Kaszak."

Kaszak

"Mr. Speaker. Representative Wennlund, this as I explained last week, Amendments 1 and 2 incorporate the Amendatory Veto of Governor Edgar to House Bill 1162. The first Amendment went through and had an immediate effective date on it, so we then passed Amendment #2 which is identical to Amendment #1 except it eliminated the immediate effective date, and I...we explained that last 11 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 week, and you had no objection at that point."

Wennlund

"This was...this was supported by the Illinois Bar Association?"

Kaszak

"It's supported by everybody I know."

Wennlund

"Very good. Thank you. One more question, Amendment #3, what does that do?"

Turner

"I will yield to Representative Kaszak."

Speaker Steczo

"Representative Kaszak." Kaşzak: "Mr. Speaker. Representative Wennlund, the Amendment #3 deals with the Criminal Justice Information Center, and it's a technical Amendment, not controversial. It allows the Authority or the Center to receive and to expend by appropriation funds not only state, but federal and private funds."

Wennlund

"I recall. Thank you very much. Thank you very much."

Speaker Steczo

"Is there any further discussion? There being none, Representative Turner to close."

Turner

"Thank you, Mr. Speaker and Ladies d Gentlemen of the chamber. I just move for the favorable adoption of Senate Bill 433. You've heard the Amendments explained in its entirety, and I just move that we support Senate Bill 433."

Speaker Steczo

"The Gentleman has moved for the passage of Senate Bill 433. The question is, 'Shall this Bill pass?' All those in favor will signify by voting 'aye'; those opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question there are 114 voting 'yes', none voting 'no', none voting 'present', and Senate Bill 433, having received the required three-fifths Constitutional Majority, is hereby declared passed. Representative Granberg in the Chair."

Speaker Granberg

"You wish, Representative Black. Ladies and 12 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 Gentlemen of the House, Representative Stephens and Senator Watson are here. If the Clerk could read the Resolution. Frank Watson, remember him Tom?"

McLennand

Clerk McLennand: "House Joint Resolution #81 offered by Representative Stephens and Granberg. WHEREAS, The Mater Dei men's golf team won the Class A State Golf Tournament this year; and WHEREAS, Coach Dennis Trame encouraged and supported the team, which is made up of Phil Boeckmann, Phillip Moss, Pat Hawthorne, Doug Kruep, Matt Kueper, and Jeremy Kampwerth, with alternates, Ted Albers and Travis Lewis; and WHEREAS, The Knights won or shared four tournament titles this year and won nearly every match; and WHEREAS, The players were cheered on by Principal Curt Winter, who had seen four of the Mater Dei seniors compete since their freshman years; and WHEREAS, Mater Dei led after the first round of the tournament with a 316 score, with Normal University High and Monmouth tied for second at 330; and WHEREAS, The members of the Mater Dei High School men's golf team worked hard all season and deserve their victory; 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 congratulate the men's golf team of Mater Dei High School on winning the Class A State Golf Tournament, commend them for their good sportsmanship and dedication, and wish them all well in their future careers; and be it further RESOLVED, That suitable copies of this preamble and resolution be presented to the members of the team, Coach Dennis Trame and Principal Curt Winter. Adopted by the House of Representatives on October 26, 1993."

Watson

"Thank you, Mr. Clerk. Ladies and Gentlemen, I am particularly proud to be here with this group to day, 13 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 because this is my high school and where I graduated from believe it or not, so they assume some responsibility, but it is a great tradition, and they are now the state champs, but to go back a little further, they have kept on a great on a great tradition, and let me introduce a mutual friend of ours who is the captain of the very first golf team at Mater Dei, our good friend 'Mr. Jim Tearney', the governmental relations expert for the Illinois State Medical Society. He started this grand tradition, 'Jim Tearney'. They've improved somewhat since then, and I'd also like to introduce the second captain of that golf team, Kurt Granberg, and they have certainly improved since then. So, these guys have done a great job, and they're...I think they're a tribute to us, and certainly to me and my area and to Jim and to all of us, and we're certainly proud to have them here."

Stephens

"I'd like to take this opportunity to ask Dennis Trame, the coach of the team to step forward and introduce his players, and say a few words."

Coach Dennis Trame

"Thank you. We're very honored to be here today. We especially want to thank Ron Stephens, Kurt Granberg, and Frank Watson for inviting us down, and we understand that Kurt Granberg is still taking lessons from many of these young men. So, he's continuing as he said, learning the game of golf. I'd like to introduce first of all the Principal of Mater Dei High School, Mr. Curt Winter. We also have one of the fathers with us Paul Keuper is out here in the gallery taking pictures. First of all, I just want to mention that over the past two years, these young men have compiled a record of 30 wins and 4 losses. Last year, these same individuals finished 9th in the state, and they had a very successful season 14 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 this year, winning the Midstate Conference Regional Golf Title, 3rd in the Sectional, and the Class A State Championship. So, they deserve a lot of credit for their hard work and their efforts over the past several years. The players I have with me today are four seniors and two juniors. Our seniors are Phil Boeckmann. Okay, we have senior Jeremy Kampwerth, senior Doug Kruep, and senior Matt Keuper. Our juniors this year, Pat Hawthorne, and Phillip Moss. I might indicate these young men all shot very well throughout the entire year. Four of these young men averaged under 40 strokes for the entire season. Actually, four of them under 39 and two at the 41, 42 mark. So, they did an outstanding job, and again I'm very honored to be here with these young men, and we appreciate your having us down here...up here, excuse me." Granberg (?): "'Jim Tearney' wants to introduce several Bills having to do with reform of the statues. I don't know that we ought to let him to the microphone, but maybe he could just say a brief word about that first golf team. Jim, this is a chance of a lifetime here."

Tearney

"Only briefly, the first golf team of Mater Dei consisted of about six players, none of which ever shot under 40 in any given round, including myself or Kurt. Nonetheless, we had a great time, and they...I'm very proud to see my alma mater come forward and finally win the state championship. Congratulations guys."

Speaker Steczo

"Representative Steczo in the Chair. Page two of the Calendar under Senate Bills, Third Reading, appears Senate Bill 881. Representative Turner. Representative Turner moves that Senate Bill 881 be moved back to the Order of Second Reading for the purposes of Amendments. Are there any objections? There being no objections, leave 15 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 is granted. Mr. Clerk, are there any further Amendments?"

McLennand

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

Speaker Steczo

"The Chair recognizes Representative Saltsman on Amendment #9."

Saltsman

"Yes. Thank you, Mr. Speaker. Amendment #9 is part of our School Code which in 1970 the Illinois State Constitution removed the upper age limit for free educations to secondary completion for all citizens of Illinois. The attempt to transfer governance of adult education to the Illinois Community College Board has been overwhelmingly defeated five times in the Illinois General Assembly in the last two years, as recently as 1993. These students are non high school graduates who need an elementary certificate, a GED, and English as a second language certificate, a basic skills education for employment, not a community college education. In Illinois FY '92, 74% of students who served under the Illinois State Board of Education programs entered as basic students with reading levels of grade 8.9 or lower. The reason that I am interested in this program is because in Peoria, the Illinois State Board of Education in our school district runs a very honorable, well worth program in adult education. I spoke to people in Springfield, Danville, all over this state that know that we do not want to circumvent the intent of this General Assembly in what we voted on by allowing this money to be transferred into the junior college system. We want to keep our programs as they are, give the people the education that they need, and why I am worried about this as a downstate Legislator, if they do it there, they'll come back into Decatur and all of our areas and try to do the same thing downstate. I don't want this 16 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 to spread. It's been soundly defeated five times in the Illinois General Assembly, and all this does is secure a good program, a good program for the City of Chicago. It takes care of our public aid students who cannot communicate with the junior college program. It takes care of our transportation and programs which public aid students, which this is mostly designed for, can benefit by. So at that, I ask for passage of Amendment #9."

Speaker Steczo

"The Gentleman has moved for the adoption of Amendment #9. On that question, is there any discussion? The Chair recognizes the Gentleman from Coles, Representative Weaver."

Weaver

"Thank you very much, Mr. Speaker, Ladies and Gentlemen. I rise in support of the Gentleman's Amendment. What the Chicago Board of Education is attempting to do, is to transfer illegally, adult education from the city school to the community college, the city colleges in Chicago. Now, whether or not they want to provide adult education, that's their business, but they cannot legally transfer this, and what they're attempting to do is to sidestep this General Assembly in moving adult education. The city colleges have neither the facilities nor the ability to take this over, and I think the Gentleman's Amendment ought to pass with an overwhelming vote."

Speaker Steczo

"Representative Skinner."

Skinner

"Mr. Speaker, I am happy to be able to stand and talk about the Chicago school crisis. I thought we were never going to get to it. We hardly mentioned it for the last three weeks, and I thought that was part of the reason we were here. We had the chairman or the president of the Chicago School Board come before our group and say that transferring this adult education from the Chicago school 17 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 system to the junior college system would save the Chicago school system $2 million. Now, those of you who are tempted to vote in favor of this, I ask you, where are you going to get that $2 million? I can tell you, I'm going to fight like hell to make sure it doesn't come out of the taxpayer's pockets in my district."

Speaker Steczo

"The Chair recognizes Representative Leitch."

Leitch

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I too rise in support of this very good Amendment. We have a very, very well structured and effective adult education program in District 150 and Peoria, and I know throughout other districts in downstate, and it's important that this measure pass, and I'd like to urge Members to put on a green light."

Speaker Steczo

"Representative Currie."

Currie

"Thank you, Speaker and Members of the House. I rise in support of Amendment #9. The Chicago Board of Education has run very effective programs, adult ed. programs for grown-ups in the Chicago system. One of the things that is special about those adult ed. programs is that they are not geared only to the next job, the day after tomorrow. row. They are programs aimed at the whole person. In fact, many of those programs operate the adult ed. component in conjunction with the class work that the children of those grown-ups are involved in. There is a mission statement that has to do with education of the whole person, that's not what the community college program is about, and for those people who are currently...have been served by the Chicago Board of Education adult ed. programs, there's no question in my mind that the community college mission will not be appropriate. I applaud Representative Saltsman on introducing this language, and I hope that my colleagues 18 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 will join me in supporting his effort."

Speaker Steczo

"Representative Monique Davis."

Davis

"Thank you, Mr. Speaker. I rise in support of the Gentleman's Amendment for the simple reason that in the Education Appropriation Committee, the initiative to remove all adult education came before that Committee approximately five times, and each time, it was rejected. The Chairman of the Committee sent a letter of request to the board that was not responded to, and I believe that Representative Saltsman has an excellent idea as to the success of those programs, and I don't think we should kill off success. Thank you. I urge an 'aye' vote."

Speaker Steczo

"Does anybody rise in opposition to the Amendment? All those in favor of the Amendment will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"

McLennand

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

Speaker Steczo

"The Chair recognizes Representative McGuire on Amendment #10. The Chair recognizes Representative Brunsvold on Amendment #10."

Brunsvold

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #10 takes out, not with my well wishes by the way, takes out the parental expansion that was in Senate Bill 159. So, now the Bill as it was...is presented will not contain the expansion of the parental program, and will simply leave the law as it is presently in statute."

Speaker Steczo

"The Gentleman has moved for the adoption of Amendment #10. All those...is there any discussion? The Chair recognizes the Gentleman from Kankakee, 19 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 Representative Novak."

Novak

"Yes, Mr. Speaker. Will the Sponsor yield?"

Speaker Steczo

"He indicates that he will."

Novak

"Joel, just for the record, the expansion of the intervention program or the...at risk program for the pre-adolescents, that's in there right? But the expansion of the program from K through 12 is out? That's been deleted? Okay. But the existing program is not effected by it. That's still in existence. This has no way it harms this program at all? Okay."

Speaker Steczo

"Representative Brunsvold."

Brunsvold

"Representative Novak is correct. It takes out that K through 12 expansion and leaves it as is presently in law, and it also leaves all the other provisions of 159 in there, the grant programs that were essential for the State Board of Education, and so I think with this Amendment, we have removed a lot of the controversy dealing with Senate Bill 159."

Speaker Steczo

"Is there any further discussion? The Chair recognizes the Gentleman from Lake, Representative Salvi."

Salvi

"Thank you, Mr. Speaker. If I could ask the Sponsor to yield for one question."

Speaker Steczo

"He indicates that he'll yield."

Salvi

"Representative, am I correct in looking at your Amendment, am I correct in saying that this Amendment means that the expansion of the parenting program is completely out?"

Speaker Steczo

"Representative Brunsvold."

Brunsvold

"Yes, you are correct, Representative."

Salvi

"Okay. I just want to indicate to those who opposed this...Senate Bill 159 originally, that I've had a look at this Amendment, and that I fully support this Amendment in 20 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 light of...in light of the fact that the expansion of the parenting program which was originally in Amendment #3 to Senate Bill 881, that is being completely eliminated, and I intend to vote 'yes' on this. Thank you, Mr. Speaker."

Speaker Steczo

"Is there any further discussion? The Chair recognizes Representative Black."

Black

"Thank you very much, Mr. Speaker. My questions have been answered. I just commend the Sponsor for taking out language that is...seems to have become very controversial and by taking that out, I think we have a Bill with some good substance to it that we can move. So, I appreciate the Sponsor's work on this Amendment."

Speaker Steczo

"Is there any further discussion? There being none, all those in favor of the adoption of the Amendment will signify by saying 'aye'; those opposed by saying 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"

McLennand

"Amendment #11, offered by Representative McGuire."

Speaker Steczo

"The Chair recognizes Representative Brunsvold to handle the Amendment."

Brunsvold

"Thank you, Mr. Speaker, Ladies and Gentlemen. Amendment #11, is cleanup language dealing with public notice seven days before a school district has a hearing on whether to issue fire prevention and safety bonds. I think it's agreed on both sides of the aisle, and would ask for the adoption."

Speaker Steczo

"The Gentleman has moved for the adoption of Amendment #11. Is there any discussion? The Chair recognizes Representative Wennlund."

Wennlund

"Thank you, Mr. Speaker. Inquiry of the Chair. If the Chair could please ask the Clerk to tell us what 21 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 Amendments, since we started with nine, for some reason, my file doesn't indicate what happened to one through eight, can the Clerk tell us which Amendments were adopted?"

Speaker Steczo

"Mr. Clerk, could you answer Mr. Wennlund's inquiry?"

McLennand

"Amendments #1, 2, 3, 4, 5, 6, 7, and 8 were adopted."

Wennlund

"All eight Amendments were adopted?"

McLennand

"Yes."

Wennlund

"Thank you very much. Thank you."

Speaker Steczo

"Is there any further discussion on Amendment #11? There being none, all those in favor of the Amendment will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"

McLennand

"Floor Amendment #12, offered by Representative Giglio."

Speaker Steczo

"The Chair recognizes the Gentleman from Cook, Representative Giglio."

Giglio

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. What Amendment #12 does, it puts back private enterprise into... into the business of teaching people how to drive. So, these children that drop out of school that need education to get their driver's license can go to these schools and get their regular education so they can have their driver's license."

Speaker Steczo

"The Gentleman has moved for the adoption of Amendment #12. Is there any discussion? The Chair recognizes the Gentleman from Sangamon, Representative Curran."

Curran

"Thank you, Mr. Speaker. I rise in opposition to Amendment #12. You have just heard the Gentleman explain 22 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 that Amendment #12 deals with private institutions. Actually, Amendment #12 mentions nothing about private institutions. It simply deletes that portion of the Bill earlier amended that would require students to stay in school to get their driver's ed. until they're age 18. If they drop out before age 18, they would not be able to get free driver's education from the high school, and they would have to go about getting their education, driver's education otherwise. This significant part about this, is that in just a little way, what this Amendment...what this Bill does now that this Amendment is trying to strike, is that this Bill now helps kids stay in school and says that your education is more important than your driver's license, and I think that we've dealt with this issue last week when Representative Davis tried to do the same thing that Representative Giglio is now trying to do, and we soundly defeated that Amendment, as we should soundly defeat this Amendment. The Illinois Education Association is working against this Amendment, and I think common sense works against this Amendment."

Speaker Steczo

"The Chair recognizes the Gentleman from Grundy, Representative Weller."

Weller

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I join Representative Curran rising in opposition, a bipartisan opposition to this Amendment. We dealt with this issue last week when a big majority of this House rejected Motion to table the Amendment that this Amendment deletes. Education organizations such as the Illinois Education Association oppose this Amendment. This language is an attempt, frankly, to interfere with legislation that was already passed by the General Assembly last year. You have to remember, the exception that the 23 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 Sponsor of this Amendment is trying to push for has already been granted to the superintendent of the local school. He or she already has the authority to grant a waiver to that student if he or she drops out of school. Choice is, do we want to encourage people to drop out or do we want to keep them in school. If you want to keep kids in school, which is the basic requirement for a job, what's that a high school diploma, you want to vote 'no'. Mr. Speaker, I ask for a Roll Call Vote on this Amendment."

Speaker Steczo

"The Chair recognizes the Gentleman from Macon, Representative Dunn."

Dunn

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I reluctantly rise in opposition to the Amendment. I have great respect for the Sponsor of the Amendment and for his perspective, because underneath it all, I think we should not have passed the basic legislation which gives rise to this issue. However, I did lose that battle, and now we have legislation on the books that says if you drop out of school, you cannot drive. To be consistent, we should defeat this legislation, because the net effect of this Amendment would be that if you drop out of school, you can drive if you go to a commercial driving school. This is a double whammy. It defeats the purpose of the legislation which is the policy of the State of Illinois at this time, and of course it attacks the tenure and the seniority and the livelihood of those who teach adult education in our schools. So, if we're going to encourage children to stay in school and learn driver's education that way, if we're going to say if they drop out, they can't drive we ought to mean it. So, we should defeat this Amendment."

Speaker Steczo

"The Chair recognizes the Gentleman from 24 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day Vermilion, Representative Black."

Black

"Thank you very much, Mr. Speaker. November 4, 1993 Will the Sponsor yield? Representative, Representative Giglio, if you could clarify one point for me, and I'm sure it's already been mentioned, but it's so noisy in here, it's very difficult to hear. Does Amendment #12 delete all reference to what happens to a student who drops out of school at the age of 16 and then that student...can that student then go back to that high school to take driver education or does this Amendment simply delete all reference to driver education and a dropout at the age of 16?"

Giglio

"My intention and my understanding of what this does, Representative Black, it just says that if a student drops out of school and wants to get a driver's license, he can go to private enterprise, a business person who has a driving school and get the education where these people will teach him how to drive. What it does, it doesn't...it takes away, my understanding, it takes away the requirement that they had to have those eight hours in school or whatever that school curriculum has, but when they're out of school, they have to learn how to drive someplace, and these people that have these businesses want to teach these children how to drive, and I would say to the Body and to you, Representative Black, that I don't think children drop out of school just to go get a driver's license, and if they have to be punished, I think that's not right. We're trying to keep private enterprise going, and if a student wants to drop out of school for some reason, that's their business, but we want people on the highway that have courses, and that will drive safe, and what this does is give the opportunity for those students to go to a private school and get the training they need." 25 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 91st Legislative Day

Black

"Okay. I...what I'm having difficulty with is that there's probably more area in the State of Illinois without private driver's training businesses than there are with them. I don't know of any in my district. We just don't have enough people in a compact area generally to support that kind of a business. So, what I'm trying to figure out in my mind, is if a student in a rural area has to drop out of school or thinks he or she has to drop out of school, as I recall, I thought the school code prior to all of this said that if that student wants to go back and take driver education, the school would have to take that student if space is available, and I'm just wondering that doesn't impact what used to be or..."

Giglio

"My understanding, this has no effect on that at all."

Black

"Okay. Thank you very much, appreciate your patience."

Speaker Steczo

"The Chair recognizes the Lady from Cook, Representative Shirley Jones." Jones, S.: "Yes, Mr. Speaker and this is to...Curran and Giglio, if my child is going for a GED, and they go to the YMCA that eliminates them from getting a driver's license? That would eliminate them from getting a driver's license. They're still going to school, but they're not going to a public school or a catholic school, they're going to a 'צ', a boys club that has the program for a GED. You mean to tell me they cannot get a driver's license? Now, my child goes...she dropped out of school, she goes...a parent can sign for their child for 16 years old to get a driver's...permit. She dropped out of school, she still has her ID, she goes to the Secretary of State to get her driver's license, how does the Secretary of State know this child dropped out of school? They don't. The child has been punished with the GED. That person that drops out of 26 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 school still can get a driver's license, because the Secretary of State does not know that this kid dropped out of school. You do not have that in the Bill. What you need to do is take both of these Bills out and do some work on them. Can anyone answer that for me?"

Speaker Steczo

"Representative Giglio. Representative Giglio."

Giglio

"I don't know what...what your intention is, Representative Jones, but this has nothing to do with them dropping out, but I would assume that you know, you'd be with me on this, because it gives everybody..." Jones, S.: "I am with you, Representative."

Giglio

"...an opportunity whether they're in school or out of school. Okay. Thank you."

Speaker Steczo

"The Chair recognizes the Lady from Cook, Representative Parcells."

Parcells

"Thank you very much, Mr. Speaker. Ladies and Gentlemen, I rise in bipartisan support of this very fine Amendment. It would be wonderful if we lived in an ideal world where every child went to school until they were 18, and perhaps even on to college and get their master's degree. Wouldn't that be wonderful? But some of these kids can't go on to school. They're trying to help with family support, they have to drop out of school. Our own law in the State of Illinois says you have to go to school until you're 16. We haven't made it a law that they have to go to school until they're 18. So, they drop out at age 16, and now they need a job, and in order to get a job, they have to drive, and for us to say that they can't take driver's ed. either at the school or from a private driver's education facility, is outrageous. They should be allowed to drive for our own safety, to make those of us on the road safe. We should...because we want them to be able 27 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 to be good drivers when they're on the road, and they may have to have this work, and this is over and above what we're doing to the private community, those people who have driver's ed. schools. The Chamber of Commerce is very much in support of this Bill, as are the other business groups, and I encourage an 'aye' vote on Amendment #12."

Speaker Steczo

"The Chair recognizes the Lady from Cook, Representative Davis. Monique Davis."

Davis

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

Speaker Steczo

"He indicates that he will."

Davis

"Representative Giglio, does this legislation prevent a parent from encouraging or making his or her child get a high school diploma?"

Giglio

"This has no intent to do any such thing. This is just to allow the people who have the schools...in case the student drops out, to go there and get the proper training so they can be prepared to get a valid driver's license."

Davis

"Representative Giglio, what do you think driver's education does for a student? I mean, what do you think he gains from driver's education or what does the public gain from a student having had driver's education?"

Giglio

"Well, it works both ways. It helps the student become a better driver by having the education he needs to go out on the highway, and it makes our highway safer, because these students and these people have an education to learn how to drive, whether it's at school or private enterprise. So, it benefits all of us, safety on the highway."

Davis

"Representative Giglio. As you travel up and down I-55, and you look at that truck or car whizzing by you, do you want to see a sign on that truck or car that says, 'I have a high school diploma', or do you want to feel that this driver has had education and training in learning the 28 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 91st Legislative Day safety rules of the road?"

Giglio

"Well, I don't want to see anybody advertise...advertisement whether they're at school or not, that's their business, but I want people when they pass their test to get their driver's license, that they be trained, and they can be trained in school, and they can be trained by private enterprise with these people who meet the curriculum and help these people prepare them to take their test."

Davis

"Thank you, Representative. To the Bill, Mr. Speaker. Government cannot be the mothers and fathers of children. As much as we may want to be the mothers and fathers of children, we're just not that. Our role should be to make it safe for as many people as possible. Our role should be to see that people who are driving up and down these highways have learned as much about safe driving and safety rules as possible. Very soon, there will be ice and snow on the highway. A person might have a driver's license, but he might not have learned that it takes so many feet to brake if you're traveling at a certain speed. The kinds of things that are taught in a driver's education class are not frills, they're not christmas presents. These things are taught in a driver's education class to protect society. To make sure when my mother or your mother is crossing the street that that driver knows that he better hit those brakes in a certain way and at a certain time based upon the speed he's traveling. That driver should also know if his car is going out of whack for some reason, what do you do with that steering wheel? These are the things that you learn in a driver's education class. Now, for that parent who wants to encourage his or her child to get an education, do other things mothers and fathers. 29 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 Don't expect government to be your child's parent. Say to your child, yes we have a 1993 Buick, Chevrolet, Cadillac, but you won't drive it if you don't have a high school diploma. It is archaic. It is archaic to try and tie learning how to drive safely with getting a high school diploma. We need to feel safe on the highway. We owe it to the public to make sure that everybody who we can train to drive safely, that we do it. Parents, you be the one to motivate your children to finish high school. Government cannot be the mothers and fathers of these children. I urge..."

Speaker Steczo

"The Chair recognizes the Gentleman from Cook, Representative Lang."

Lang

"Thank you, Mr. Speaker. I rise in support of Floor Amendment #12. As I said when we debated this previously, the courts in this state have held over and over and over again in as many cases as you can count, that school and driving privileges have no relation whatsoever. They have no relationship whatsoever. Everybody wants kids to stay in school, but this is not the carrot that's going to do it. You may keep a few fringe kids in school by this...by the original Amendment on this Bill, but do you want them in school if they're only there because they need their driver's licenses? They're going to be disruptive, they're going to ruin education for other kids. In fact, if we're going to do what the previous Amendment suggested, we'd be better off going the other way. We'd be better off requiring high school dropouts to get driver's education, because if they're going to be out in our communities, and if they're going to be getting jobs, and if they're going to be getting around, we should make sure they know how to drive. So, it would be better to require driver's 30 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 education rather than to prohibit driver's education. Let's not pass a Bill that has unconstitutional provisions in it on its face. It does not make any sense. It is not good public policy. We should be encouraging people to drive safely on the roads, whether they're high school dropouts or not, and I urge very strongly an 'aye' vote."

Speaker Steczo

"The Chair recognizes the Gentleman from Cook, Representative Bugielski."

Bugielski

"Thank you...thank you, Mr. Speaker, Members of the House. I rise in opposition to Amendment #12. Here we go again. We're here trying to get students to stay in school, and if they drop out of school, all we want to do is reward them. Give them a reward. Let them go and take the driver's ed. If they want to drive, let them stay in school until they're 18. If they drop out, let them wait until they're 18 for them to go and take their driver's classes. All I feel is all we're doing now is rewarding the dropouts again. Instead of trying to keep the students in school, here we go, reward them. I urge a 'no' vote."

Speaker Steczo

"The Chair recognizes the Gentleman from McLean, Representative Brady."

Brady

"Will the Sponsor yield?"

Speaker Steczo

"He indicates that he will."

Brady

"Would...a clarification, if a individual was enrolled in a GED course, are they a dropout or not? If a individual was enrolled in a GED course, would they be considered a dropout or not?"

Giglio

"They're in school. No, in my judgement they're not...they're not a dropout."

Brady

"Is that a legal definition or..."

Giglio

"Well, that's...that's a plumber's definition, and I...it's my own interpretation." 31 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993

Speaker Steczo

"Is there any further discussion? There being none, the question is, 'Shall this Amendment be adopted?' All those in favor will signify by voting 'aye', those opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? The Chair recognizes the Lady from Cook, Representative Murphy, to explain her vote." Murphy, Μ.: "Yes, thank you, Mr. Speaker. To explain my 'yes' vote, once again we can allow private enterprise...if some child fails or drops out of school and then wants to get a license, they can go to those small driving schools in your community and pay in order to get their license. It is my understanding from across the rotunda that the Senate has insisted on this provision in this Amendment. So, I join Representative Giglio in a 'yes' vote on this. Please reconsider your 'no' vote. Thank you."

Speaker Steczo

"Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 29 voting 'yes', 83 voting 'no', 1 voting 'present'. The Amendment fails. Any further Amendments, Mr. Clerk?"

McLennand

"No further Amendments."

Speaker Steczo

"Third Reading. Page three of the Calendar on the Order of Senate Bills, Second Reading, appears Senate Bill 1037. Mr. Clerk are...please withdraw Amendments 3 through 10. Are there any further Amendments?"

McLennand

"FLoor Amendment #2 offered by Representative Kubik."

Speaker Steczo

"Mr. Kubik, did you want to proceed with Amendment #2 to this Bill?"

Kubik

"Withdraw Amendment #2."

Speaker Steczo

"Withdraw Amendment #2. Mr. Clerk, withdraw 32 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 Amendments #3 through 10. Are there any further Amendments?"

McLennand

"Floor Amendment #11, offered by Representative Turner."

Speaker Steczo

"The Chair recognizes Representative Turner on Amendment #11."

Turner

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #11, simply makes this a shell Bill, deletes the original Bill and makes technical revisions to...in order...the following Amendments, the ones subsequent to the...#11, to be a bipartisan Bill that is supported by all, and I move for the adoption of Amendment #11 to Senate Bill 1037."

Speaker Steczo

"The Gentleman moves for the adoption of Amendment #11. Is there any discussion? There being none, all those in favor of the adoption of the Amendment will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it. The Amendment is adopted. Any further Amendments, Mr. Clerk?"

McLennand

"Floor Amendment #12, offered by Representative Homer."

Speaker Steczo

"Representative Homer on Amendment #12. Representative Granberg on Amendment #12."

Granberg

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Representative Homer had this Amendment he asked for me to speak on its behalf, since he is not on the floor. It merely provides a $10 domestic violence courtroom fee that would be deposited in the Domestic Courtroom Advocacy Fund. It received broad based support, and I'd be more than happy to answer any questions."

Speaker Steczo

"The Gentleman has moved for the adoption of Amendment #12. On that, is there any discussion? The 33 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 Chair recognizes the Gentleman from Vermilion, Representative Black."

Black

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

Speaker Steczo

"He indicates that he will."

Black

"Representative, if my memory serves me correctly, we tried to do this, I don't know, two or three years ago, and at that time I think we put a fee on marriage licenses, and I think the Supreme Court ruled that unconstitutional, saying that there...we could show no relationship between a fee on a marriage license and domestic violence. I'm generalizing, I don't remember, but I do recall we've tried this before, and I just wonder if, in fact, Amendment #12 is drafted in such a way that it will meet the constitutionality requirement. I'm all for the underlying domestic violence fund, I just wonder if this fee won't run into some kind of court problems, like we did before."

Granberg

"Well, Representative, that can certainly be the case, as it is with anything here, but there seems to be more of a nexus, since it would be a domestic violence courtroom advocacy fee. So, that would be filed on a petition to dissolve a marriage. So, it seems like there would be a much better or much broader correlation between the fee and the action itself."

Black

"Alright. So, in your learned opinion, there...it...this might pass must or based on the fact that perhaps there would be, what did you say, nexus? I thought that was a par..."

Granberg

"Rep...we do a lot of constitutional law in Carlyle, Representative Black, just like you do in Vermilion County."

Black

"I have heard that. It's a regular hot bid of 34 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 constitutional law. It's kind of like down in Teutopolis where we get the school funding messages, but I'll certainly defer your legal expertise on this question."

Granberg

"I appreciate that, thank you."

Black

"And I'll also refer all constituent calls on the fee to you as well."

Speaker Steczo

"Does anybody rise in opposition to this Amendment? There being no further discussion, the question is, 'Shall the Amendment be adopted?' All...all those in favor will signify by saying 'aye'; those opposed by saying 'no'. The Amendment is adopted. Any further Amendments, Mr. Clerk?"

McLennand

"Floor Amendment #13, offered by Representative Black."

Speaker Steczo

"The Chair recognizes Representative Black on Amendment #13."

Black

"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I call your attention to this Amendment. There is a substantial increase in fees that affect the Realtors in the State of Illinois. Now, first of all, let me tell you that the Illinois Association of Realtors support this legislation. I have called back to my district and talked to our executive director of the area Board of Realtors, to say that they're happy with it would not be the truth, but what we have here is a case in the Department of Professional Regulation where they are regulating 43,000 real estate sales persons, and 26,000 real estate licensed brokers, and the fund that enables them to process these applications is out of money. So, the Realtors have agreed to this fee increase in order that the department can regulate and give their licenses back in a timely fashion, and that's the only reason they support 35 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 it, and I would answer any questions that you have, but let me tell you this only affects basically brokers, or SO was told. I didn't think there was a fee increase in here for sales persons, but I...now see that it is, but I'd be glad to go over the amount of fee increases and answer any questions that you have."

Speaker Steczo

"The Gentleman has moved for the adoption of Amendment #13. On that question is there any discussion? The Chair recognizes the Lady from Cook, Representative Maureen Murphy." Murphy, Μ.: "I'd like to point out that there's...it's not about what the real estate agents will be paying. More to the point, with the Department of Public Regulation, it is my understanding that monies were taken from various funds in order to run the department. So while we have before us an increase for licensed sales people, this will be shortly follow next spring with increases possibly in the other professions such as dental, beauticians, et cetera. The real cure to this would be about budgeting the appropriate amount of money for the Department of Public (sic-Professional) Regulation. And all of us that have had legislation to regulate more and more professions, gemologists, geologists, et cetera, had better take notice that they are using funds to run the Department of Public (sic-Professional) Regulation that were dedicated for another purpose. In short, the Department of Public (sic-Professional) Regulation cannot regulate anymore people or businesses without turning and using dedicated funds with which to run the office. So I caution people on the increases, on the fee increases of any kind, because those increases are directly to run the office of the Department of Public (sic-Professional) Regulation. So, I 36 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 caution. Please look at this. It doesn't mean the realtors are for it. The realtors are...Greg St. Aubin and the Realtors Association are conceding this one. But back home, all these fees will be absorbed by a lot of people and it has jeopardized the dedicated funds for which it was intended."

Speaker Steczo

"Is there any further discussion? There being none, all those in favor of the adoption of the Amendment will signify by saying 'aye', those opposed by saying 'no'. In the opinion of the Chair the 'ayes' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"

Clerk Rossi

"Floor Amendment #14, offered by Representative Dunn."

Speaker Steczo

"The Chair recognizes Representative Dunn on Amendment #14."

Dunn

"Thank you Mr. Speaker, Ladies and Gentlemen of the House. Amendment #14, is an Amendment that is the result of some negotiations, and I...it's my understanding that everything is worked out. I urge adoption of the Amendment. What this does, is it enables the county clerks downstate to generate a few dollars in fees for computerizing their records; and it increases the cost of a marriage license 15 to 20 dollars. I ask for adoption of the Amendment."

Speaker Steczo

"Is there any discussion on the Amendment? The Chair recognizes the Gentleman from DeKalb, Representative Wirsing. Representative, did you have a question or comment on this Amendment? Your light is on. The Gentleman does not wish to be recognized. Is there any further discussion? There being none, the question is, 'Shall the Amendment be adopted?' All those in favor will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, any 37 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 further Amendments?"

Clerk Rossi

"Floor Amendment #15, offered by Representative Hannig."

Speaker Steczo

"The Chair recognizes Representative Hannig on Amendment #15."

Hannig

"Yes. Thank you, Mr. Speaker and Members of the House. This proposal would create the Necropsy Research Fund in the state treasury. Appropriations from the fund shall be made to the Department of Public Health and used only at the direction of the advisory board on necropsy services to coroners for research and for toxicology, laboratory and morgues, and for encouragement and promotion of organ and tissue donations. The Bill also creates the...the Amendment also creates the Coroners Training Fund in the state treasury. Appropriations from the fund shall be made to the Illinois Local Governmental Training Board for coroners training and continuing education. This proposal comes from the Coroners Association. It's supported by them. It's supported by the Police Training Board. This proposal, as a Senate Bill 493, passed the Senate 55 to nothing, and I would ask for its adoption as this Amendment #15."

Speaker Steczo

"The Gentleman has moved for the adoption of Amendment #15. Is there any questions or comments on the Amendment? All those...there being none, all those in favor of the Amendment...adoption of the Amendment will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"

Clerk Rossi

"Floor Amendment #16, offered by Representative Prussing."

Speaker Steczo

"The Chair recognizes Representative Prussing on 38 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 the...on Amendment #16. Representative Prussing, proceed."

Prussing

"Mr. Speaker, this Amendment is to deal with an error that was made. When the 'granny tax' was passed, there was suppose to be a provision for rebates for people who were low income. Unfortunately, the rebate system was set up on a 12 months. That did not coincide with the same 12 months as the 'granny tax'. So this is language to clean up that error SO that people who were owed rebates for the last quarter will be eligible to get them."

Speaker Steczo

"The Lady has moved for the adoption of Amendment #16. On that question, is there any discussion? The Chair recognizes the Gentleman from Vermilion, Representative Black."

Black

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

Speaker Steczo

"She indicates that she will."

Black

"Representative, are you aware that it's the position of staff and the department that there is a technical flaw in the Amendment? On page three, Section (e), line eight until the end. The flaw, as I've been told, simply does not require any nursing home, assuming the department had the money to pay, that it does not require the nursing home to turn over a list of those patients, and without that statutory approval, most nursing homes, in fact, will not release those names for fear of some privacy violation or what have you. So, if it's your desire to run the Amendment, I'm not going to stand up and vote 'no', because I think we're all in agreement with what we want to do on this 'granny tax' and get it behind us, but at the same time I wonder if it's wise to pass an Amendment that has such a...or so staff tells me, has a glaring technical error in it." 39 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993

Prussing

"May I respond to that?"

Black

"Yes, please."

Speaker Steczo

"Representative Prussing."

Prussing

"I believe the answer to that, Mr. Black, is that nursing homes would find it in the best interest of their patients to provide the names because the patients are the ones that are going to benefit from getting their rebate."

Black

"Well..."

Prussing

"So we don't think it's a serious technical error here."

Black

"Well, in all due respect, Representative, I think if you'll go back and look at the original tax which most of us realize was a terrible mistake, we had a great deal of trouble getting the nursing homes to give us the names when this started. And now to go back and try to clean something up, and remember, this money will not revert to the nursing home, it reverts to the family or that person residing therein, I just really think that without specific authority, we aren't going to get the kind of compliance that we would like to have. But again, if your staff thinks otherwise, I don't stand in opposition to the Amendment. I just hope that, in fact, it does what we all want it to do."

Speaker Steczo

"Is there any further discussion? The Chair recognizes the Lady from Cook, Representative Currie."

Currie

"Thank you, Speaker and Members of the House. I think the former speaker creates a problem where none is likely to exist. I would think any nursing home administration would be happy to help people entitled to rebates on the 'granny tax' actually access those rebates. I don't think that there are privacy issues here. Certainly the administrator would be well within his or her rights in 40 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 asking these individuals if they wish to participate in the program, and if they wish to do so, if they're willing to have their names sent to the State Department of Revenue. I'd be very surprised if any nursing home resident said no. There's no problem for the administrator in making this information available since it isn't nursing home money that is going to pay the rebate. That will come out of general revenue funds to the extent that we fill in that breach. So, the red herring that suggests that nursing homes won't cooperate, I think is not a very sensible suggestion at this point. If it turns out that that is a problem we can fix it later. But I think the important point is that all of us want to make sure that all those individuals entitled to a 'granny tax' rebate get their fair share at the end of the day. This is a good Amendment and we should all support it."

Speaker Steczo

"Is there any further discussion? The Chair recognizes the Gentleman from Logan, Representative Olson."

Olson

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

Speaker Steczo

"She indicates that she will."

Olson

"Representative Prussing, as Representative Black said, we're not going to vote against you on this...on this issue, but it would seem that we put the 'granny tax' issue to bed, so to speak, in the past...in this Session. Spring Session. There...because of things falling in different quarters and we're running a quarter behind, I concur with what Representative Black said, that the list of recipients, possible recipients, potential recipients, is not available and may not be readily accessible. Also, I'm concerned and my question to you is the funding. Are...Is there provisions in current appropriations and are the funds available to make this rebate, or is it necessary 41 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 that in the supplemental, which we are going to vote on yet, or I hope we vote on yet, will there have to be something included in that to authorize the disbursement...the appropriation and disbursement of these funds? Again, I think we're working on something here that really can't be done. Are you aware if there's anything in the upcoming supplemental to provide funding for this?"

Prussing

"There is not a supplemental at this point because the Bill has not passed. But, I think I'd like to point out that the people who get the refunds initiate the paperwork to do that. It is not initiated by the nursing homes."

Olson

"I'm sorry, I couldn't hear you, but I think that you said something to the effect that...that these people have paid this in and so they are entitled to money. And I can't argue with that, but we still have to have the authority to make those payments, and I'm not aware that that's in the supplemental that might be considered here yet sometime in this Session. I would just...I would like to see this and I know the Department of Revenue would like to see this Bill set aside...this Amendment. And thank you everyone."

Speaker Steczo

"Is there any further discussion? There being none, Representative Prussing to close."

Prussing

"I would just like to say I think we need to correct this inequity and we'd be willing to work with the department if there are any problems that arise. But I think it's important to move forward now on this Bill. Thank you."

Speaker Steczo

"The Lady has moved for the adoption of Amendment #16 to Senate Bill 1037. All those in favor of the adoption of the Amendment will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it, the Amendment is adopted. Mr. Clerk, any further Amendments?" 42 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993

Clerk Rossi

"Floor Amendment #17, offered by Representative Hoffman."

Speaker Steczo

"The Chair recognizes Representative Hoffman on Amendment #17."

Hoffman

"Thank you, Speaker, Ladies and Gentlemen of the House. Amendment #17 simply makes some technical changes with regard to legislation that was passed last year creating the Trauma Center Fund. Judges, state's attorneys, clerks, all wanted some technical changes to clarify some of the language."

Speaker Steczo

"The Gentleman has moved for the adoption of Amendment #17. On that question, is there any discussion? The Chair recognizes the Gentleman from McHenry, Representative Skinner."

Skinner

"Mr. Speaker, would the Gentleman answer a question, please?"

Speaker Steczo

"He indicates he will."

Skinner

"If this language is not passed, where do the fees, costs, additional penalties, bail balances assessed or forfeited, and any other amounts imposed go?"

Hoffman

"Well, the problem right now what is happening is, is that they're sitting in a fund in the Treasurer's Office and because of some technical problems with the language in the original Bill, we have like three or four million dollars sitting there that can't be distributed, and it's sitting there and we need these changes to do that."

Skinner

"Which treasurer's office? Which treasurer's office?"

Hoffman

"The State Treasurer's Office."

Skinner

"Is this the money that he's using to put those ads on T.V. to talk about limiting current...I mean kicking you out of office next year?"

Hoffman

"This has absolutely nothing to do with that." 43 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 91st Legislative Day

Skinner

"Oh, okay."

Speaker Steczo

"Is there any further discussion? There being none, all those in favor of the adoption of Amendment #17 will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it, the Amendment is adopted. Are there any further Amendments, Mr. Clerk?"

Clerk Rossi

"No further Amendments."

Speaker Steczo

"Third Reading. Mr. Clerk, please read the Bill."

Clerk Rossi

"Senate Bill 1037, a Bill for an Act amending the Revenue Act of 1939. Third Reading of this Bill."

Speaker Steczo

"The Chair recognizes Representative Turner."

Turner

"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. Without delaying the House any further, we've just discussed the Amendments 12 through 17 which were the substantive Amendments that now changes the face of the Bill. And because we just recently had that discussion I won't try to explain it other than to say that the Bill incorporates those five Amendments, and I move for the favorable adoption of Senate Bill 1037."

Speaker Steczo

"The Gentleman has moved for the passage of Senate Bill 1037. Is there any discussion? There being none, the question is, 'Shall this Bill pass?' All those in favor will signify by voting 'aye'; those opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Chair recognizes the Gentleman from Vermilion, Representative Black."

Black

"Thank you very much, Mr. Speaker. I...there seems to be a great deal of confusion on this Bill; about what fee increases were discussed and what fee increases weren't. One or two of these things I think we're going to have to 44 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION. DEBATE 91st Legislative Day November 4, 1993 pass, but obviously it's in trouble now. I notice that keen insight I have when I look up at the board. I just wonder if the Sponsor...maybe...maybe we need to take this out of the record then. Something is wrong here. This isn't the signal I got."

Speaker Steczo

"Mr. Black, it's not permissible according to the Rules to take the Bill out of the record. However, with enough votes the Bill can be placed on the Order of Postponed Consideration, and that requires 47 votes to do it."

Black

"Okay. Thank you very much."

Speaker Steczo

"Representative Turner."

Turner

"Thank you, Mr. Speaker. If I could get 47 votes on the Bill we will put it on Postponed Consideration. So, if I could get a few more reds to go to green until we get some clarity on it. Just a few more. I need 47. Granberg. How about a few friends. Eight more. Seven. Let's take it up to 50 to be safe. It's getting late in the day. Just a few more. Just a few more. We...you know. This is Postponed Consideration. How about my only to go on friends on this side. Thanks, Chuck. Mr. Speaker."

Speaker Steczo

"Mr. Clerk, please take the record."

Turner

"Postponed Consideration." Speaker Steczo: :o: "Representative Brunsvold wishes to be recorded 'aye'. On this question there are 47 voting 'yes' and 54 voting 'no', and the Gentleman asks Postponed Consideration. On the Order of Third Reading, appears Senate Bill 881. The Chair recognizes Representative Turner on Senate Bill 881. Mr. Clerk, please read the Bill."

Clerk Rossi

"Senate Bill 881, a Bill for an Act amending the School Code. Third Reading of the Bill." 45 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 91st Legislative Day

Speaker Steczo

"Representative Turner."

Turner

"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. Senate Bill 881 has approximately 11 Amendments on this Bill, and I will briefly try to run through each Amendment reminding the Body what this Bill encompasses. First of all, it has Amendment #5 which is the 'no pass', 'no drive' Amendment which we discussed earlier which deals with a teenager not passing...or not staying in school and his ability to take driver's education. Amendment #4 deals with the registration for trustees. It was introduced by Representative McGuire. It deals with correcting a problem where people live in dual districts, in terms of who you would vote for regarding the trustees in those school districts. Amendment #5 is Senate Bill 7 which was Santiago, and that's a Bill that deals with the certification of preschool bilingual teachers, and so we have some language in there. The Governor's Amendatory Veto language is in that Bill, in Senate Bill 7. House Bill 392, is Amendment #6 which deals with the immunization of students at colleges that don't have dormitories. That's Representative Giglio's Bill. This has been around here for awhile, and I believe also that it includes the Governor's Amendatory Veto language. Amendment #7, is House Bill 2105. That's Representative Levin's Bill. It deals with the special education...funding formula that...it deals with enrollment versus attendance for special education schools. Amendment #8, deals with the immediate effective date of this Bill which I was the Sponsor of. Amendment #9, is Representative Saltsman's Amendment, and it deals with the mandating the Chicago Board of Education to maintain and the adult education courses as they are currently being provided in the 1991/92 46 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 school year. Amendment #10, is Representative McGuire's Amendment and it deals with the state board...no, Amendment #10 was the Amendment which pulls out the language from Senate Bill 159, Representative Brunsvold's Bill, and so that the parenting portion of that Bill has been pulled out on Amendment #10. Amendment #11, is the Amendment that deals...it allows school districts to levy a fire prevention and safety tax after a public hearing to pay for repairs for school sidewalks, playgrounds, parking lots, school buses, et cetera. Amendment #12 failed, and that, Ladies and Gentleman, in essence is what's in Senate Bill 881, and I move for the favorable adoption of Senate Bill 881."

Speaker Steczo

"The Gentleman moves to suspend the appropriate rule to have Senate Bill 881 heard at this time. Is there any objection? There being none, leave is granted. Is there any discussion? The Chair recognizes the Gentleman from McHenry, Representative Skinner."

Skinner

"Yes. I wonder if the Sponsor could confirm what the president of the school board told us, and that is that if Amendment #9 is passed, we've got a two million dollar hole in the Chicago school budget. Is that correct? Do you know?"

Turner

"I'm not aware of that, Representative. I'm not certain. They told you but they didn't tell me. So I'm not aware of that two million dollar hole."

Skinner

"Well, they...they did tell all the Republicans that..."

Turner

"Well, I wonder why they tell the Republicans and not tell the Democrats."

Skinner

"I guess the school board trusts us more. I don't know."

Turner

"You think that's the case. Well,..." 47 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993

Skinner

"I don't have anymore questions of you, Mr. Sponsor, Sir."

Turner

"We just want to comment on the merits of that program, and I, just again, think that the Chicago board has done an excellent job of handling the adult ed. program. And we've got outstanding facilities such as the Hilliard Center and the Michelle Clark among many other centers; and I think that that's the ample thing to do with all of the confusion that is going on with the school crisis in the Chicagoland area, and now I don't think we ought to do it to adults as well. I think that we're doing enough damage to the kids there, and I think that to bring this instability to the adult ed. component of this is, is unfair, and so I support Amendment #9."

Skinner

"I imagined you would, Mr. Representative. However, the counter argument to that...to your argument, is that the Chicago school system has had 13 years to teach these kids how to read and they haven't succeeded. Perhaps we should give another educational bureaucracy, the Chicago junior college system, a chance to do it. But quite apart from that, we're talking two million dollars here, and this is the only vote that we're going to have this week, apparently, on Chicago schools...on the Chicago school crisis and it's a two million dollar vote."

Turner

"It's my understanding that this does not cost the Chicago board any money. This is federal money. This does not cost the Chicago board any money to run the adult ed. program. I think the Sponsor of the Amendment also would like to make a comment or two in that regard, Representative Saltsman."

Skinner

"Well, I'll be happy to let him make his comment when I finish making my comments. The present school board, in a 48 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 secret meeting with Republicans, said that it was going to cost the school district two million dollars if they had to keep the...had to keep this program in the Chicago school system."

Turner

"It sounds like, first of all, a violation of the Open Meetings Act."

Skinner

"Why am I being interrupted."

Turner

"...That they're having a meeting and nobody knows but the board and the Republicans."

Skinner

"Mr. Speaker."

Turner

"I...you know, I take offense to that, and I think that if it's a problem or if there is that kind of cost factor involved, they should at least let all the Members of the General Assembly know."

Skinner

"I'm trying to do that."

Turner

"No one on this side of the aisle knows about this two million dollar cost factor, and why they have a secret meeting with you and the other Republicans, amazes me. Not to say that there aren't any Republicans in the City of Chicago, but I would think that they would let the people who represent the City of Chicago know that there is a cost factor involved and that there is a problem with this issue."

Skinner

"The president of the school board, whatever her name is."

Speaker Steczo

"Mr. Skinner."

Turner

"This is federal grant money."

Skinner

"Oh, am I still on the floor?"

Turner

"This has nothing to do with the Chicago money. They're giving you misinformation."

Skinner

"Well look, all I know is...all I know is what the woman said. Alright? She said..." 49 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 91st Legislative Day

Turner

"That information is not correct."

Skinner

"...it's going to cost two million dollars."

Turner

"It's not correct."

Skinner

"Do I get the floor at all during this debate?"

Turner

"Talk!"

Speaker Steczo

"Mr. Skinner, you're asking questions and the Gentleman is responding."

Skinner

"I am not asking questions. About three minutes ago I said I had no further questions."

Speaker Steczo

"Any further questions? This...Mr. Skinner."

Skinner

"The point I'm attempting to make is that the present school board told me in the presence of a number of witnesses that this was going to cost the Chicago school board two million dollars. So we're giving...if we pass this, I believe we're giving the Chicago school board another two million dollars. Maybe that doesn't make any difference. I mean, it's only a half of a percent of the three to four-hundred million dollars that they're looking for."

Speaker Steczo

"Is there any further discussion? The Chair recognizes the Gentleman from Rock Island, Representative Brunsvold. Mr. Brunsvold."

Brunsvold

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would like address Amendment #33 on this Bill, and I stand in support of this Bill now. The provisions of 159 are now contained in this Bill and not in its entirety, however, because the Amendment later on stripped out the expansion of the parenting program that was so controversial, and most of you received a lot of calls and letters regarding that parenting program that was on Senate Bill 159. We have removed that provision, so all that remains now of the parenting program is what was originally 50 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 there in statutes prior to this Bill. And there is a lot of other things contained in 159 that are very important as far as grant programs for the schools. That was very important, so we felt it necessary to remove some of that controversy and try to pass this Bill with that...with those provisions gone. So, I stand in support of Senate Bill 881 and ask for your 'aye' vote."

Speaker Steczo

"Is there any further discussion? The Chair recognizes the Gentleman from Cook, Representative Parke."

Parke

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Will the Sponsor of this Bill yield for a question, please?"

Speaker Steczo

"He indicates that he will."

Parke

"Thank you very much. Representative Turner."

Turner

"Yes, Sir."

Parke

"Representative Brunsvold just said that the aspects of Senate Bill 159 had been removed except for what was previously there. That bothers me. I thought all the provisions of 159 had been taken out and that if there is other provisions that relate to that subject matter, I'd like to know what they are."

Turner

"We only are moving out the expansion of parental training from the Bill. The Sponsor of the Amendment, Representative Brunsvold, I thought he did an eloquent job of explaining it, but I'd rather he address that component of the Bill."

Parke

"That would be fine with me. Representative Brunsvold."

Speaker Steczo

"The Chair recognizes Representative Brunsvold."

Brunsvold

"Thank you. We had a parenting Bill prior to this Senate Bill 159. It was 0 through K. And this parenting Bill was...has been in law for a couple of years. And now everything in 159 regarding the expansion of that parenting 51 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 Bill is gone. What remains is what's in law right now."

Parke

"So it totally refers to the previous law. What was previous law, stands."

Brunsvold

"Stands. Right."

Parke

"Okay."

Brunsvold

"And we removed all the parenting things that were in 159 that was controversial. The original parenting Bill that was in statutes is still there."

Parke

"Thank you. Representative Turner. Representative Turner, you had mentioned that you thought perhaps it was a violation of the Open Meetings Act. If you remember, the Legislature, in its infinite wisdom, has exempted itself from the Open Meetings Act. So, there's no way. In addition, I think you have to have a majority of the Body, and maybe we'll have to wait until next year before the House Republicans are in the majority and then we would maybe have to worry about the Open Meetings Act."

Speaker Steczo

"Is there any further discussion? The Chair recognizes the Gentleman from Peoria, Representative Saltsman."

Saltsman

"Yes. Thank you, Mr. Speaker. In regards to Amendment #9, I have checked with everybody that is involved in adult education from one end of this state to the other. There is no two million dollar cost factor to the Chicago Board of Education. There is no two million dollar cost factor. You know, they're probably lying to those Republicans up there because they don't trust them. They want them to come down here and cause a lot of trouble with education. So, therefore, if they didn't talk to the Democrats and Republicans are bringing this message, I think they're way off base. The board of education will not lose it. It's strictly grant money. It cannot be lost. This is grant 52 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day money only. So wherever they got their November 4, 1993 information from, they better check with other school officials, cause everyone from our downstate people here that are involved with adult ed., says them statements are false."

Speaker Steczo

"Is there any further discussion? The Chair recognizes the Gentleman from Cook, Representative Lang."

Lang

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

Speaker Steczo

"He indicates that he will."

Lang

"Representative, I hate to do this to you, but I think there is some confusion on the floor about all the various provisions of this Bill. Could you run through them very quickly?"

Turner

"This Bill has ll Amendments."

Lang

"Well..."

Turner

"All good ones, and I urge you to support it."

Lang

"That sounds like my usual explanation of a Bill, but you usually do better than that."

Turner

"Okay. Alright. Alright. Alright, we'll go through it one more time very quickly. It has a 'no pass, no drive', which is Representative Curran's Amendment. It has provisions of Senate Bill 159 that Representative Brunsvold explained earlier. It has an Amendment from Representative McGuire which corrects the problem with dual school districts in terms of elections, and so we define how do you vote in those elections. It has Senate Bill 7 which is Representative Santiago's Bill, as the Governor amendatorily vetoed. It has House Bill 392 which deals with the immunization of college students. Representative Giglio's Bill that deals with Governor's State that is referred to as the 'Maria Pappas' Bill. It has House Bill 2105. Representative Levin's Bill, which deals with the 53 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 special education. One that says that you will deal with attendance...you will deal with the formula based on attendance versus...no, enrollment versus attendance, and it also has an immediate effective date. It has Representative Saltsman's Amendment, a great Amendment, which deals with the adult ed. component. It has Representative McGuire's Amendment which deals with the ability to have hearings for...in districts that deal with levying for fire prevention and public safety tax. And so that includes...that is in essence what Senate Bill 881 has."

Lang

"Thank you for that explanation. I have one further question. Relative to the Amendment that dealt with the immunization, is that the issue we've been discussing like three times a year for the last three years, relative to...what does that provision regarding immunization do?"

Turner

"It says that community colleges which do not have dormitories, does not have on-campus housing, the students who attend those schools do not have...they are not required to have a proof of immunization prior to enrolling in the school."

Lang

"Thank you. Mr. Speaker, Ladies and Gentlemen of the House, to the Bill. There is two provisions in this Bill that will require me to vote 'present'; one is that provision regarding immunizations. I think all the students should be immunized. I voted that way in the past; and the second, is the Amendment that we debated previously that I spoke to regarding the issue of dropouts and drivers licenses. All the other provisions of the Bill seem reasonable. I'd be prepared to vote for them, but there are two provisions in the Bill that will require me to vote 'present' and I would urge you to do the same." 54 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993

Speaker Steczo

"Representative Turner."

Turner

"Thank you, Mr. Speaker. As the previous speaker mentioned, I just want to make sure he's clear on that, that that immunization is strictly for higher ed. So this is not for elementary and secondary, this is strictly for higher ed. I think the Bill has been discussed. I think most everyone knows what is in it here today. I think this is a very important piece of legislation."

Speaker Steczo

"Mr. Turner, we still have other people seeking recognition."

Turner

"Who?"

Speaker Steczo

"There's other people still seeking recognition, if you're attempting to close."

Turner

"Oh, okay, go ahead."

Speaker Steczo

"The Chair recognizes Representative Olson."

Olson

"Thank you, Mr. Speaker. Will the speaker...will the Representative yield to a question and perhaps he would want to yield to Representative Brunsvold for the answer."

Speaker Steczo

"He indicates that he will."

Olson

"Representative Brunsvold, if you will. On 159 I heard your explanation and Representative Parke inquired, but 159, as relative to Amendment #10, takes the parenting issue back to, would you want to say prior to when we started last Spring Session?"

Brunsvold

"Present law. It takes it back to what present law is."

Olson

"Present law or prior to anything that we did all spring. So when anyone on either side of the aisle in here who has been getting mail on 159 should very strongly support Amendment #10 and now support the Bill."

Brunsvold

"Correct. Correct."

Olson

"Okay, thank you." 55 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day

Speaker Steczo

"Representative Wennlund." November 4, 1993

Wennlund

"Thank you, Mr. Speaker. With respect to Amendment #6 where there was a question raised, it's to be noted that #1, it only applies to places like Governors State University which has no on-campus housing, and 40% of the student body of which is over age 30 in fact. My wife is a graduate, in her 40's. Frank... Representative Giglio's a graduate. Well, indeed, beyond his 40's. As a matter of fact, I saw something where he was a hundred years old that came out in the mail here about a month ago. It only applies to those limited universities where there is no on-campus housing that might give rise to the need for immunization. Most of these people are far beyond their youth and the average age is over 30 at Governors State University and at many of the universities like that. It's returning mothers and returning fathers, even, indeed, to improve their education. There is no need for immunization at that point, and this eliminates it. What's happened is, is that they have a call-in system for registration like many of the universities have now. Why you can't even call in and register if you don't have that immunization shot, and it's holding back the registration of a lot of adults who are returning to improve their college education. That's what that's all about. And Representative Turner is correct, it should be done. We voted on it in the past and I ask your support."

Speaker Steczo

"Representative Novak."

Novak

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I simply rise in support of the Bill, but specifically I would like to speak to this Amendment. have to have this Amendment. Governors State University, We It affects, seriously, Northeastern Illinois 56 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 University, I think Chicago State University. Those schools that do not have dormitories. In talking with President Wolfe, who is now the President of Governors State University, she indicated to me the other day that if we do not pass this exemption, the attendance will be seriously impacted at Governors State University. And if that's the case, it's going to certainly impact the ability of the school to render the services that it has to, and also, the financial aspect of the school. So, I would ask my colleagues to support this Amendment and this Bill."

Speaker Steczo

"Is there any further discussion? There being none, Representative Turner to close."

Turner

"Thank you, Mr. Speaker. I think this Bill has been thoroughly debated. I think that most of us are clear to what the issues are in this Bill. All of the issues, I think, are very important. They will make a difference on education in this state and I move for the favorable adoption of Senate Bill 881."

Speaker Steczo

"The Gentleman has moved for the passage of Senate Bill 881. The question is, 'Shall this Bill pass?' All those in favor will signify by voting 'aye'; those opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? The Chair recognizes the Gentleman from Cook, Representative Giles to explain his vote."

Giles

"Thank you, Speaker, Ladies and Gentlemen of the House. I rise and support this Bill, especially Amendment 9 for adult education. What this...what the adult education program does for a school in my district, Michelle Clark School, is to keep those programs intact. I am here to serve my constituents and to support them and make sure that they get proper education and proper opportunities. I 57 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 would urge my colleagues to support this Amendment, support this Bill, and to...and it should be all 114 green votes. I urge you to support this Bill."

Speaker Steczo

"Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question there are 106 voting 'yes', 3 voting 'no', 3 voting 'present', and Senate Bill 881, having received the required three-fifths Constitutional Majority, is hereby declared passed. For what purpose does the Lady from DuPage, Representative Biggert, seek recognition?"

Biggert

"Thank you, Mr. Speaker. I pushed my button, but it must not have registered, and I'd like it to be noted that if my button had worked I would have voted 'yes'."

Speaker Steczo

"For what purpose does the Lady from Cook, Representative Davis, seek recognition?"

Davis

"Mr. Speaker, I apologize for having to ask this question publicly, but do state Legislators have to have a high school diploma?"

Speaker Steczo

"I believe the Constitution requires just age and residency to be the factors to be able to run."

Davis

"So, this Body is not required to have a high school diploma. Is that correct? Do Congressmen have to have a high school diploma, Sir?"

Speaker Steczo

"According to the U.S. Constitution, probably not, Representative Davis, but..."

Davis

"Pardon."

Speaker Steczo

"No. Proceed."

Davis

"I was just asking if those two bodies had any requirements where the people who sit in those seats and make those decisions had to have a high school diploma? If not, perhaps we need to change it. Thank you."

Speaker Steczo

"Representative Biggert." 58 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day

Biggert

"Mr. November 4, 1993 I Speaker, that was...it was Senate Bill 881 that I was not recorded, and I would like it to be noted that voted 'yes' on Senate Bill 881. If my button had worked." "The transcript will so reflect, Representative

Speaker Steczo

Biggert. Representative Turner in the Chair."

Speaker Turner

"On the Order of Third Reading we have House Bill...Senate Bill 1043. The Gentleman asks leave to bring this Bill back to Second Reading. Is there leave? Leave is granted. Representative Steczo. Mr. Clerk, are there any Amendments?"

Clerk Rossi

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

Speaker Turner

Steczo

"Representative Steczo." Amendment "Thank you, Mr. Speaker, Members of the House. #3, to Senate Bill 1043, provides for an opportunity for a park district in Cook County to be able to have a referendum to disconnect from a park district where they are currently paying taxes to a recreation department of a municipality and the park district. So, this allows them the opportunity to be able referendum to disconnect in those double taxation situations. I move for its adoption."

Speaker Turner

"The Gentleman from Jersey, Representative Ryder." to disconnect...have a cases where there is

Ryder

"Thank you, Mr. Speaker. This is a bipartisan attempt to correct a very technical problem that exists. I've joined Representative Steczo on this Amendment and would urge that the Amendment be adopted and the Bill be passed."

Speaker Turner

"The Gentleman asks that Amendment #3 be adopted to Senate Bill 1043. All those in favor should say 'aye', all those opposed say 'no'. In the opinion of the Chair the 'ayes' have it. Amendment #3 is adopted. Further 59 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day Amendments?"

Clerk Rossi

"No further Amendments."

Speaker Turner

November 4, 1993 "Third Reading. Committee Reports, Mr. Clerk."

Clerk Rossi

"The Committee on Rules has met, and pursuant to Rule 14(a)(5), House Bills amended in the Senate, recommends consideration and the following Bills be placed on the Order of Concurrence; House Bill 344, and pursuant to Rule 14(a) (6), Bills referred pursuant to Rule 79, Rules recommends consideration and the following Bills be placed on the Order of Conference; Senate Bills 405 and Senate Bill 498. Signed by Representative Frank Giglio, Chairman."

Speaker Turner

"On the Order of Conference Committee Reports we have House Bill 299. Representative Novak."

Novak

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 299 amends the Environmental Protection Act to extend the deadline for nonhazardous solid waste landfills. Those landfills that accept under 100 tons per day to meet strict new federal regulations for a six month period, from October 9th of this year to April 4th, 1994. This past Session we passed House Bill 300. As you well know, that rewrote the underground storage law. Within that Bill there was also the subtitle 'd' requirements that are mandated under the Resource Conservation Recovery Act, which is federal law that was passed in the late 70's. The subtitle 'd' requirement promulgated strict and very stringent rules and regulations with respect to the siting and operations of landfills. The problem that has occurred is that the federal government did not allow states, and specifically our state, enough time to allow these landfill owners to comply with these rules and regulations and also other financial responsibilities. So that is the a essence 60 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 of this Bill, is to give them a six month period to extend. This is an important measure. It affects landfills stretching from Winnetka, Illinois, all the way down to Randolph County, in my colleague, Representative Deering's district. Among other things on the Bill, situations dealing with siting of landfills located within a solid waste disposal district. This is some agreed upon language. This still needs to be worked a little bit further with the industry and this was at the request of Senator Rauschenberger. Another part of the Bill deals with remedial...remediation manual, excuse me, for agricultural chemical...agri-chemical facilities, and it's agreed language with the Department of Agriculture and the industry. And the last aspect of the Bill is conducting referendums under the Corn Marketing Act. Dealing with referendums with respect to the corn checkoff fund. Be more than happy to entertain any questions."

Speaker Turner

"Are there any questions? The Gentleman from Logan, Representative Olson."

Olson

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

Speaker Turner

"He indicates he will."

Olson

"Representative Novak, a couple of occasions in there you used the word siting. But there's nothing in here siting with low-level nuclear waste. Is that correct?"

Novak

"You're absolutely correct. There's nothing in here that deals with low-level nuclear waste facilities."

Olson

"Thank you."

Speaker Turner

"Are there any further questions? No further questions. The question is, 'Shall the House adopt Conference Committee Report #1 to House Bill 299?' All those in favor should...all those in favor should vote 'aye', all those opposed vote 'no'. The voting is now 61 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the Roll. On this question there are 108 voting 'yes', 2 voting 'no', 4 voting 'present'. In the opinion of the Chair the Constitutional Majority being...the Constitutional Majority being...being received and this Bill will be declared passed. On the Order of Second Reading we have House Bill... Senate Bill 776. Senate Bill 776. Read the Bill, Mr. Clerk."

Clerk Rossi

"Senate Bill 776. The Bill has been read a second time previously. No Committee Amendments. Floor Amendment #1, offered by Minority Leader Daniels."

Speaker Turner

"Representative Ryder on Amendment #1."

Ryder

"Thank you, Mr. Speaker. I should make an inquiry of the Clerk, if I may. May I, Mr. Speaker? Mr. Clerk, I'm looking in our files that indicate a Floor Amendment #1 filed by Representative Burke, and I don't..."

Clerk Rossi

"Floor Amendment #1, was sponsored by Representative Daniels and Phelps. Floor Amendment #2, is sponsored by Representative Burke."

Ryder

"I see. One moment, please. Mr. Speaker, if I may."

Speaker Turner

"Proceed, Representative Ryder."

Ryder

"Thank you. I apologize to the Assembly for the delay. It was caused by incorrect numbering on the Amendments. Amendment #1, is a bipartisan approach to answer some questions within the Department of Mental Health and Developmental Disabilities. It does contain language that was in a Bill previously passed by this Assembly. It contains language for the Inspector General which is part of the agency, and is now doing a rela...a very good job. I believe that Leader Daniels is joined in this with Representative Phelps in a bipartisan effort, and I also 62 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 believe that the language is agreed, but I would be willing to answer those questions that are placed before the Assembly and would urge the adoption of this Amendment."

Speaker Turner

"Are there any questions on this Amendment? Seeing none, the Gentleman moves for the adoption of Amendment #1. All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair the 'ayes' have it and Amendment #1 is adopted. Further Amendments?"

Clerk Rossi

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

Speaker Turner

"The Gentleman from Cook, Representative Burke."

Burke

"Thank you, Mr. Speaker. Amendment #2, simply addresses some of the concerns that the Department of Professional Regulation have recommended. They're technical language changes. It does not alter the nature of the Bill. It simply would address the concerns of the Department of Professional Regulation."

Speaker Turner

"The Gentleman from Jersey, Representative Ryder."

Ryder

"Thank you. I wish to ask a question...make a statement, ask a question of the Sponsor. Representative, I've been informed that the Sponsor of the Bill, Representative Daniels, would consider this a hostile Amendment for the reason that he did not want it as part of the Bill. For that reason, I would ask if you would be willing to withdraw the Amendment so that we might go ahead with the underlying bipartisan nature of the Bill?"

Burke

"Under other circumstances I certainly would be inclined to your request, Representative, but I have gone through a series of other Bills that your side have found difficulty with. Just yesterday this matter came up under another 63 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 Bill and it was discovered to be not germane. It is...if I had the opportunity to speak to Representative Daniels, I'm sure I could alleviate his concerns for this particular Amendment. It is rather innocuous. It is simply language change that the Department of Professional Regulation has recommended. I would ask Representative Daniels' consideration in this. If he were here I'm certain that I could alleviate his concerns, as I said. I would prefer to proceed with this Amendment and ask for its favorable passage."

Speaker Turner

"The Gentleman from...Representative Ryder, the Gentleman from Jersey."

Ryder

"Representative, I understand the situation that you may have been placed in when this Amendment was ruled nongermane on other Bills for that reason, and I apologize for this. I'm going to ask the Clerk to rule it nongermane on this...or excuse me, ask the Speaker to rule it nongermane on this in the event that that fails. I do stand in opposition to the Bill. There are...there are opponents to the language that your requesting, and if necessary we'll discuss the merits. I prefer to avoid that if I can because I understand that you're well-intentioned in what it is that you wish to do."

Speaker Turner

"While we're reviewing whether this is germane, I'd like to recognize Representative...the Gentleman from Saline, Representative Phelps."

Phelps

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise to support my colleague Representative Ryder in our concern, and I know Representative Burke is well-intended also. And I would be more inclined to support the contents of his Amendment #2, however, it seems to somewhat strain the agreement that's been ongoing with 64 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 this omnibus Bill which came through my committee. And Representative Daniels, myself, and other Members on the other side of the aisle have worked very earnestly trying to keep it contained, and the amendatory language that came out, trying to keep this concept alive because it's very much needed. And I would just appeal to Representative Burke that I think your Amendment is great, I just don't think there's time to work everything out that we've brought to this point unless there is an agreement. That's fine. Otherwise, we need to proceed as 776 is brought before us without Amendment 2."

Speaker Turner

"Thank you for those comments Representative Phelps. In the opinion of the Chair this Amendment is germane. It amends the issue of health. One deals with mental health and the other one deals with health, and on that grounds, the Chair rules that the Amendment is germane. Representative... The Gentleman from Jersey, Representative Ryder."

Ryder

"Thank you, Mr. Speaker. I appreciate receiving the ruling although I disagree with the result. For that reason, again, I will state that we do not consider this to be an appropriate Amendment on a Bill that we believe is the result of some very hard bipartisan work. I'm going to ask for a Roll Call and ask that the Amendment be defeated."

Speaker Turner

"The Gentleman from Logan, Representative Olson."

Olson

"Thank you, Mr. Speaker. Amendment #1, was the Committee Bill...the Committee Bill of the Health and Human Services Committee, chaired by Representative Phelps. Representative Phelps and the Vice Chair, Representative Schoenberg, were very considerate of three Bills that I had before their committee and made those Bills a part of their 65 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 Committee Bill. Representative Phelps has worked very comfortable and well and I appreciate his services. The Governor seen reason to veto a portion of the Committee Bill, but the Committee Bill itself is very bipartisan, very healthy for the health industry in the State of Illinois. I guess what I'm trying to do here is tell the Membership on both sides of the aisle that Amendment #1 is very important to the health industry and the mental health industry in this state. I join with Representative Phelps in urging Representative Burke to reconsider and perhaps withdraw Amendment #2. I will work with Representative Burke much as Representative Phelps said, to try and find another place for this. I will speak to the leaders on this side of the aisle, encourage them to find a place for Amendment #2. I also encourage you, if we are going to have a Roll Call Vote on Amendment #2, to consider all the legislation from both sides of the aisle that are now contained in Amendment #1. All viable, all came out of Representative Phelps' Health and Human Services Committee. Consider it carefully and thank you very much."

Speaker Turner

"The Gentleman from Cook, Representative Lang."

Lang

"Thank you, Mr. Speaker. I rise in support of Floor Amendment #2. I'm a strong supporter of the first Amendment and I recognize the Committee worked hard and it's an agreed process and an agreed Bill. However, time is short in this Session and Representative Burke has worked hard in the area that involves Floor Amendment #2. He's entitled to get his cleanup language. It shouldn't hurt the Bill. It's not controversial in my opinion. It's strictly cleanup language. The Gentleman's worked very hard on it and he's entitled to move along his process. It should not hurt the Bill and there's no reason he shouldn't 66 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 be allowed to have his Amendment on the Bill. I would urge an 'aye' vote."

Speaker Turner

"The Gentleman from Cook, Representative Burke to close."

Burke

"Thank you, Mr. Speaker. As I said to my colleague on the other side of the aisle, I have been from pillar to post with this particular Amendment. It is not controversial. It is innocuous. It is something that I wouldn't even begun to attack other than for the recommendation of the Department of Profession Regulation. It's minor language change. It does not affect the nature of the original Bill. It is something that we need to do simply to clean up the Naprapathic Act. It's a matter that passed out of this House and the Senate unanimously, previously. I would not again have even begun to look at this Bill after its formal passage previously, if it wasn't for the Department of Professional Regulation insisting that there was some minor technical language change. And I would simply ask that I be given the proper consideration and pass this Amendment. It is innocuous. It doesn't hurt anybody, and I would ask for a Roll Call Vote."

Speaker Turner

"The question is, 'Shall Floor Amendment #2 be adopted to Senate Bill 776?' All those in favor should vote 'aye', all those opposed vote 'no'. The Roll Call is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 58 'ayes', 54 'noes'. The Amendment is adopted. Oh...oh Representative... Representative Ryder."

Ryder

"Let's... I'll ask for a verification. Let's see who's there."

Speaker Turner

"Representative Brunsvold. Hold on. Representative Brunsvold. His light was on. Hold on. 67 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 Representative Brunsvold votes, 'no'. Representative Shirley Jones votes, 'aye'. Representative Schoenberg votes, 'aye'. Any other changes? Poll those not voting, Mr. Clerk."

Clerk Rossi

"Poll of those not voting. Representative Moseley. Poll of those voting in the affirmative. Representative Balanoff. Blagojevich. Bugielski. Burke. Capparelli. Curran. Currie. Dart. Davis. Deering. DeJaegher. Erwin. Flinn. Flowers. Frias. Gash. Giglio. Giles. Giolitto. Granberg. Hannig. Hawkins. Hicks. Hoffman. Homer. Lou Jones. Shirley Jones. Kaszak. Kubik. Lang. Laurino. Levin. Lopez. Martinez. Mautino. McAfee. McGuire. McPike."

Speaker Turner

"Representative Ryder."

Ryder

"I'm sorry, continue, continue."

Speaker Turner

"Continue Representative...Clerk."

Clerk Rossi

"Representative Eugene Moore. Morrow. Harold Murphy. Novak. Ostenburg. Phelan. Prussing. Pugh. Ronan. Rotello. Saltsman. Santiago. Schakowsky. Schoenberg. Steczo. Stroger. Turner. von Bergen Wessels. Woolard. Younge and Mr. Speaker."

Speaker Turner

"Change Representative Edley to 'aye'. Does the Gentleman persist, Representative Ryder?"

Ryder

"Speaker?"

Speaker Turner

"Representative Ryder."

Ryder

"Thank you. Mr. Speaker, I'll withdraw the verification and take the Bill out of the record."

Speaker Turner

"The Gentleman withdraws the verification. The Amendment is adopted and Senate Bill 776 will be taken out of the record. Clerk, you have an announcement?"

Clerk Rossi

"Supplemental Calendar #1 is being distributed."

Speaker Turner

"On the Order of Third Reading we have Senate 68 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 Bill 4...1030...1043, Representative Steczo. Read the Bill, Mr. Clerk, a third time."

Clerk Rossi

"Senate Bill 1043, a Bill for an Act amending the Illinois Municipal Code. Third Reading of this Bill."

Speaker Turner

"Representative Steczo."

Steczo

"Thank you, Mr. Speaker, Members of the House. Senate Bill 1043 in its current form contains three items. First item, was Amendment #1 which was adopted last week, which contains some reforms as it relates to tax increment financing districts. As an attempt to try to provide more information to joint review boards as TIFS are created and to provide more information to interested parties as to the performance of these tax increment financing districts as they...after they're created and as they perform their functions. The second provision in this Bill, is a Bill that contains the Governor's amendatory language on the industrial TIFS. That was amended as Amendment #2 last week. Amendment #3, is an Amendment we adopted just about a half hour ago, that relates to the ability of a local community to be able to withdraw from a park district by referendum in situations where they're paying double taxes to two bodies. That's what the Bill contains, Mr. Speaker. I would answer any questions from Members of the House. If not, I would ask for the passage of Senate Bill 1043."

Speaker Turner

"Seeing no questions, the question is, 'Shall the House adopt Senate Bill 1043?' All those in favor should vote 'aye'; all those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 109 voting 'yes', no 'noes', 4 voting 'present', and this Bill having received the Constitutional Majority, is hereby declared passed." 69 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993

Speaker Steczo

"Representative Steczo in the Chair. On the Order of Senate Bills, Second Reading, on page three of the Calendar appears Senate Bill 1024. Mr. Clerk, are there any Amendments?"

Clerk Rossi

"Amendments 2, 3, 4, 5, and 6 have been adopted to the Bill. No Motions are filed. Floor Amendment #7, offered by Representative Granberg."

Speaker Steczo

"Representative Granberg. The Chair recognizes the Gentleman from Clinton, Representative Granberg, on Senate Amendment... House Amendment #7 to Senate Bill 1024. Mr. Granberg."

Granberg

"Thank you, Mr. Speaker. Leave to withdraw Amendment #7?"

Speaker Steczo

"The Amendment shall be withdrawn. Any further Amendments, Mr. Clerk?"

Clerk Rossi

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

Speaker Steczo

"The Chair recognizes Representative Kubik on Amendment #8."

Kubik

"Thank you, Mr. Speaker. Before we address Amendment #8, it is my understanding that Amendment #6 is to be tabled, which was offered by Representative Granberg. So that Amendment is...my understanding is it's suppose to be tabled."

Speaker Steczo

"Mr. Granberg."

Granberg

"Move to table Amendment #6."

Speaker Steczo

"Representative Granberg has moved to table Amendment #6. Is there any objection? There being no objection, leave is granted. Mr. Kubik on Amendment #8. Is it #8?"

Kubik

"Mr. Speaker, I would ask leave of the Body to withdraw Floor Amendment 8 and 9." 70 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993

Speaker Steczo

"Amendments #8 and 9 will be withdrawn. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"The Chair recognizes Representative Kubik on Amendment #10."

Kubik

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #10, would amend the Pension Code article governing the teachers retirement system. The Amendment specifically would allow the purchase of four rather than two years of service credit for military service that occurred prior to teaching if the individual elects in 1994 to participate in the early retirement incentive program, and if he or she has 25 years of service credit excluding the five years of credit that may purchased under the ERI Program. The five year limit on military service credit would not be changed. The Amendment only affects the portion of military service credit allowed for military service that occurred prior to teaching. I would appreciate your support on the Amendment and would be happy to respond to any questions."

Speaker Steczo

"The Gentleman has moved for the adoption of Amendment #10. Is there any discussion? The Chair recognizes the Gentleman from Peoria, Representative Saltsman."

Saltsman

"Again, we're getting into the agreed Bill process on pensions. This Bill here is helping destroy the five and five. There is other legislation here to do it. A lot of these people were in the military before they taught. They went through their college education on the GI Bill. They were compensated by the government for this. If you want to keep extending it to four and five and ten years, keep 71 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 going if you want to destroy the teachers pension system any more than we have with education on the five and five. It took a long time to pass a two year transition from military time. It took a long time to pass that. Now we want to go four years with it. I don't think it's fair for the system. No one for the system, I don't think, has been contacted on this. And my question to the Sponsor, has the teachers retirement system favored or opposed this?"

Kubik

"My understanding, that they have no position at...on this Amendment."

Saltsman

"Is that right? Then they're not in favor of it."

Kubik

"Representative, I should also let you know that the...according to our analysis, the cost should be minimal due to the fact that the individual must pay the employer and employee pension contribution plus interest on this proposal."

Saltsman

"That's true. And they had to do that before in buying two years. Some of the people in my district, the veterans, paid as high as $9,000 for two years, and it is very expensive, but if that...we didn't offer them four years. Are we going to allow them to return back and buy two more years? And some of our people did this a year before the five and five. So if you want to keep kicking this around, our retired teachers today, they are getting five and six hundred dollars a month. There's not going to be any pension money there for them to get any any new increased benefits or for us to take care of teachers that have been there for 30 years. If you want to keep bleeding this system, go ahead and do it. I'm definitely opposed to this and I've been on the Pension Committee since the day I came here, 13 years ago. I'm not opposed to veterans. Let me tell you something, if we're going to do it for them, 72 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 we're going to do it for more administrators. We'll keep plugging away for a handful here, but sometimes it ends up being more than a handful. I'm very much opposed to this legislation."

Speaker Steczo

"Representative Hartke."

Hartke

"Will the Sponsor yield?"

Speaker Steczo

"He indicates that he will."

Hartke

"Now, Representative Kubik, is there anywhere in this Amendment that it addresses the retired teachers insurance amount that they are now paying, or there is an increase?"

Kubik

"Not in this Amendment, Representative."

Hartke

"Is there a further Amendment that may do that?"

Kubik

"Not that I'm aware of."

Hartke

"Okay. Maybe there should be. Thank you."

Speaker Steczo

"Representative Hoeft."

Hoeft

"The Sponsor yield?"

Speaker Steczo

"Indicates that he will."

Hoeft

"What is the unfunded liability for the TRS System because of this? Do you have any figure at all?"

Kubik

"Representative, according to what I am told it is impossible to estimate because we really don't know how many people would be eligible for this. I would point out that I'm also told that the number of people that would be eligible would probably be minimal."

Hoeft

"Okay. Again, it is one more strain upon a system that financially is going to be in trouble after the year 2000. I think we have to know what is the estimated TRS liability before we take an intelligent vote on this. Thank you."

Speaker Steczo

"Representative Granberg."

Granberg

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. There has been some discussion about this, but from my understanding the drafting of the Amendment is very, 73 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 very narrow in scope. This has been discussed by a number of the parties and the impact is nominal at best, and I would rise in support of the Amendment."

Speaker Steczo

"Is there any further discussion? All those in favor of the adoption of Amendment #10 will signify by saying 'aye'; those opposed by saying 'no'. In the opinion of the Chair the 'ayes' have it. The Amendment is adopted. All those in favor of the adoption of the Amendment will signify by voting 'aye'; those opposed by voting 'no'. The voting is open. The Chair recognizes Representative Black to explain his vote. Mr. Black."

Black

"Thank you very much, Mr. Speaker. I don't know who over there asked for the Roll Call, but I won't pursue that question according to the Rules. There is a timely fashion in which to request a Roll Call. But be that as it may, you know, in the closing hours of any Session people on your side of the aisle and my side of the aisle negotiate things and maybe we're not always in the loop as much as we would like to be, but if all 118 of us have to go to a Committee of the Whole on every Amendment to every Bill, you think we're down here a long time now, we'd never get out of here. I have faith in my side of the aisle who've negotiated this Amendment in good faith, as I do on the next Amendment having been negotiated in good faith with Representative Granberg on your side of the aisle. There is nothing inherently wrong with the process that we're about to do. I would urge a 'yes' vote. And there is no adverse impact on the pension system to any appreciable degree or these Amendments wouldn't be offered at this particular point. They have been negotiated in good faith and I urge a 'yes' vote."

Speaker Steczo

"Have all...have...have all voted who wish? Have 74 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 all voted who wish? Mr. Clerk, please take the record. On this question, there are 94 voting 'yes', 12 voting 'no', 2 voting 'present', and the Amendment is adopted. Please record Representative Hicks as 'yes'. There are 95 voting 'yes', 12 voting 'no', and the Amendment is adopted. Any further Amendments, Mr. Clerk?"

Clerk Rossi

"Floor Amendment #11, offered by Representative Granberg."

Speaker Steczo

"The Chair recognizes Representative Granberg on Amendment #11."

Granberg

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #11, reflects an Amendment that was proposed before the Body yesterday. It's much more narrow in scope. It deals with the early retirement for the Chicago park districts. It's completely voluntary, no state money, and I would move for its adoption."

Speaker Steczo

"Is there any discussion? There being none, all those in favor of the adoption of the Amendment will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it. Any further Amendments, Mr. Clerk?"

Clerk Rossi

"Floor Amendment #12, offered by Representative Leitch."

Speaker Steczo

"The Chair recognizes Representative Leitch on Amendment #12."

Leitch

"I'd like to withdraw, please."

Speaker Steczo

"The Gentleman withdraws Amendment #12. Any further Amendments, Mr. Clerk?"

Clerk Rossi

"No further Amendments."

Speaker Steczo

"Third Reading. Mr. Clerk, please read the Bill."

Clerk Rossi

"Senate Bill 1024, a Bill for an Act amending the Home Rule Note Act. Third Reading of this Bill." 75 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993

Speaker Steczo

"The Chair recognizes Representative Turner on Senate Bill 1024."

Turner

"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. I'll ask that the Members give me their attention as I try to explain Senate Bill 1024. There are a number of provisions in this piece of legislation and I will try to do it, and I would like to do it only one time and not have to do it again. Amendment #2 is the Amendment which deals with the repeal of sanctions against South Africa. I'm sorry, that's Amendment #3. Amendment #2 deletes everything after the enacting clause and makes this a shell Bill. Amendment #3 is the language that contains some provisions in House Bill 1816 which was a Bill that was sponsored by Representative McPike. The Governor amendatorily vetoed the Bill. It had several provisions in it dealing with the Legislative Information Systems Act. It dealt with the Secretary of State in determining that the Illinois Administrative Code is published and made available to the public. It allows the Secretary of State to determine that his office will publish and distribute the Register Code. The information system shall computerize the complete text of the Illinois Register and the Illinois Administrative Code. And upon consultation with the Secretary of State and the Joint Committee of Administrative Rules, they shall make the database Register Code available to those who request it; and the monies that they collect shall be deposited in the General Assembly Computer Equipment Revolving Fund. The Register Code shall be in the public domain for the purpose of federal copyright. And so, that's what Amendment #3 does. Amendment #4 deals with the...it amends the Pension Code and the Illinois Purchasing Act, and it repeals the 76 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 following provisions which impose sanctions against South Africa. The Illinois Purchasing Act which provi...a provision which prohibits state agencies from purchasing products manufactured or produced in South Africa, and the Illinois Pension Code which prohibits the fiduciaries, with respect to a retirement system, more pension funds, from making any loans or investments with South Africa or any corporation organized under the laws of South Africa, or entity which makes investments with South Africa. And as we mentioned when the Amendment was first adopted, we encourage the pension systems and the Purchasing Act to try to do what they can to help the disadvantaged, mainly the minority or the majority people in South Africa who live there who currently are very disadvantaged and have been as a result of those sanctions. Amendment #5 is cleanup language for the Cigarette Tax and the Cigarette Use Tax. Basically, as I mentioned earlier, it's just cleanup language which has been approved by both. It includes language from Senate Bill 677 which was adopted this spring. It also deals with the downstate forest preserve district. And again, it is cleanup language there and that explains Amendment #5. Amendment #6 establishes the Early Retirement Program. Amendment #6 has been tabled. Amendment #7 has been...has been tabled, and 8 and 9 has also been tabled. Amendment #10, it expands military leave for certain downstate teachers so that they will be able to qualify in the...basically, it just expands their leave one...from two to four years, once they have signed up for the military. Amendment #11, is the early retirement plan for park district employees, for a couple park district employees, and that one has been approved by both the Chicago park district and those Members that are concerned. 77 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 And Amendment #...that's it. Amendment #11."

Speaker Steczo

"The Gentleman has moved for the passage of Senate Bill 1024. Is there any discussion? There being none, the question is 'Shall this Bill pass?' All those in favor will signify by voting 'aye'; those opposed by voting 'no'. The voting is open. This is final passage. Have all voted who wish? The Chair recognizes Representative Black."

Black

"Thank you very much, Mr. Speaker. To explain my vote. As often the case, there are things in this Bill that not all of us like. But I would call the attention to Members, Amendment #5, since so many newsletters have already gone out about the 'granny tax', without Amendment #5 in this Bill you're going to have a little trouble doing away with the 'granny tax' because that's the cleanup language to transfer the cigarette tax into the proper account. So those of you that want to vote 'no', that's fine with me, but just be careful that you haven't already sent out a newsletter indicating your great support to abolish the 'granny tax' when you vote against the very Bill that makes certain the 'granny tax', as we knew it last year, does not come back."

Speaker Steczo

"Representative Kaszak."

Kaszak

"Yes, Mr. Speaker, I just want to clarify that I'm voting 'present' because I have a conflict of interest on one of the Amendments, Amendment #11."

Speaker Steczo

"Representative Saltsman."

Saltsman

"I know I can't ask a question...debate. Will the Sponsor nod his head? Amendment 12 is off of this Bill? Thank you."

Speaker Steczo

"Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this 78 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day question, there are 107 voting 'yes', 3 voting 'no', voting 'present', and Senate Bill 1024, having received the required three-fifths Constitutional Majority, is hereby declared passed. On the Order of Senate Bill, Second Reading, on page 3 of the Calendar appears Senate Bill 684. Mr. Clerk, are there any Amendments?" November 4, 1993

Clerk Rossi

4 Clerk Rossi: "Amendments 1, 2, 3, 5, 6, 8, 10, 11 and 12 have been adopted to the Bill. No motions have been filed. Floor Amendment #13, offered by Representative Santiago."

Speaker Steczo

"The Chair recognizes Representative Santiago on Amendment #13."

Santiago

"Thank you, Mr. Speaker. I move to table Amendment #8 which I have been explained by legal council that there is a flaw in the drafting of the Amendment and replace it with Amendment #13 which I ask the provisions of Senate Bill 291 which passed the Senate by a margin of 55 to nothing and it passed the House by 106 to nothing. So, I move to adopt this Amendment."

Speaker Steczo

"Representative Santiago, did you also wish to table Amendment #8?"

Santiago

"Yes."

Speaker Steczo

"The Gentleman moves to table Amendment #8. Is there leave? There being leave, there's no objection. Leave is granted. The Gentleman has moved for the adoption of Amendment #13. Is there any discussion? There being no discussion, all those in favor of the adoption of Amendment #13, will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it, the Amendment is adopted. Mr. Clerk, any further Amendments?"

Clerk Rossi

"No further Amendments."

Speaker Steczo

"Mr. Clerk, is Amendment #2 on the Bill?"

Clerk Rossi

"Amendment #2 is on the Bill." 79 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993

Speaker Steczo

"Could you please read the numbers of the Amendments that have been adopted to this Bill, please?"

Clerk Rossi

"Amendment 1, 2, 3, 5, 6, 10, 11, 12 and 13."

Speaker Steczo

"Mr. Clerk, are there any further Amendments?"

Clerk Rossi

"No further Amendments."

Speaker Steczo

"Third Reading. Mr. Clerk, please read the Bill."

Clerk Rossi

"Senate Bill 684, a Bill for an Act concerning prison industries. Third Reading of this Bill."

Speaker Steczo

"The Chair recognizes the Gentleman from Cook, Representative Laurino."

Laurino

"Well, thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 684 has become a series of Bills that were considered during the Regular Session and have been amendatorily vetoed by the Governor. They have been worked out in a very difficult process of compromising and to my knowledge, everything has been agreed upon. I move for the passage of Senate Bill 684 and ask for your favorable vote."

Speaker Steczo

"The Gentleman has moved for the passage of Senate Bill 684. On that question, is there any discussion? The chair recognizes the Gentleman from Vermilion, Representative Black."

Black

"Thank you very much, Mr. Speaker. An inquiry of the Chair. Is Floor Amendment #7 on the Bill or has it, in fact, been withdrawn?"

Speaker Steczo

"Mr. Clerk, Amendment #7."

Clerk Rossi

"Amendment #7 was withdrawn."

Black

"Is withdrawn? Well, if...let me address my question to the Chair. Why would Amendment #7 be withdrawn when it's a public health issue and this is the public health cleanup Bill?" 80 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day Speaker Steczo: who?" November 4, 1993 "Your addressing your question, Mr. Black, to

Black

"Well Representative Burke, it was his Amendment. The Naprapathic Practice Act. Why would it be withdrawn?"

Speaker Steczo

"Representative Burke."

Burke

"Thank you, Μτ. Speaker. Representative Black, it was withdrawn because your side asked that it be considered nongermane but I'd be very happy to..."

Black

"Was it so ruled?"

Burke

"No, because I understood that it was your intention to rule it not germane."

Black

"Well, we must have..."

Burke

"I withdrew it in an effort to save time yesterday but I would be very happy to get it back on there."

Black

"I would like to see it back on. I think it makes eniment good sense on this Bill."

Burke

"I'd like to see it go on anything in this stage of the game."

Speaker Steczo

"Mr. Black, any further questions about Amendments that are on the Bill?"

Black

"Well, I can't remember if I voted to withdraw the Amendment or someone on the prevailing side, I'd make a Motion to reconsider it. It makes good sense to me to put it on this Bill where it belongs. There must have been a semantic misunderstanding about the definition of naprapath when we wanted to withdraw it. I'd like to see it back on but I don't know how to do it."

Speaker Steczo

"Mr. Black, the Bill is on the order of Third Reading."

Black

"Oh. Well, could the Sponsor be, you know, could Representative Laurino take it back to Second?"

Burke

"Mr. Speaker, I'd ask for a ruling of the Chair with 81 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 respect to the germaneness of Amendment #7. I'd ask that the Amendment #7..."

Speaker Steczo

"Mr. Burke, Mr. Burke, at the present time, the Bill is on the Order of Third Reading. So, the time for questioning germaneness of Amendments and adopting Amendments has passed."

Burke

"We're out of order entirely, then."

Black

"Well, would the Sponsor be willing to take the Bill back to Second to add Amendment 7? We have no objection to the Amendment. I, there must have been a semantics problem with it."

Speaker Steczo

"Representative Laurino."

Laurino

"Well, Mr. Speaker, due to the conciliatory nature of the other side of the aisle asking for some benevolence on Representative Burke's part relating to Amendment #7 to House Bill (sic - Senate Bill) 684. It's my understanding that there would be an undo time waste concerning the printing of the Amendment and so we're just going to try to run with the Bill the way it is because of the nature of the time of the Legislature at this present time."

Speaker Steczo

"Please proceed with your explanation of the Bill. Mr. Clerk, the Bill has been read a third time? Please read the Bill a third time."

Clerk Rossi

"Senate Bill 684, a Bill for an Act concerning prison industries. Third Reading of this Bill."

Speaker Steczo

"Representative Laurino."

Laurino

"This was a series of amended, Amendatory Vetoed Bills that had been considered during the Regular Session and due to the nature of explaining them, they were all done yesterday. I just move for the immediate consideration and adoption of Senate Bill 684."

Speaker Steczo

"The Gentleman has moved for the passage of 82 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 Senate Bill 684. On that question, is there any discussion. There being none, the question is, 'Shall this Bill pass?' All those in favor will signify by voting 'aye'; those opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 110 voting 'yes', 2 voting 'no', none voting 'present' and Senate Bill 684, having received the required three-fifths Constitutional Majority, is hereby declared passed. There will be a Rules meeting in the Speaker's Conference Room immediately. So, if the Members of the Rules Committee would report to the Speaker's Conference Room immediately. Supplemental Calendar #1 appears under the Order of Conference Committee Report, appears Senate Bill 498. The Chair recognizes Representative Gash."

Gash

"This is a Second Conference Committee Report on Senate Bill 498 which is basically the same as yesterday but adds in a couple of things. On page 4 of the Second Conference Committee Report, 35 Illinois, well basically what it does is, county boards and counties that have been designated as major disaster areas by the President or by the Governor can postpone the date when property tax installments shall become due and can exempt from any such installment from the interest penalties for late payment until the postponed delinquency date comes due."

Speaker Steczo

"The Lady has moved for the adoption of the Second Conference Committee Report on Senate Bill 498. On that question, is there any discussion? The Chair recognizes the Gentleman from Vermilion, Representative Black."

Black

"Thank you very much, Mr. Speaker. Will the Sponsor yield?" 83 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day

Speaker Steczo

Black: Gash:

Black

"She indicates she will." November 4, 1993 "Representative, we have now before us the Conference Committee that has the...yesterday, there was a legitimate question of a date as to when the property taxes due and payable could be held in advance. This is the right, this has got the '93 year language in it. Is that correct?" "Right, yes." "Okay, now I think that is an important point. Let me ask you a question that, that I've had calls from in my district and my district was not impacted by the flood. Could you explain to me the unemployment insurance rates, how that might impact an employer in my district who struggles with those rates. I'm not sure I understand how we're going to put all of the costs and I understand what you're trying to do here and I'm not opposed to it, but I don't know how to answer my employers as to whether this idea of spreading the unemployment insurance costs over all businesses of the state to assist those in the flooded areas. What could be the impact on a business on my side of the state, completely on the other side of the state?"

Speaker Steczo

"Mr. Black, have you finished your questioning?"

Gash

"From what I understand...I'm sorry. Do you want the answer? Can I answer that?"

Speaker Steczo

"Representative Gash, would you wish...care to Gash: answer Representative Black's question?" "Yeah, from what I understand, the Department of Employment Security rounds the unemployment rate to the nearest one-tenth of one percent. So, the rates on employers would be relatively inconsequential. Many employers would never see anything at all. This is why I understand business has agreed to this."

Black

"Okay, that was what I was trying to get to. I just 84 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 haven't, I must be honest with you, I haven't heard from the Chamber or the IMA as to what the potential impact might be on a business and I can understand we're trying to share the pain."

Gash

"They are supportive."

Black

"But, I just talked to the Representative from the Illinois Department of Employment Security and he tells me the figure I'm looking at, which would be the maximum rate, would be the maximum rate that would impact those businesses in the flooded area if we didn't share the cost. So, my fear was it would be impacting my employers to the maximum rate, which for some of them, would be a tremendous cost and he just cleared that up for me. I appreciate your patience."

Gash

"Yeah, this is supported by the Retail Merchants, by the Chamber of Commerce and by the Illinois Manufacturer's Association."

Black

"Okay, alright, thank you very much, because I think that is an issue tha that I certainly need to be able to go back home and tell my employers..."

Gash

"Right."

Black

"...and I appreciate your patience and Mr. Hughes' in getting that straightened out. Thank you."

Speaker Steczo

"Is there any further discussion? There being none, the question is, the Chair recognizes the Lady from Cook, Representative Murphy." Murphy, Maureen: "Will the Representative yield for a question?"

Speaker Steczo

"She indicates that she will." Murphy, Maureen: "Thank you. Representative, I would like to clarify the differences between yesterday's First Conference Committee Report, which we are not acting on, but today's Second Conference Committee Report and 85 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 the...what is the underlying difference between those two reports that we should be aware of?"

Gash

"Page 4 of the Conference Committee Report, 35 Illinois Compiled Statutes, 200/21-40." Murphy, Maureen: "Pardon me, would you... Mr. Speaker."

Gash

"The basic difference is, that it includes certain property tax relief provisions for affected areas." Murphy, Maureen: "Okay, but there is a variety of dates that are different from yesterday's reports so, we cleaned up the dates. What other problems have we solved since yesterday?"

Gash

"It's a tightening of language that clarifies that this is for '93." Murphy, Maureen: "All right. Okay, is the First Conference Committee Report void? Is it available, does it exist?"

Gash

"Excuse me?" Murhpy, Maureen: "What happened with the First Conference...what is the status of the First Conference Committee Report?"

Gash

"It's gone." Murphy, Maureen: "Okay, so, yesterday when we heard that it was okay, it really isn't? So, today's is the second version of the Conference Committee Report. It is about the 1993 flood and are there any other big changes that we should be aware of?"

Gash

"No, there are not." Murphy, Maureen: "Okay, okay. Well, at any rate, I also wanted to know if there is someone that can, can you speak to Amendment 5, that was adopted?"

Gash

"Amendment 5?" Murphy, Maureen: "Never mind, I see, I have a current analysis on this. Thank you."

Gash

"I think that passed the House unanimously." 86 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 Murphy, Maureen: "It was agreed? It was part of the Conference Committee Report. Alright, thank you so much."

Speaker Steczo

"Is there any further discussion? There being none. The question is, 'Shall the House adopt the Second Conference Committee Report on Senate Bill 498?' All those in favor will signify by voting 'aye'; those opposed by voting 'no'. This is final passage. Voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 114 voting 'aye'. Representative Ryder to explain your vote."

Ryder

"Thank you, Mr. Speaker. I just want to indicate to the House that today when we've had language changes that identify that this Bill is adopted to the 1993 flood, when we have the correct citations within the Bill, when we have a Bill that's in it's correct form, that you have unanimous support for this Bill, the language, and for those of us that come from the areas that were ravaged by the flood. I thank the Illinois General Assembly and the people that worked on this Bill because now we have a Bill that works. Yesterday's Bill did not, today's does."

Speaker Steczo

"On this question, there 114 voting 'yes', none voting 'no', none voting 'present', and the House does adopt the Second Conference Committee Report on Senate Bill 498, and this Bill having received the required three-fifths Constitutional Majority, is hereby declared passed. Committee Reports."

Clerk Rossi

"The Committee on Rules has met in pursuant to Rule 14(a)5, House Bills amended in the Senate recommends consideration and the following Bill be placed on the Order of Concurrence, House Bill 2082. Signed, Frank Giglio, Chairman."

Speaker Steczo

"On the Order of Senate Bill, Second Reading on 87 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 page 3 of the Calendar appears Senate Bill 766. Mr. Clerk, are there any Amendments?"

Clerk Rossi

"Senate Bill 766. Floor Amendment #2, offered by Representative Dart."

Speaker Steczo

"The Chair recognizes Representative Dart on Amendment #2."

Dart

"Withdraw Amendment #2, please."

Speaker Steczo

"Amendment #2 is withdrawn. Any further Amendments, Mr. Clerk?"

Clerk Rossi

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

Speaker Steczo

"Representative Dart on Amendment #3."

Dart

"Withdraw #3 as well."

Speaker Steczo

"Amendment #3 is withdrawn. Mr. Clerk, any further Amendments?"

Clerk Rossi

"Floor Amendment #4, offered by Representative Dart."

Speaker Steczo

"Representative Dart on Amendment #4."

Dart

"Thank you, Mr. Speaker, Members of the House. This is Amendment #4 to Senate Bill 766 is the revised version of House Bill 2397, which virtually everybody in these chambers has heard a lot about. This is a Bill which everybody in these chambers already voted on and they voted unanimously just as we voted, as it was voted unanimously in the Senate and sent to the Governor's desk. This Bill has had...gained a lot of attention. This Bill has never claimed to be nor do I claim now, this is going to answer all the problems of the Department of Children and Family Services. It would be insane to make that, but it makes a very positive step forward to bring some sanity into an otherwise, crazy system that we have going right now. There's been a lot of rhetoric about this Bill. There are 88 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 a lot of people who have concerns one way or the other. There's no evil people involved here. There is people with some different opinions. Twenty three ninety seven, as we passed out of here unanimously, was subsequently gutted by the Governor. The Governor's office and the departments stand opposed to this Bill as it is in its amended form. The Bill was not overridden so that we could take a step back and try to accommodate some people's concerns that they had about the Bill. As a result of that, I ask for, and we held a meeting with the different concerned parties as far as what they thought needed to be done with this Bill. There was other Members of the General Assembly who were present at this meeting and during the course of it, two different sides became involved with this. At that time, there was a request that both sides submit their versions to what they thought the best Bill would be. Unfortunately, nobody sent me anything. As a result of that, what I did was then took their suggestions which they put in writing, as to what would make this a better Bill. I put those suggestions into this Bill along with recommendations made by the Tribune and the Sun Times. This is a very responsible piece of legislation that we have in front of us right now. This is a result of numerous suggestions from people and input from different sources. This Bill deals with a program called Family First. A lot of people have heard a lot about Family First. It's a program which we use in this state right now which is a method of trying to keep families together. It's an admirable program. However, if it's used improperly, it's a deadly program. Unfortunately, in our state, we have had numerous incidents where children have been severely harmed and in some 89 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 It is a situation sources. incidents, killed under this program. that has devoted a lot of attention from numerous Right now, this program was the subject of a one million dollar study done by this state. We blew a million dollars to study this program and here is the study right here. This is it and the long and short of it is, is the study shows that the program that we have in effect does not work. To quote the New York Times which wrote a front page article on this, they said, 'The largest and most rigorous study of the program was a three year evaluation of 1600 Illinois families that was completed recently. It found no evidence that the program saved money or prevented the splintering of troubled families in which parents have been reported for mistreating their children. Researchers from Chapan Hall Center for Children and the University from Chicago, concluded that Illinois family preservation program helped some families cope with concrete problems related to poverty like eviction notices, collapsing ceiling or balky welfare department, but did not fundamentally change family relationships. Several influential child welfare experts from both liberal and conservative camps say the wanted notions of what family preservation can accomplish should be sharply scaled back'. That's what this Bill does. This Bill tries to put some sanity into this program. This Bill as it is amended will do one thing and one thing only, and that will say that if you have raped, if you have murdered, if you've disfigured, if you have tortured or you have dismembered a child, we are not going to give you money just like that. This says prior to you getting these family preservation services, you have to come in front of a court. And the court's going to look at it and decide whether or not that's an 90 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 appropriate decision. Family preservation right now as it operates, a caseworker receives a phone call, they will go to the house and they will look over the situation and that caseworker will determine what to do with the case. Presently, if there's been a rape in the house, the caseworker on their own initiative, that one overworked caseworker can decide, let's leave the kid in the home and let's put a homemaker in there. That's what family preservation gives you. It gives you a homemaker, it can give you rent supplements, it can give you taxi fare. How that could solve a situation where you have a rape or murder or torture of a little child is beyond me. It makes no sense at all, all the studies show that. This Bill is narrowly defined to deal with those very, very serious cases which I have just mentioned. This is approximately a $21 million program that we have in this state. It's $21 million that our $1 million study shows is a flop. This is...it's trying to bring some sanity into this. As I mentioned before, this is a Bill that's been redrafted to try to narrow it. There are numerous concerns raised and that's why it was redrafted. The major concerns were case overloads and a forty-eight hour period of time in which to bring a case into the court system. For starters, the caseloads were dramatically narrowed to where this Bill will now affect approximately eight-hundred children. So, this Bill will protect only about eight-hundred children. They're eight-hundred deserving children. The question here though, its been framed in numerous ways, but any way you look at it, it comes down to a question of where are our priorities? The child who was raped or a child who was murdered, is that a priority enough where we want to give that extra attention? I think most people would agree it 91 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 is. That's what this Bill says and this is what it does. There's numerous people that have talked on and on about this Bill and I'm not going to go on much longer about this but they have made numerous statements about we should wait, we should wait on this. Well, let me tell you, Ladies and Gentlemen, since we passed this unanimously last time and have sat down and done nothing with it, there's been over fifty children who have been harmed on this program. They have been harmed because they're inappropriately designated for this program. We are in a crisis situation. Everyday you pick up the paper, you see DCFS on the front page. There's problems here. We cannot keep waiting and waiting and waiting. People wave around the Joseph Wallace report and all the other things. Well, the Joseph Wallace report does make some criticisms about the system and the report itself has been criticized widely as well. It says the system is broken and it needs to be fixed. That is an understatement. It blames many people for their roles in the Joseph Wallace case. This Bill is not directed to Joseph Wallace incident but it's been brought up in that context numerous times. The bottom line is the report which evaluates Joseph Wallace showed the flaws in here, in a system where you have one caseworker who is making a large decision about a child's life. The people who are saying we should wait, we should wait, we can't wait any longer on this. They say the system's messed up, so, what do we do? Do we abolish the juvenile court? No. Do we abolish DCFS? No. We try to fix it. This is what this is trying to do here. People say that we should not be trying to tinker with this, that there is too many problems with this. That's not the case. Our criminal system is a mess, so, are we going to abolish it 92 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 and start using street justice and have a police officer make all the decisions? That is basically what is occurring right now under the system that we have now. We have one caseworker who everyone admits is overworked making this life or death decision for a child. All we're saying here is, bring it into court where that child can have an attorney, where that child's parents can have an attorney, where everybody can sit there and have all of their concerns addressed instead of having one caseworker do it. People have commented about waiting for the Task Force to come back on this. I ask you, how many Task Forces do we have presently going on here? How often do they agree? And more importantly, how often do we act on their recommendations? Do people here recall the Task Force on school funding, maybe? Does that ring a bell, on how that we can deal with school financing and the recommendations about that. Where's that Task Force report? It's sitting on a shelf, that's where it's at and that's why we're here on right now on the Chicago School crisis. And if we wait any longer on this crisis, it's going to be even worse. We can't wait any longer on this and I would urge for the support of this Amendment and it's passage and I welcome any questions."

Speaker Steczo

"Gentleman has moved for the adoption of Amendment #4. On that question is there any discussion? The Chair recognizes the Lady from Cook, Representative Currie."

Currie

"Thank you, Speaker, and Members of the House. I share the prior Speaker's sense of urgency on this issue of child abuse and neglect. But, I would urge the Members of this House not to take the action that he suggests today. For, in my view, the provisions of Amendment 4 to Senate Bill 93 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 766 will only make a bad situation worse. Let me point out the problems with this measure. First of all, there is a forty-eight hour period during which the state's attorney and others must come to court to make the case. In forty-eight hours, it may not be clear whether the rape happened because of a baby sitter, some unrelevant person to the family and in that situation, under this Bill, it may turn out that the child is, in fact, taken from the home where the child belongs. More importantly and at least as relevantly, it may develop that it's not possible to present evidence that says the child should be removed from the home in this forty-eight hour period in which case, this Bill may force back into unsuitable household arrangements the very children that we are most anxious to protect. There's no doubt in my mind that the Sponsor of this measure is well intentioned. Unfortunately, these intentions take us down a garden path through which we think we've helped solve a problem when, in fact, we're only making a bad situation worse. Last week, an independent committee appointed by the Chief Judge of the Cook County Courts, Judge Cummerford, reported back about the many problems in our ability to deal with child abuse and child neglect. Every actor in the system came in for a share of the blame. But, one of the points that that committee report made, is that we are clogging the courts with the kinds of cases that judges are not well positioned to make. This effort will further clog those courts. It will take caseworkers already overworked and overburdened, out of the homes. They will be spending their days in the courtroom. Judges are not going to be able to make decisions based on their independent understanding of the cases. They need information from the social workers. 94 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 That committee report, I think, gives us a basis for finding long-term solutions to this problem. I would urge us to defeat this Amendment, give us the opportunity to work through the committee recommendations toward a solution that is a solution, not a fast stab at trying to solve some real and serious problem. I hope you will join me and the child advocacy organizations that include voices for Illinois Children, United Charities, the League of Women Voters of Illinois, the Catholic Conference of Illinois, Lutheran Social Services, the Child Care Association, the Legal Assistance Foundation, the American Civil Liberties Union and saying 'no' to this Amendment today SO we can get about the serious and hard work of establishing a system that will work to protect all of our children. Speaker, I hope that I may ask for a Roll Call Vote on this Amendment."

Speaker Steczo

"The Chair recognizes the Gentleman from Macon, Representative Dunn."

Dunn

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. I too, rise in opposition to the Amendment. There are a large number of us and I suspect the number is really 100% of us who, as Members of this Body, have as our goal to do what is best in the interest of the children of the State of Illinois. It seems to me after listening to the debate on this issue both in here, back home and out on the rotunda, that those who are professionals in this area are also clearly interested in what is best for the children of the State of Illinois. Unfortunately, however, there is disagreement and not just disagreement but disagreement among those who are professionally spending their lives and their vocations by trying to make life better for the children of the State of Illinois. When the professionals 95 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 disagree, it is probably wise for us to pause and reflect and see what the problem is, see if the professionals can iron out their differences and see if we can then make certain that we do what is best for the children of Illinois. Precipitous action at this time is not in the best interest of the children of Illinois and professionals who are working day to day with our children agree with that viewpoint. The previous speaker has listed those agencies and in that list of agencies in that menu of professional child care organizations is almost every child care organization in the State of Illinois and all of those organizations have chapters or associations in your home community and they oppose this Amendment. They don't oppose action, they oppose this Amendment because it is precipitous at this time. What they want to do is to work this problem out, work it out properly so that when action is taken it will be for the benefit of everyone, not only in Cook County but throughout the State of Illinois. So, unfortunately, respectfully I rise and urge the Members of this chamber to defeat this Amendment at this time and go back to the drawing board and stay there until the job is done and done correctly. Please, defeat this Amendment at this time."

Speaker Steczo

"The Chair recognizes the Gentleman from Vermilion, Representative Black."

Black

"Yes, thank you very much, Mr. Speaker. I have an inquiry of the Chair. If the Chair can bring me up to date. Amendment #1, 2 and 3 have been withdrawn from the Bill, correct?"

Speaker Steczo

"That is correct."

Black

"We are considering Amendment #4, is that correct?"

Speaker Steczo

"That is correct." 96 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993

Black

"What effective date is on Amendment #4?"

Speaker Steczo

"Mr. Clerk. Mr. Black, there is no effective date on Amendment #4."

Black

"All right, all right. I should have known that. I apologize. Then Amendment #5, I assume, I haven't seen it would have an immediate effective date?"

Speaker Steczo

"That is true."

Black

"And so that would require a vote of 71 Members, correct?"

Speaker Steczo

"On Third Reading."

Black

"On Third Reading. The Bill has been read a second time, am I correct in my assumption? What I'm getting at..."

Speaker Steczo

"That is correct."

Black

"So, the Bill could move to Third today?"

Speaker Steczo

"Correct."

Black

"All right, thank you. I...I...thank you very much, Mr. Speaker, and Ladies and Gentlemen of the House. I think Members on your side of the aisle have eloquently pointed out some of the flaws in the Bill. I certainly do not question the Sponsor's intellectual honesty in trying to do what he is attempting to do. I, under most circumstances, would probably join with him in this attempt. But, I think as you have heard from Representative Dunn and Representative Currie, many, many agencies that have spent years trying to protect children in this state are concerned about this Bill. They feel it has enough flaws in it that it will not help the situation but, in fact, may hurt the situation. As the Sponsor said earlier, we all have read about this. I think we all know our feelings on it and perhaps we don't need to debate it for the next hour. So, for that reason, I will simply state that I, while I respect the Sponsor's intentions, I intend to vote 'no' and Mr. Speaker, we would want a Roll Call Vote on 97 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 this Amendment and certainly on the succeeding Amendment and should the Bill get a requisite number on the final passage, I'll request a verification."

Speaker Steczo

"The Chair recognizes the Gentleman from Cook, Representative Schoenberg."

Schoenberg

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I will keep my remarks brief at Mr. Black's request but, I would like to read one excerpt from the report issued by Judge Cummerford, which is as follows, and I quote, 'social work should be done by DCFS with recourse to the courts only for the enforcement of actions affecting the rights of children'. That is removal or return to custody of their families and termination of their rights of natural parents. The Cook County public guardians beligerent attitude towards juvenile court judges opposing council and DCFS has created an atmosphere in which few cooperate in seeking the best interest of the child. There's been considerable discussion off the floor that perhaps one option that we might find attractive would be a multidisciplinary approach to this problem. Many people on both sides of this particular issue would find it to be amenable, but we need the opportunity to work it out and that means we need the time. I was in attendance at the meeting which Representative Dart convened as was Representative Currie, Representative Cross and Representative Flowers, along with people from the advocacy organizations and other interested parties. People who opposed Representative Dart, were given less than twenty-four hours to respond in order to help fashion a compromise measure. With all due respect, that's hardly adequate time and if, in fact, we are going to pursue a multidisciplinary course, whether it's through a House 98 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 Subcommittee, whether it's through a Governor's Task Force, we should do it right if we are going to do it at all and I would urge you all to vote 'no' on Amendment #4."

Speaker Steczo

"The Chair recognizes the Lady from Cook, Representative Schakowsky."

Schakowsky

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. All of us were concerned with the death of Joseph Wallace, but let's be clear. Under this Amendment to Senate Bill 766, Joseph Wallace would have died. The Joseph Wallace case did go to court and, in fact, this report that we've been referring to says, 'Joseph was the subject of twenty-eight juvenile court hearings', an average of one every six weeks. And the recommendation of this Task Force, they say, we oppose the wholesale expansion of the juvenile justice system in Cook County until systematic remediation is undertaken. We do not subscribe to making a bad system larger. Senate Bill 766, does not represent a compromise. However, all of the groups who care about this issue, who are the experts in this issue are anxious to achieve a solution. They are willing to sit down and develop one. This Amendment is not that solution. I urge a 'no' vote."

Speaker Steczo

"The Chair recognizes the Lady from DuPage, Representative Biggert."

Biggert

"Thank you, Mr. Speaker. A point of order. Is this Amendment germane to the Bill?"

Speaker Steczo

"Please, restate your question, Representative Biggert"

Biggert

"It was a point of inquiry. Is this Amendment germane to the Bill?"

Speaker Steczo

"We will get a...provide an answer for you momentarily. Representative Biggert, did you have comments 99 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 or questions beyond the inquiry?"

Biggert

"Yes."

Speaker Steczo

"Please, proceed."

Biggert

"In the case that it is germane, I would like to speak to the Amendment. I voted for House Bill 2397 but, I now oppose the Bill as it is in Senate Bill 766. I was part of the subcommittee of the Judiciary I Committee which has been traveling around the state making site visits. It started out in Metro East then Rockford, Aurora and Chicago. In speaking to the judges and the court personnel, state's attorneys, they were very concerned about this Bill and said that it was unworkable. You've heard there were various professional agencies who have been opposed to it but it was also the court personnel that said that it just won't work. And I do respect the Sponsor of this Amendment for really trying to solve a problem but, it's not solved yet. It needs a lot more work and for that reason, I oppose this Amendment."

Speaker Steczo

"The Chair recognizes the Gentleman from St. Clair, Representative Hoffman."

Hoffman

"Thank you, Speaker, Ladies and Gentlemen of the House. Like Representative Biggert, before me, I was also and fortunate to be co-chairman of the subcommittee, the Judiciary Committee. We've been to the pediatric units in hospitals in Rockford, the pediatric units in Aurora, Cook County Hospital, St. Mary's in East St. Louis and what you see...what you see when you go to those places is something that shows you that we don't have time to wait. We don't have time to continue to have Task Force meeting after meeting because when you go to these pediatric units, you see children who have been shaken, shaken so badly that they have tubes coming out of them every which way. You 100 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 see children whose legs and arms have been broken. You see children who have been dumped in scalding hot water to the point where they're totally disfigured. What does this Bill do? What does this Bill do? It's very simple and it's very limited. It simply says, in cases involving death, disfigurement, dismemberment, torture and sexual abuse of children, that we aren't going to spend state dollars, state dollars on those families without having some type of outside accountability. We're not saying you can't be in Family First. We're not saying you can't still get family preservation money. All we're saying is, somebody's going to look at these cases in these limited situations. What do we do now? If you, right now, if you dump your child in scalding hot water, you know what can happen? You can go to parenting classes. That's what you get. You know what happens if you dismember your child? You know what happens? You can get cab fare to go have psychological treatment. You know what happens and what you get? You get home services if you sexually abuse your child. We're saying you can get those services but we're going to have outside accountability. That's what this brings. It brings outside accountability. Nobody here, nobody here really believes that the program is working now. We don't have time to wait. Nobody has really talked against the merits of the Bill, everybody says we must wait. We must study. We can't keep studying. We got to do something for the children of this state and I ask for an 'aye' vote."

Speaker Steczo

"Representative Biggert, in response to your question, the Chair has reviewed the Amendment and has determined that it is germane to the Bill. The Chair recognizes the Lady from Cook, Representative Flowers." 101 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993

Flowers

"Mr. Speaker, Ladies and Gentlemen of the House. I too rise in support of Senate Bill 766. We're talking about eight-hundred cases across this state. We're talking about four-hundred of them being in the County of Cook. We're talking about children's lives, Ladies and Gentlemen. We're talking about two sets of rules. Ladies and Gentlemen, Senate Bill 766 pertains only to severely, physically, abused kids where there is death or either disfigurement, dismemberment, torture or sexual abuse. If I as an adult was sexually abused, would you send me back to the person that abused me? No. That person will be locked up and placed in jail. But, with a child who cannot speak for themselves, they are depending on us as adults to protect them. We are merely asking that you please take into consideration that everybody that's a parent does not love and care for their children. I would like to take this opportunity to read to you an excerpt out of the Readers Digest and it gives three examples and I wish you would please be patient. In one apartment, there might be a single woman in her mid-twenties with two kids struggling on a meger welfare check to keep the kids dressed clean and in school. Down the hall is a family of six. Mom works as a maid and dad remains unemployed despite months of looking for a job. At the end of the hall, there's a heavy crack/cocaine user with three kids. Her boyfriend is on drugs and he is a supplier. He gets angry with the kids, he beats the kids, they lock the kids up for hours at a time and they go off and leave them alone. The state decides to make life easier for one of these families. Which family do you think the state decides to make life easier for? Not for the mother that's struggling to take care of her kids, not for the mother and father that's 102 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 struggling to take care of their kids, but the state is going to make life easier for the mother and the boyfriend who's on coke, crack and cocaine who are beating and abusing their children. And in that, Ladies and Gentlemen, they will provide these people with homemakers. They will provide them with house cleaners. They will take them grocery shopping. They will even give them $800 for security on a new apartment. They will pay their first month's rent. And this is what we call family preservation. By whose definition is that a family? What we're doing here, Ladies and Gentlemen, we are creating an incentive for people to go out there and abuse and neglect their children. We are paying them not to love them but you can only get help if you sexually abuse, if you torture, if you disrespect, if you cause any harm to your child. Again, Ladies and Gentlemen, we're only talking about eight hundred cases in the State of Illinois. Eight-hundred kids are depending upon us to vote 'yes' to bring their case before a judge and other people and not to have a DCFS caseworker with no social background at all, to bring these cases before a panel of people and decide whether or not this child should remain in this environment. That's all we're asking. Would you please support us and eight-hundred kids across the state with Senate Bill 766. Thank you very much."

Speaker Steczo

"The Chair recognizes the Lady from Cook, Representative Parcells."

Parcells

"Thank you, Mr. Speaker. Ladies and Gentlemen, I rise in opposition to Amendment #4 in a bipartisan effort here. This Bill is still conceptually flawed. As Representative Schoenberg pointed out, the people were asked for input but they were given less than twenty-four hours, so, you can 103 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 hardly say that there was really a request for agreement on this Bill. In this Amendment, there would still be unnecessarily, there will still have unnecessarily forced inappropriate cases into the juvenile court. People who shouldn't be going to the court would be forced into court. A parent who is not responsible for the harm to a child may still be required to come into court before support of services can be provided. Moreover, the parent and the caseworkers must return for even the slightest change in the type of services rendered. Now, this is ridiculous. We are going to be dragging these caseworkers and the parent; let's say the perpetrator is gone, he's out of the home. We're going to drag the mother, we'll say could be father, but the mother and the case worker back to court, our already overloaded courts and have them sitting around. Our caseworkers who are overloaded already will be sitting around all day waiting to hear cases that are need not be called. These are cases where the mother needs these services in the home and the perpetrator is long gone. As Representative Schakowsky pointed out, Joseph Wallace case wouldn't have been any different. This would have happened. The judge sent Joseph back to his home. That was sort of the instigation of this Bill. We all agree something should be done but, we need a bigger effort from more people. What we've got here is not a correct approach to this problem. We should wait until we can get real agreement from all the groups that you've heard. There's eight or ten groups here, voices of children, Catholic Conference of Illinois, United Charities, the list goes on and on. All of these people are opposed. Their input should be sought and used in an effort that we make. Let's not do it wrong. Let's not compound what is already a bad 104 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 system by making it worse and I ask you to oppose and vote against Amendment #4 to Senate Bill 766."

Speaker Steczo

"The Chair recognizes the Gentleman from St. Clair, Representative Flinn."

Flinn

"Finally, Mr. Speaker, I move the previous question."

Speaker Steczo

"The Gentleman moves the previous question. The question is, 'Shall the main question be put?' All those in favor signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it and the main question is put. Representative Dart on Amendment #4 to close."

Dart

"Thank you, Mr. Speaker. To address the previous Speaker's concerns. She was reading from a fact sheet that was sent out prior to the Bill being amended. All those concerns you've brought up were answered by the Bill. A careful and a cursive look at the Bill will show each and every one of those things you brought up has been answered. More importantly, the outrage of this whole thing is that people sit around here talking about waiting, waiting, waiting while kids' lives are at balance here. We negotiated this thing for ten months and these people run around here talking about being given twenty-four hours. That's a lie. I have the memo here that was sent to them. I had other Members sitting in this meeting with me when I asked these folks to send me their concerns and their problems with the Bill and I asked them, let's get the ball rolling so we can work out something and they sat there and told me they were going to send me something. They didn't send me anything. I asked them to get it going, get it to me in twenty-four hours so we can start negotiating. They sent me nothing. I didn't give them a twenty-four hour deadline. That's an outrageous lie. We have worked and worked and worked on this Bill. This Bill has been negotiated more than any 105 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 Bill has been negotiated around here in a long time. For about ten months on virtually everyday, we met with the Governor's Office and went through these things. This is not something that was rushed to judgement at all. No one has said this is going to solve the Joseph Wallace case. All we are saying is bring some sanity in this system. Saying we're going to rush to judgement and make this system work worse. Is that possible? This system is a disaster that we have here and as long as we keep shuffling money and throwing money at people who rape and murder their kids, the system is not going to get any better. This has been something that has been negotiated, has been thought over long and hard and worked with everyone of these groups that you talked about. Their input was sought. The concerns you brought up, they were responded to. They put them in writing and I responded to all of those. They just don't want anything done right now. DCFS was the same people that came in here and opposed our best interest Bill which everybody loves SO much now. They opposed that too. They said, let's wait on that too. How much longer are we going to wait? We need this and we need this now. To put this off any longer is irresponsible. This has not been rushed to judgement. Every one of these groups you have talked about has been consulted in this thing. And to say that there was a twenty-four hour deadline opposed on them is an outrageous lie. We should vote for this and we should vote for doing something now. Stop putting this off."

Speaker Steczo

"For what purpose does the Gentleman from Cook, Representative Schoenberg seek recognition?"

Schoenberg

"Mr. Speaker, I seek recognition on a point of personal privilege. My name was used earlier in debate by 106 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 Representative Parcells. I'd like to read into the record portions of, and I will keep this all in context to perhaps give some perspective to the previous Speaker's remarks. This is a memo to Patrick Murphy of the Cook County Public Guardian, Ron Morman, the Child Care Association of Illinois, Anita Wineberg, the Legal Assistance Foundation of Chicago and Benjamin Wok, the Americal Civil Liberties Union. Dated October 20th. 'Thank you for taking the time to meet with State Representative Flowers, Cross, Schoenberg, Barbara Currie, and myself. In order to place legislation before the Illinois General Assembly amending House Bill 2397, my time table is as follows;'...this is dated October 20th. 'I'm requesting input suggestions for drafting legislation by noon on Thursday, October 21st. On Friday morning, I will fax the revised version of the Bill to those who provide me with input and recommendations. I will introduce the Amendment on Tuesday, October 26th with the intention to move the Bill'. In the response, the advocates of the child advocacy organizations have said, 'While we have every... Dear Representative Dart: In consultation with other Members of the coalition of organizations, we have worked together...'"

Speaker Steczo

"Representative Schoenberg, Representative Schoenberg, excuse me one second. For what purpose does the Gentleman from Cook, Representative Dart seek recognition."

Dart

"He's out of order."

Speaker Steczo

"The Gentleman has asked for a point of personal privilege but I would ask Representative Schoenberg to bring the remarks to a close."

Schoenberg

"Thank you, Mr. Speaker. The final excerpt that I wish to call your attention is that it indicates while we 107 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 have every intention of working cooperatively with you to craft responsible legislation, the time frames you outline in you fax memorandum of yesterday make this impossible. Our discussion on Tuesday, October 19th, 1993 should have made clear, the complexity of these issues and the attendant dangers of inadvertently making things worse for children through the adoption of imprecise or ill chosen legislative language."

Speaker Steczo

"The Gentleman has moved for the adoption of Amendment #34. All those in favor of the adoption of the Amendment will signify by voting 'aye'; those opposed by voting 'no'. Voting is open. The Chair recognizes Representative Lang to explain his vote."

Lang

"Thank you, Mr. Speaker. Perhaps no vote I've made on this floor is as painful as this 'no' vote. I have great respect for the Sponsor. He's worked very hard on this legislation. All of the series of Bills came before the Judiciary Committee and I voted for them at that time. But it's become apparent to me that adding more cases to an overburdened, unworkable system is not the way to move this along. In January, the Task Force should be coming out with it's report and also in January, the subcommittee which Representative Dart, Flowers and Hoffman and others are on should have it's report. And I think in January they can come up with a workable answer to this problem. DCFS from top to bottom needs to be repaired. The juvenile justice system from top to bottom needs to be repaired. Dealing with it in this way at this time won't do it. There was a crisis in May and it was said to us that we have to move this along because we can't wait until January. Well, now it's November. Now, we can wait until January. We must take care of the kids but we have to do 108 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 it in a comprehensive way and that will explain my 'no' vote."

Speaker Steczo

"Representative Hawkins."

Hawkins

"Mr. Speaker, Ladies and Gentlemen of the House, I believe that the vast majority of the judges in this state are eminently qualified to interpret the laws of this state. They are not, however, qualified to take over the child welfare agencies of this state. We must stop this trend of shifting our responsiblities to the courts and take our responsibilities. Any of the programs that are not working, we should deal with them here and not give them to the courts of this state for them to settle. I urge a 'no' vote on this Amendment."

Speaker Steczo

"Representative Lou Jones." Jones, Lou: "Thank you, Mr. Speaker and Members of the House. I rise to explain my 'no' vote because I am, ever since I've been in the General Assembly, I've been in support of children. And I've worked very close with DCFS and other groups. I cannot support this legislation because there are too many loopholes in this legislation that can hurt innocent people. I urge the Sponsor of the Amendment to...everyone sit down and let's look at the problem. We all recognize that the problem is there. This does not solve the problem and we should all always, we all should always remember that the courts gave Joey Wallace back to his mother, not DCFS. There is a problem with DCFS and I think that it can be resolved if we all work together. This is kind of radical and I think that a lot of innocent people and the other thing about it, it does not protect the child. To take a child out of a warm and loving home in forty-eight hours and not knowing at that time that that parent is guilty or that whoever lives there is guilty is 109 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 not hurting the child but helping it and I urge a 'no' vote."

Speaker Steczo

"Representative von Bergen Wessels." von Bergen Wessels: "Thank you, Speaker. To explain my vote, a lot of good intentioned people came to visit me and talk to me about this Bill and the Bill was limited to cover only the most agresious situations. Only the worst of situations would be going before the judge and many of times when folks talk to me, they talked about the overcrowding in Chicago's courts and they talked to me about judges not being able to take enough time on a case, that judges really didn't care in Cook County and that if you put even eight-hundred statewide more cases into the court system, they would have even less time to review a case. But, I have to vote with my district in mind. And in my district, we have a judge that started the Casa Program. And in my district we have a judge that took in a foster child, a cocaine baby who was blind and who was deaf because of the abuse and later adopted that child. And in my district we have a judge that requires every couple who are going, who is going through a divorce to go to counseling so that they understand the responsiblities that they have to their children. In my district we have judges that care. They may not be perfect but they care and I would trust them to give a second look to the most agresious situations. Children who have been disfigured, children who have been dismembered, siblings where there's been...another child that has been killed. Eight-hundred cases statewide. I trust my judges. I know that they can handle the situation with ethics and concern and professionalism and that's why I'm voting 'yes'."

Speaker Steczo

"Have all voted who wish? Have all voted who 110 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 wish? Mr. Clerk, please take the record. On this question there are 21 voting 'yes', 82 voting 'no' and the Amendment fails. Representative Bugielski wishes to be voting, voted 'no'. Please record Mr. Bugielski as 'no'. There are 21 voting 'yes' and 83 voting 'no'. The Amendment fails. Clerk, take the Bill out of the record. Supplemental Calendar #1, under the Order of Concurrence, appears House Bill 344. Representative Black."

Black

"Thank you very much, Mr. Speaker. There should only be one Amendment to this Bill. Is that correct, is there two? All right."

Speaker Steczo

"Senate Amendment #1 and Senate Amendment #3 I believe."

Black

"Right. Okay. Thank you very much. Mr. Speaker and Ladies and Gentlemen of the House. This is truly an issue that has involved a lot of bipartisan work, bipartisan support, to clear up a case of election law that I think all of you have read about. And with that, let me, let me relinquish my time to Representative Moffitt and or Representative von Bergen Wessels on either side of the aisle, I think who could explain this to us and I think all of you would need to vote for this."

Speaker Steczo

"The Chair recognizes...Mr. Black, before we proceed, what's the Motion? What's going to be the Motion?"

Black

"I believe if I have my facts straight, I don't have the Bill in front of me, that we would concur in the Amendments. So, I think Senate Amendment #3 becomes the Bill and that's what we're interested in. Be the Lydia Thorpe case."

Speaker Steczo

"Could we, could we hold the Bill for just a moment?" 111 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993

Black

"Absolutely."

Speaker Steczo

"Mr. Clerk, take the Bill from the record momentarily. Back on the Supplemental Calendar #1 on the Order of Concurrence, appears Senate Bill 344. Representative Black, what's your pleasure?"

Black

"Yes, thank you very much, Mr. Speaker, and Ladies and Gentlemen of the House. I would move to concur in Senate Amendment #1 and 3. Let me assure you that the title of this Bill has nothing to do with what the Bill will go to the Governor's desk. And for an explanation of what it does, perhaps you could listen to, or I could yield to Representative Moffitt and Representative von Bergen Wessels because I think we really need to take care of this in a bipartisan fashion."

Speaker Steczo

"Representative Moffitt."

Moffitt

"Thank you, Mr. Speaker. Thank you, Representative Black. I would like to talk just briefly about the best known registered voter in the State of Illinois, Lydia Thorpe, who has the distinction of being the only person in her precinct, in her particular legislative district. We've had several pieces of legislation attempting to solve this problem. As we know, she has been denied her Constitutional right to a secret ballot. This legislation would correct that problem because it simply would provide that the County Board at any meeting can correct the problem if there exists a census block with only one voter that the County Board can at any meeting then, change the precinct boundaries so it joins with an adjoining precinct that has more than one voter. Specifically what this would do would allow the Henry County Board to combine old precincts in Kewanee 6, 7, 8 and 10 or parts of those into two precincts, just 7 and 10. This way, Lydia Thorpe would 112 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 be in a precinct with other voters, her Constitutional right to a secret ballot would be returned. I would ask your approval on this Amendment because it will give back to this Lydia Thorpe, an eighty-eight year old resident of Kewanee, her right to a secret ballot. I think we all believe in that Constitutional right. I would ask your support. This passed the Senate by a vote of 57 to nothing...57 to 0, and I commend the bipartisan effort that we've had and I believe Representative Wessels wants to speak on this too."

Speaker Steczo

"The Chair recognizes Representative von Bergen Wessels." von Bergen Wessels: "Thank you, Speaker. The Bills that we passed earlier this Session that passed out of the Senate and the House with no 'no' votes and was vetoed by the Governor. It was vetoed because it moved Lydia Thorpe from one legislative district to another legislative district. At the time, there was some thought about possibly being able to redraw precinct lines but that was never fully brainstormed until the Governor's Veto. Thanks to Henry County Clerk, the Henry County State's Attorney and Carl Hawkinson, Senator Hawkinson. They went back to the drawing board and brainstormed the idea of simply changing a precinct line and that's what we have before you now. We believe that this would perhaps solve the objections that the Governor previously had in putting Lydia Thorpe in a different legislative district. She'll remain in her legislative district. The precinct line and the County Board will be able to redraw it so that she will be able to be put into a precinct with a...like voters and this solves problems in the future which is another very nice thing about this Bill is in the future, there is a map that has 113 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993 only one voter in a census block in a different district than everybody else in her precinct, she or he would be able to be moved. So, I think this is an excellent piece of work. We've worked very hard in a bipartisan effort all along to get Lydia's secret ballot back and we should all very proudly vote for this concurrence. Thank you."

Speaker Steczo

"The Chair recognizes the Lady from Kane, Representative Deuchler."

Deuchler

"Mr. Speaker, Ladies and Gentlemen of the House. Sherwin Schwartz, our former staffer over here in the Republican side always warned us about changing any aspect of this map that was so carefully crafted and drawn. I personally plan to vote 'no' because it just personally worries me that once you make an exception in one area, doesn't that open up the whole map to someone else questioning their district? Isn't there a serious constitutional question here? I am concerned about it. Thank you."

Speaker Steczo

"Representative Leitch."

Leitch

"Thank you, Mr. Speaker. Frankly, the wisdom in Senator Hawkinson's solution to this problem corrects and preempts the problem that the previous Speaker was identifying and I think that it is only unfortunate that we didn't think of this solution a long time ago and in doing so, avoid some of the heartache that this woman's had to go through. She is in my district, it is in my precinct that is the one that is in question and so I will bid her a fond a due and I hope Representative Moffitt will provide her great service. Thank you."

Speaker Steczo

"Is there any further discussion? There being none, Representative Black moves that the House does concur in Senate Amendments #1 and 3 to House Bill 344. The 114 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 question is, 'Shall these Amendments be adopted?' All those in favor will signify by voting 'aye'; those opposed by voting 'no'. The voting is open. This is final passage. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question there are 109 voting 'yes', none voting 'no', 2 voting 'present'. The House does concur with Senate Amendments #1 and 3 to House Bill 344, and this Bill having received the required Constitutional Majority, is hereby declared passed. For what purpose does the Gentleman from Vermilion, Representative Black seek recognition?"

Black

"Yes, thank you, Mr. Speaker. I have an inquiry of the Chair."

Speaker Steczo

"An inquiry, Mr. Black?"

Black

"Yes. Someone asked an hour or two ago about the qualifications to be a Representative, I think educational background. My concern is, Mr. Speaker in all seriousness, perhaps we could have someone from the Board of Elections come over and review residency requirements for all of us because my fear is, I've spent so much time in Springfield in 1993 that I'm afraid my voting address may have to be here. And I have some petitions that I'm interested in and I want to make sure I'm not jeopardizing those petitions."

Speaker Steczo

"Well, Mr. Black, the Chair will certainly try to take that under advisement."

Black

"If you would."

Speaker Steczo

"It's almost to the point where it's a point well taken, almost."

Black

"Well, Representative, Mr. Speaker in all honesty, today in the drive-in to get breakfast at a local fast food joint, she was calling me by my first name. I think it's time I go home." 115 STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 91st Legislative Day November 4, 1993

Speaker Steczo

"Mr. Black, I'm not going to comment on that at all. Although, you shouldn't be eating fast food."

Black

"Well, I..."

Speaker Steczo

"It's bad for you, Mr. Black."

Black

"Listen, I'm on the floor early in the morning. I'm late to leave. I took some stuff into the dry cleaners today, they even know when my birthday is. Mr. Speaker, it's time to go home. In all due respect, Sir, send us home."

Speaker Steczo

"We'll do our best to try and accommodate that request, Mr. Black."

Black

"Thank you. Thank you."

Speaker Steczo

"Mr. Curran, who wants to see Representative Black go home?"

Curran

"Well, actually the Springfield Convention and Tourism Bureau has encouraged the four Legislative Leaders and the Governor to keep this stalemate up. And the Hotel/Motel Association feels we're doing a great job here but I want to know, Representative Black, is this person who spoke to you on your first name as you're going through the fast food, did she call you 'slugger'?"

Speaker Steczo

"Messages from the Senate."

Clerk Rossi

"A Message from the Senate by Mr. Harry, Secretary. 'Mr. Speaker, I am directed to inform the House of Representatives, that the Senate has adopted the following Senate Joint Resolution in the adoption of which I am instructed to ask the concurrence of the House of Representatives to wit; Senate Joint Resolution #23103, resolved by the Senate of the 88th General Assembly of the State of Illinois, the House of Representatives concurring herein, that when the two Houses adjourn on Thursday, November 4, 1993, they stand adjourned until Wednesday, January 12, 1994, at 11:30 a.m. Adopted by the Senate 116 91st Legislative Day STATE OF ILLINOIS 88th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 4, 1993 November 4th, 1993.'"

Speaker Steczo

"Speaker Madigan."

Madigan

"I move to adopt the Adjournment Resolution, Mr. Speaker."

Speaker Steczo

"Speaker Madigan moves to, moves for the adoption of the Adjournment Resolution. All those in favor will signify by saying 'aye'; those opposed, those opposed, 'nay'. The 'ayes' have it and the Adjournment Resolution is adopted. Mr. Speaker."

Madigan

"Mr. Speaker, we are prepared to adjourn. I heard several Members calling for adjournment. I think one of them was the distinguished floor spokesman, and let me simply report that we did several items today as part of the Regular Session and for the items that were not completed today, our plan is to be back on January the 12th in the Regular Session and SO that will be another opportunity to move whatever items that are still pending in the Regular Session. In the meantime, the Special Session that relates to the Chicago Schools will be put on a three-day-a-week perfunctory basis. Monday, Wednesday, and Friday will be perfunctory days in the Special Session which will put us in a position where we can return to Springfield on a one day notice in the event that there appears to be an opportunity to pass legislation which would permit the Chicago Schools to remain open and with that in mind, Mr. Speaker, I move that the House stand adjourned until January the 12th."

Speaker Steczo

"Speaker Madigan moves that the House stand adjourned until January the 12th. All those in favor will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it. The House now stands adjourned." 117 REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX NOVEMBER 04, 1993 94/02/15 10:14:07 H3-0299 CONFERENCE PAGE 60 H3-0344 CONCURRENCE PAGE 111 HB-1479 CONCURRENCE PAGE 7 HB-2547 FIRST READING PAGE 2 H-2548 FIRST READING PAGE 2 H3-2549 FIRST READING PAGE 2 HB-2550 FIRST READING PAGE 2 HB-2551 FIRST READING PAGE 2 HB-2552 FIRST READING PAGE 2 SB-0433 SECOND READING PAGE 5 SH-0433 THIRD READING PAGE 9 SB-0498 CONFERENCE PAGE 83 SB-0684 SECOND READING PAGE 79 S-0684 THIRD READING PAGE ४० SB-0766 SECOND READING PAGE 87 SB-0766 OUT OF RECORD PAGE 111 SB-0776 SECOND READING PAGE 62 SB-0776 OUT OF RECORD PAGE 68 S-0881 RECALLED PAGE 15 SB-0881 THIRD READING PAGE 45 SB-1024 SECOND READING PAGE 70 SB-1024 THIRD READING PAGE 75 SB-1037 SECOND READING PAGE 32 SB-1037 THIRD READING PAGE 44 S-1037 POSTPONED CONSIDERATION PAGE 45 SB-1043 RECALLED PAGE 59 SB-1043 THIRD READING PAGE 69 SJR-0071 HOTION PAGE 4 SUBJECT MATTER HOUSE TO ORDER SPEAKER GIGLIO PAGE 1 PRAYER REVEREND EGTS PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL FOR ATTENDENCE PAGE 1 AGREED RESOLUTIONS PAGE 2 DEATH RESOLUTIONS PAGE 3 GENERAL RESOLUTIONS PAGE 3 STECZO IN THE CHAIR PAGE 7 GRANGERG IN CHA IR INTRO. GOLF CHAMPIONS PAGE 12 STECZO IN THE CHAIR PAGE 15 TURNER IN THE CHAIR PAGE 59 COMMITTEE REPORTS PAGE 60 STECZO IN THE CHAIR PAGE 70 COMMITTEE REPORTS PAGE 87 MESSAGES FROM THE SENATE PAGE 116 ADJOURNMENT PAGE 117