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Illinois House Floor Debate — July 12, 1994

88th General Assembly (1993-1994) · Legislative day 158 · Regular Session
Chamber
House
General Assembly
88th (1993-1994)
Date
July 12, 1994
Legislative day
158
Session
Regular Session
Speaker turns
868
Original
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Speaker McPike

"The House will come to order. today is Lee Arthur Crawford, July 12, 1994 The chaplain for Associate Pastor of the Victory Temple Church of God and Christ. The guests in the balcony may wish to rise and join us for the invocation."

Pastor Crawford

"Let us all pray. Precious Lord of Lord and King of Kings, Ruler of all men kind, we stand before You with humble minds and humble hearts, realizing that if we would only seek You, we would find You. If we would only knock, that the door would be open unto us, and that most of all that if we would only ask of You, it would be given unto us. We ask for inner and outer strength of our body and our mind and for wisdom and understanding of our mind and of our hearts. We humbly ask this in Christ's name. Amen."

Speaker McPike

Speaker McPike: "We will be led in the Pledge of Allegiance by Representative Pankau." Pankau, 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 McPike

"Roll Call for Attendance. Black: Mr. Black." Representative Kubik. to "Thank you very much, Mr. Speaker. On behalf of Representative Kubik, who is in the restroom, I'd like know...I'd like you to know that all Republicans are here in spirit if not in body."

Speaker McPike

"Representative Schakowsky, do you have any excused absences? Mr. Skinner, maybe you could change... Mr. Parke...oh, here he is. Okay. He was voting 'yes'. He was voting 'yes'. Mr. Ryder."

I'm Ryder

I'm Ryder: "Mr. Speaker, as I survey this great chamber, wondering if maybe now is the time that I should make the 1 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Motion that I was going to make on the Fourth of July, but..."

Speaker McPike

"We'd be here on the 4th of August if you make that. Alright, Mr. Clerk, take the record. One hundred and eighteen Members answering the Roll Call, a quorum is present. Children and Family Law. Supplemental Calendar announcement."

McLennand

"Supplemental Calendar #1 is being distributed."

Speaker McPike

"Fellas, did you get your pay raise yet? One o'clock. Okay. We're all for you. Second Special Session shall come to order. The Attendance Roll Call for the regular Session will be used as the Attendance Roll Call for the Second Special Session. Second Special Session shall stand at ease until the call of the Chair. Second Special Session shall come to order. On Nonconcurrence appears Senate Bill 776. Representative Daniels or Mr. Tenhouse. Mr. Daniels, would you like to handle that? Mr. Black. Mr. Black will handle it. Seven seven six, Mr. Clerk. Mr. Black."

Black

"Yes. Thank you very much, Mr. Speaker. I would move that we refuse to recede from the House Amendments and request a Conference Committee be appointed."

Speaker McPike

"The Gentleman moves that the House refuse to recede from House Amendments #1 and 2. All in favor say 'aye', opposed 'no'. The 'ayes' have it. The Motion carries, and a Conference Committee Report...a Conference Committee will be appointed. Second Session shall stand at ease until the call of the Chair. Regular Session shall come to order. Committee Reports."

McLennand

"Committee Reports. Committee on Rules has met, and pursuant to Rule 14(a)4, Conference Committee House Members appointed, recommends consideration of Bills to be 2 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 placed on the order of Conference: House Bills 9, 1635; Senate Bills 1251 and 1832, offered by Chairman, Frank Giglio, July 12, 1994."

Speaker McPike

"Supplemental Calendar #1, House Bill 9. Mr. Ryder. Mr. Ryder. Mr. Ryder."

Ryder

"Thank you, Mr. Speaker. If I could have the attention of the House, I wish to present the First Conference Committee Report to House Bill 9. This is the fiscal year '95 budget. And I would say, Mr. Speaker, this is a complete budget, one that has been thoroughly negotiated, examined, reconciled and is ready for passage. I would indicate to you that it contains $33.4 billion of appropriation authority, of that, 15.5 is General Revenue Fund Authority expenditures. It contains an increase of 185 million in elementary and secondary education, 99 million of which goes into the general school state aid formula, 86 million increases categoricals and other special programs. In higher education, it encompasses an increase of 92 million, increasing the Monitory Award Program, Illinois Veterans Grant Program, and other programs. It does allow for the funding of...at a necessary level to provide for 2,244 new beds in six facilities and the hiring of 484 new guards to staff those new beds. There's a 5 million in additional funds included to hire 416 prison guards. The Department of State Police, likewise, receives increases. There is within this, an allocation of a specific amount 687 million to be included in the Department of Public Aid's budget to pay a portion of the old medicaid bills as well as additional funds as required in the Department of Children and Family Services, Department of Mental Health and Developmental Disabilities and other human service agencies. On behalf of those who've negotiated this 3 158th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 budget, on behalf of those who work in the vineyard of the appropriations process, I'm pleased to present to this Assembly the First Conference Committee Report and ask for this Assembly to approve it as final action on the FY '95 budget."

Speaker McPike

"Representative Hannig."

Hannig

"Yes, thank you, Mr. Speaker and Members of the House. I would stand in support of this budget. It is a negotiated budget. It is a complete budget, and I would add that it is a much better budget than the one that we debated just a few days ago. And I think that the time that we have taken to look over this budget that was on the table at that time has shown that we can do a better job and that we have done a better job than that proposal just a few days ago. This proposal has additional moneys for schools, to help schools throughout the State of Illinois, and I think we can all be happy and proud of that. It has $687 million earmarked to pay old medicaid bills that we admit that we owe. And it has a special line item to do that. It has some small cuts in operations that will not cause any layoffs or any hardships for the state and certainly can be absorbed by those agencies. And I would point out that we were able to do this without the phony bonding program that was put on the table earlier in this Session, and we were able to do away with the conservation 2000 proposal which also was a PR proposal that did nothing for this budget. So, I would say that there are some victories for both sides, that this budget, in its entirety, is a good budget and I would ask for a 'yes' vote."

Speaker McPike

"Further discussion? There being none, the question is, 'Shall the House adopt the First Conference Committee Report to House Bill 9?' All in favor vote 4 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 'aye', opposed vote 'no'. Mr. Tenhouse."

Tenhouse

"Yes, Mr. Speaker to explain my vote. I just want to say that I certainly appreciate all the budget negotiations that went into this process, but because of a personal situation and really relates to the Quincy Veterans' Home...there'd been an agreement that I was party to...sat in on, when an agreement took place where it was clearly stated that any additional revenues, they raise the maintenance fees for the veterans who are part of the Veterans Home System. That agreement was clearly stated at that time that there would not be a reduction in GRF to make up for that added revenue that the veterans were putting in. And that's exactly what is taking place here today. And even though I agree with the main parts of this budget, I can't in good conscious vote 'yes'."

Speaker McPike

"Representative Flinn."

Flinn

"Mr. Speaker, my key is gone. I was absent yesterday. Vote me 'aye', until I get my key back."

Speaker McPike

"Flinn, 'aye'. Have all voted who wish? Have all voted who wish? Have all voted... Mr. Ryder."

Ryder

"Mr. Speaker, if you would recognize me after the vote is taken, I wish to rise on a point of personal privilege."

Speaker McPike

"All right. Representative Mulligan."

Mulligan

"Thank you, Mr. Speaker. Even though the other day I had some discussion over the process, I do feel that, as far as the Republicans, particularly the freshmen, they were very much included in the process. Although we did not get everything we wanted, it usually means a negotiation is a good negotiation when everyone is a little less than satisfied, means it was probably more than fair. I hope it will continue and I hope at our caucus particularly, that we make up a third of the House will be 5 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day included even more next year.

Speaker McPike

July 12, 1994 Thank you." "Representative Pedersen."

Pedersen

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I reluctantly vote for this Bill, but I can't let the moment pass without reminding the Assembly here, that there's lots of talk about rivers of red ink and that the day is going to come, and we're going to be talking about tax increases, and maybe even next year. I just want to be sure that everybody understands, I know this is a big surprise, but I'm announcing today that I'm opposing those tax increases that we're going to be talking about next year, and I encourage all of my colleagues here to help us get this thing under control. And, we should urge our buddies down in Washington to do the same thing. We just cannot continue in the mode we're in, otherwise we'll end up as a third world country and a third world state."

Speaker McPike

"Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion there are 110 'ayes' and 6 'noes', and the House does adopt the First Conference Committee Report to House Bill 9, and this Bill, having received a Three-Fifths Constitutional Majority, is hereby declared passed. Ryder."

Representative Ryder

Representative Ryder: "Thank you, Mr. Speaker. I rise on a point of personal privilege to thank some folks. During the time that we've been in an overtime Session, there are some people that have worked extraordinarily hard on a daily basis, and I refer to those folks who we normally call staff. The appropriation people put in longer hours, work harder, and have more pressure than lots of other people in state government. We rely on them daily. We ask them to do the impossible quickly, and I believe that they deserve a lot 6 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 158th Legislative Day of credit from us, and I wish to thank them bipartisanly for the work that they do on behalf of the budget. They are good folks, and our job is done because of what they do. I also wish to thank those folks who are Members of this Assembly who will...who have served on the Appropriations Committees. They also work long hours, and they do it because they believe in a system, a system that ultimately works. So, my thanks to those Members of this Body that serve on the Appropriations Committee. And now, if I may, Mr. Speaker, I have a special moment that I want to share with this group if I could have the attention of the chamber. This overtime Session was dedicated to producing a budget, a budget that took a lot of time and effort, but it is the last budget that will be negotiated by the Majority Leader. And we were because of...we were unable to obtain the statistics as to what the budget was like 12 years ago, because this budget was called early this morning, and we anticipated a little later this afternoon, but I would suggest to you that it's safe to say that when the Majority Leader started negotiating on behalf of the Democrats, the budget was approximately half of what it is today. Because the Majority Leader did the negotiations on behalf of the Democrats, he has run through three, count them, three appropriations directors. One, who became so frustrated with working with the Majority Leader, that she left staff, married a Republican, and I know personally has been giving secrets to Jim Riley as he sat across the table negotiating with the Majority Leader. The other appropriations directors decided to grow a beard SO that no one else would recognize him as being a former appropriations director, and although Terri Coombes has placed lots of resumes where ever she could, she couldn't 7 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 get away from the Majority Leader and still had to negotiate with him. I won't comment about the status of the debt of the State as the result of the negotiations of the Majority Leader. I won't comment that the Democrats...or excuse me, the Senate has been so frustrated by his negotiations that no longer do we deal with 'King Howie', but now we have to deal with 'Prince John'. But during those 12 years the Majority Leader has been negotiating on that budget, the hours have been countless. There's only two final comments that I would have to say about this dismal state of affairs that he is leaving us with, one of which is that the Speaker confided in me just this week, which is perhaps evidence of the lack of good judgement on behalf of the Majority Leader, and that twelve years ago, he asked for the opportunity to negotiate the budget. Each and every year since then, I think prima facie cases that the Majority Leader lacked good judgement. But all is not wrong in the world. All is not lost because he has negotiated a budget for 12 years. Our statistics indicate that in those 12 years, the St. Louis Cardinals have finished higher than the Cubs in a majority of those years."

Speaker McPike

"Thank you, Mr. Ryder. The House will stand at ease. The House will come to order. We have... We're waiting for paper work, so, the House is going to stand in recess until 1:30. The House will come to order. Page 52 of the Calendar under Nonconcurrences appears Senate Bill 1803. Representative Black would like leave to handle the Bill. Leave is granted. Mr. Black."

Black

"Yeah. Thank you very much, Mr. Speaker. I would move that the House refuse to recede from their Amendments and we appoint a Conference Committee." 8 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 158th Legislative Day

Speaker McPike

"Thank you. The Motion is, 'Shall the House refuse to recede from House Amendment #2 to Senate Bill 1803?' All in favor say 'aye', opposed 'no'. The 'ayes' have it, the Motion carries, and a Conference Committee will be appointed. The House will stand at ease until 2:30. For those Members that are in the Stratton Building, the House will convene at 3:00 p.m., and we're announcing it now so that everybody will come over here. We will...we will have paper work ready...we have about four Conference Committees completed right now, and we should have a few more by 3:00. So, would everyone please come to the House Floor at 3:00 p.m. The House will come to order. Committee Reports."

Clerk Rossi

"The Committee on Rules has met, and pursuant to 14(a)4 and 14(a)5, recommends consideration and the following Bills be placed on the Order of Concurrence: House Bill 1882; and on the Order of Conference: House Bill 1040 and Senate Bills 776, 1285, 1477, and 1721, signed Frank Giglio, Chairman."

Speaker McPike

"Supplemental Calendar announcement."

Clerk Rossi

"Supplemental Calendar #2 is being distributed."

Speaker McPike

"House Bill 1882. Representative Ryder would like to have leave to handle the Bill. Mr. Ryder... Eighteen eighty two. The...the Chair was just trying to answer your question. Yes. Mr. Ryder."

Ryder

"Thank you, Mr. Speaker. This is the annual authorization for the general obligation bonds of the State of Illinois. The original Bill, 1882, was in the form of a shell. It went to the Senate. The Senate added Amendments 2 and 3 just a few hours ago. Those Amendments are in order. They authorize the state to pledge the obligations of the state and, as a result, I wish to ask the House to concur in 9 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Senate Amendments 2 and 3 to House Bill 1882. As such, this would be final action on the general obligation bonding indebtedness of the State of Illinois. I would be happy to answer to or defer any questions."

Speaker McPike

"Representative Skinner."

Skinner

"I have a question for the Gentleman if he will yield."

Speaker McPike

"Yes."

Skinner

"How much additional money is being authorized to be borrowed?"

Speaker McPike

"Mr. Ryder."

Ryder

"The total debt provided in the draft that I have before me is 1,174,250,000 of which 750 million is refunding of debt and 424 million is in the form of new debt."

Skinner

"Mr. Speaker, if I might address the Bill."

Speaker McPike

"Proceed."

Skinner

"In the last 15 years on a cash basis, the State of Illinois has brought in more money in one year than it has spent. Only one year when you include bond proceeds. We cannot continue this, what is effectively deficit spending, deficit financing of the State of Illinois. Now, at some point, the chickens are going to come home to roost, but since us chickens are going to be gone in eight years when the term limit referendum passes anyway, I guess nobody here would care."

Speaker McPike

"Further discussion? Being none, the question is, 'Shall the House concur in Senate Amendments #2 and 3 to House Bill 1882?' All in favor vote 'aye', opposed vote 'no'. This is final action. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 90 'ayes' and 24 'noes'...who is...Mr. Parke, votes 'aye'. On this Motion, there are 91 'ayes' and 24 'noes', and the House does concur in Senate 10 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Amendments #2 and 3 to House Bill 1882, and this Bill, having received the required Three-Fifths Constitutional Majority, is hereby declared passed. House Bill 1635, Representative Schoenberg. Mr. Schoenberg, you're on."

Schoenberg

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move that we accept the First Conference Committee Report on House Bill 1635. This features provisions for upper Des Plaines River Stormwater Council and a matter pertaining to North Chicago. All parties agree, and I urge its adoption."

Speaker McPike

"And on that, Representative Levin."

Levin

"Would the Gentleman yield?"

Speaker McPike

"Yes, he will."

Levin

"Is there anything in here authorizing quick-take for the Chicago Circulator?"

Schoenberg

"No."

Levin

"Thank you."

Speaker McPike

"Representative Black."

Black

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

Speaker McPike

"Yes, he will."

Black

"Representative, I want to make sure I heard you answer to the previous question. Nothing in this Conference Committee Report gives any unit of government a quick-take authority for any purpose whatsoever, is that correct?"

Schoenberg

"That's correct. There... The reason this went to Conference in the first place was because of an outstanding matter pertaining to quick-take in Prospect Heights with the 'Palawaukee' Airport. That provision has been deleted. So, there is nothing regarding quick-take."

Black

"The Conference Committee has nothing to do with salary schedules on sanitary district boards?" 11 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

Schoenberg

"Correct."

Black

"It simply... July 12, 1994 What, are we adding one storm water district? Is that the underlying...or is that the underlying portion of the Conference Committee as embodied in Senate Amendment 1? I'm sorry, we're deleting from seven watershed plans to six." Schoenberg:

Black

"That's correct. This is actually a reduction in the number of watershed plans. It's a more efficient execution of stormwater management in Cook County. This is done as further request of the Northwest Municipal Conference." "Alright, and then the public notification procedure, does it affect only the Northshore Sanitary District or all sanitary districts?" Schoenberg:

Black

"Yes." "You're referring to the second item?"

Schoenberg

"...Matter is strictly for the Northshore Sanitary District."

Black

"Alright. So, basically, this Bill really is only concerned with stormwater management in the sanitary district in the counties of Cook and Lake?"

Schoenberg

"That's correct."

Black

"Alright. Thank you very much."

Schoenberg

"Thank you."

Speaker McPike

"The question is, 'Shall the House incur'... The question is, 'Shall the adopt the First Conference Committee Report to House Bill 1635?' All in favor vote 'aye', opposed vote 'no'. Have all voted who wish? The Clerk will take the record. On this Motion, there are 115 'ayes' and no 'nays', and the House does adopt the First Conference Committee to House Bill 1635, and this Bill, having received a Three-Fifths Constitutional Majority, is hereby declared passed. Senate Bill 1285, Mr. McGuire." 12 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

McGuire

"Thank you, Mr. Speaker. July 12, 1994 I have the Conference Committee Report on Senate Bill 1285...okay. Conference Committee Report on 1285 is quite lengthy, so I'll be brief, but if there are any questions, I'll try to answer them. There are a number of Amendments, and I'll briefly mention that Amendment 4 is identical to the following Bills: House Bill 3051 with Amendments 1 and 3, Deering; House Bill 2801 with Amendment 1, Steczo; House Bill 3633, Biggert/Santiago; House Bill 3025, Hassert; House Bill 3100, Curran; House Bill 3855, Flinn/Stephens; House Bill 3065, Bugielski; House Bill 3074, Capparelli; House Bill 3844 with Amendment, Flinn; House Bill 3946, Biggert; House Bill 2812 and Amendment #1, McGuire; and House Bill 3020, Hartke. If there are any questions, I'll try to answer them. Otherwise, I think we should accept this Conference Committee Report. Thank you."

Speaker McPike

"Representative Skinner."

Skinner

"Mr. Speaker, I would direct perhaps your casual attention to page 3, where two counties in the State of Illinois, St. Clair and Madison, are going to be allowed to sell bonds to expand their court houses or sheriff's residences without a referendum. I am extremely curious, and would ask the Sponsor to answer this question if he would. What is the rational basis for the selection of these two counties in the Metropolitan East St. Louis area for the ability to sell bonds without a referendum to expand court house and sheriffs houses... facilities? And would you speak specifically to how this could be...possibly be construed constitutional of the recent case of 'Kutenel versus Whitley'."

McGuire

"Representative Skinner, I'd like to ask Representative Hoffman to respond to that since it's his piece of 13 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day legislation."

Speaker McPike

Hoffman

"Mr. Hoffman." July 12, 1994 "Thank you, Speaker. As the previous speaker indicated, this only applies to St. Clair and Madison County. The reason that it is needed, is right now, the jail is woefully overcrowded. This prohibits the county from doing anything that would take them above their debt limit. If they wanted to go above that debt limit, they would have to have a referendum. So, right now, they could build a new county jail without a referendum. This makes a lot of sense and will save our taxpayers money in Madison and St. Clair County by allowing them to expand an existing facility, because the state is coming in and saying, 'Hey, you're running way over capacity. It's time that you do something about it'. This allows Madison County to save money in the long run, and if you go over the debt limit, the statutory debt limit, you would have to have a referendum, Representative."

Skinner

"Well, are there other counties in the state that...I presume it's the State Department of Corrections, have said you have to build a new jail?"

Hoffman

"Well, the State Department of Corrections you have a choice of doing several things, I guess. But you...the bottom line is, what you're going to have to do is, you're going to have to get rid of the...about average of 70 prisoners a day overcrowded. You can go and you can pay money to another county, ship them to another county, or what you could do is, you could build a whole new facility without a referendum, or you can do what I think makes sense, and you can expand it." says...says

Skinner

"Well, my question I don't think was answered, and that is, are there other counties in the State of Illinois that 14 158th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 are similarly situated?"

Hoffman

"I'm sorry, Representative."

Skinner

"Are there other counties in the state that are similarly situated, under similar pressures?"

Hoffman

"I would assume there might be. However, what we're saying here is that this is a special case whereby, what's happening is, the original amount of money that they built the original jail on, is set to...is set to be paid off. They would keep the same tax rate. They wouldn't increase the tax rate. They would just extend that and refinance that and allow them to expand the existing jail facility. So, in that respect, Representative, I think that maybe that's a little bit different than what would happen in maybe some other jurisdictions."

Skinner

"Well, Representative, it seems to me that you're making my case that this is special legislation. I would specifically direct you to the 'Collar County Gas Tax' case, which came down saying you had to have a rational reason to pass legislation for a specific area. Now, you've designated a specific area, and I guess it will be up to the courts to decide whether you provide adequate rationale or not. Thank you."

Speaker McPike

"Representative Wennlund."

Wennlund

"Thank you, Mr. Speaker. I rise in support of this Bill. It contains the necessary procedure whereby the off-track betting parlor and the Joliet Park District moved outside of its boundaries, and in order to retain the revenues coming to it, it's necessary to put this is place. It also allows for the incorporation of an unincorporated area of over 8,000 people and an area of 3 square miles as opposed to 4 and 2,500. The rest of the provisions are pretty much benign. It contains Representative Roskam's 15 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 optical scanning device for recorders of deeds who choose to use it. It's a good Bill, and we ought to vote it out of here."

Speaker McPike

"Representative Lawfer."

Lawfer

"Thank you, Mr. Chairman. Would the Sponsor yield on a question in regards to the police...or the sheriff's expansion?"

Speaker McPike

"Yes."

Lawfer

"That's pertained only to those two counties or does that pertain to all counties?"

Speaker McPike

"Mr. Hoffman."

Hoffman

"St. Clair and Madison County only. St. Clair and Madison County only."

Lawfer

"So, it does not expand the expansion...or the right to a referendum to expand and remodel a jail through any other county?"

Hoffman

"No, Representative. You could still have a referendum in other counties and do it by referendum to expand that jail."

Lawfer

"But that would expand the referendum to remodeling and expanding in addition to constructing, is that correct?"

Hoffman

"Yes. To... In St. Clair and Madison County, you would be able to do it under this provision without having a definite referendum, Representative."

Lawfer

"Thank you."

Speaker McPike

"Representative Stephens."

Stephens

"Well, we've discussed the previous speaker's subject on this Bill before, and I have come to understand that if, without this language, what the statutes allow are the...is that Madison or St. Clair County has the privilege now, without referendum, to build a new jail. We have given them that power in the past, and they maintain that ability 16 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 and power today. What the language that we're addressing here would do is simply allow them, instead of building a new jail, which could cost the taxpayers millions of dollars in Madison or St. Clair County, they can simply expand the current facility. And I think that makes imminent good sense, because without passage of this language, with the crowding conditions in Madison County jail, if they are not allowed to expand, what they are going to do is tear down that jail and build a new one at the f taxpayers expense. I do not think that that is economically...economic good sense. And so, I rise in support of the Gentleman's Motion, and I think that for those of you who are concerned about referenda and property taxes that the real issue is, which is going to cost you more? And I suggest passage of this language will cost much, much less to the property taxpayers in my district and so, I rise in support."

Speaker McPike

"Representative Morrow."

Morrow

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Would the Gentleman yield?"

Speaker McPike

"Yes."

Morrow

"Representative McGuire, this was for a...just to put on McGuire: Morrow: the record, is there anything contained in this Conference Report that deals with landfills or waste incinerators?" "No, Sir. No." "Nothing?"

McGuire

"Nothing."

Morrow

"Alright. Could you talk into the microphone so we can get it on the record."

McGuire

"I'm sorry. No, Representative, there's nothing in the...any of the Bills that pertain to landfills or what was the other...?" 17 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

Morrow

"Waste in..."

McGuire

"Waste incinerators. No."

Morrow

"None?"

McGuire

"None."

Morrow

"None at all. Thank you very much."

McGuire

"Okay. Thank you." July 12, 1994

Speaker McPike

"The question is... Representative Hughes."

Hughes

"Pass. Pass. Thank you."

Speaker McPike

"This is not bridge. The question is, 'Shall the House adopt the First Conference Committee Report to Senate Bill 1285?' All those in favor vote 'aye', opposed vote 'no'. Representative Frederick. Virginia Frederick, did you wish to speak? Okay. Have all voted? Have all voted who wish? The Clerk, will take the record. Schoenberg 'aye'. On this Motion, there are 85 'ayes' and 27 'noes', and the House does adopt the First Conference Committee Report to Senate Bill 1285, and this Bill, having received a Three-Fifths Constitutional Majority, is hereby declared passed. Representative Pedersen."

Pedersen

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. In one of the very few Republican Caucuses we held this spring, I warned my colleagues about this salami approach to gun control, which proponents of gun control were using, that they would be back again next year asking for a little more if they got what they wanted this year. You know, the salami approach. You get what you want a slice at a time. Apparently, I was using the phrase a lot more than I realized, you know, with guns and socialized medicine, all that. Anyway, it prompted one of my colleagues, Representative Bob Biggins, to present me with this big hunk of salami as kind of a symbol for my overuse of the phrase, but probably more likely as a symbol of that 18 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 well-known comparison of sausage making to the legislative process. So, once I got it, the question was, what to do with it. After a lot of high-level discussions, we decided to add some cheese and crackers and share it with all the Members of the House. So, anyone who wants to be...to reinforce that salami approach image, or even if you don't, drop by for a slice of salami and crackers."

Speaker McPike

"Mr. Lang."

Lang

"Thank you, Mr. Speaker. Some of us have been asking the brand name on that salami. We would like to know if it's a kosher salami, some of us."

Speaker McPike

"Mr. Pedersen."

Pedersen

"It says, 'beef salami, best culture'."

Lang

"Perfect. Thank you."

Pedersen

"Well, we think of everything."

Speaker McPike

"Senate Bill 1477. Mr. Hoffman."

Hoffman

"Thank you, Speaker. I move for the adoption of Senate Bill...Conference Committee on Senate Bill 1477. Senate Bill 1477...it regards the CPR training for police officers, and it is an Agreed Bill with all individuals who are interested. It also would reinstate the noncontroversial optical disk storage provision which is Representative Roskam's Bill. It also has the same Bill...the same legislation we recently passed regarding Madison and St. Clair County jails. It would also add a provision and allow certain subdivisions with at least 100 permanent residents in unincorporated Cook County to erect and maintain street signs. That is Representative Wojcik's Bill. It would add a provision for the new car dealers regarding the rental liability and the leasing of cars. It would add a provision to convey property in Jackson County. It would add a provision to allow unincorporated Frankfurt 19 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Square in Will County to incorporate by referendum. That is Representative Wennlund's Bill. It would add a provision to convey the Department of Conservation and the Department of Mental Health some acres in, I believe, Jackson County...in 'Anna Jonesboro'. It would add language to allow Members of the General Assembly to affix General Assembly licenses to corporate vehicles and add a provision which would allow the Joliet Park District to collect their share of the tax due to them from the Joliet OTB. I move for the adoption of Senate Bill 1477, Conference Committee #1."

Speaker McPike

"Representative Clayton."

Clayton

"Will the Sponsor yield for a question?"

Speaker McPike

"Yes."

Clayton

"Is it my understanding that you have removed from this Bill, the requirement for CPR training with emergency personnel?"

Hoffman

"Representative, it requires...no...it requires mandated...it removes the mandated in-service training. So, if you're going to be a police officer or you're going to be a firefighter, you would have to, prior to your probationary period or prior to the time going on board or during the time, you would have to go through the CPR training. So, right now, everybody since like 1976 has been doing that. This would just codify that into law and indicates that it must be done. It does not mandate in-service training. In other words, refresher courses, and the reason is, is that many individuals were concerned about the cost, and the Municipal League was extremely concerned about the cost."

Clayton

"Okay. Thank you."

Speaker McPike

"Representative Davis." 20 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994

Davis

"Representative, will the Sponsor yield, Mr. Speaker?"

Speaker McPike

"Yes."

Davis

"Representative, you indicated that the mandated training for emergency CPR was still in the Bill or taken out?"

Hoffman

"It removes mandated in-service training. So, what it does say is that, if you're going to be a police officer, prior...during your probationary period or during your training period initially, you have to be trained in CPR. However, if you have been...then a year from then, you don't have to be retrained, because you already been trained once. The reason is, is many municipalities were concerned about the cost of constantly retraining."

Davis

"Well, is the...you know, the Save a Life Foundation, are they in support of this...of your Amendment?"

Hoffman

"I think, Representative, I don't know...I don't know of anybody who's opposed to the Amendment."

Davis

"My question is, if you find someone who needs this emergency service, if a person has not had the training, are they still required to do the training? I mean, to do the life saving measure?"

Hoffman

"Yeah...well as far as if you find someone who needs CPR? Well, they have to...I mean, yeah, if you're a police officer, and there has been a wreck and you come to it, I think you should be administering CPR, and you will be trained prior to the time of becoming a police officer under this Bill."

Davis

"Okay. You're saying they're not going to go back and train all the existing officers."

Hoffman

"No. They've been doing it since like 1976. So, there's very few officers that are left that have not been trained. This just puts it into law and says that you will do this." 21 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

Davis

"Thank you, Representative."

Speaker McPike

"Representative Moffitt." July 12, 1994

Moffitt

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

Speaker McPike

"Yes."

Moffitt

"Representative, just...you commented on it, I've certainly been in support of Senate Bill 1477, the concept of increasing our training in first aid and CPR. I think it would save a lot of lives throughout the state, and that's important, and I'm in full support. I think the efforts by Save a Life Foundation are very commendable. Does this Bill include the provisions which we have already voted on of Senate Bill 1285?"

Hoffman

"Yes, Representative. The only difference is, is that Senate Bill 1285 did go a little bit further. The problem is, is the Police Training Board was concerned about how they were going to implement it. So...and they were also concerned about allowing it to be done by closed circuit t.v. So, we removed the closed circuit t.v. portion of that Bill and the reason is, is we'd like...the American Red Cross, I believe, would like to have...you know, have face to face training when they initially do it. The second thing is, is that the in-service training...it's my understanding since like 1976, police officers have been trained. The previous Bill said that everybody would have at least had to been trained once. However, now it says that...that...that if you're a probationary officer or just coming on as a policeman, you will be trained. So, it's a little bit more limited than the initial Bill. However, we were having a problem, I'll be very frank with you, a problem in the Senate getting it passed in it's initial form. Now, it's agreed to by the Municipal League, the American Red Cross...the, I believe, Save a Life Foundation 22 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 is okay with it, and the Police Training Board."

Moffitt

"Okay, thank you. It's just my...my concern is simply that the issues of Senate Bill 1285 are unrelated. I have already expressed my views on 1285, but will support 1477, because I believe it could save lives, but I've already expressed my views on 1285. Thank you."

Hoffman

"Thank you, Representative."

Speaker McPike

"Representative Andrea Moore." Moore, A.: "Thank you, Mr. Speaker. I would like to speak to the Bill. It's been two years where we've tried to get this issue to some consensus so that everyone was satisfied. It's not just the issue of the initial training on the CPR and first aid, because we all know officers of all kinds have to go through that initially. But it's the recertification that's essential. The closed circuit t.v. was put in and we all voted for it, and I think unanimously in this House, at the request of the City of Chicago in order to save money, and that was not for initial training, but only for recertification. I think there is...and it's my understanding that the Red Cross does not support the Bill in the current form as Representative Hoffman has stated, and I need to have that clarified, because I think this...the first aid training and the way we've tried to work to consensus, this ought to go back to a Second Conference Committee and get that issue ironed out. We've got a first aid training Bill, and that's really the heart of the Bill. Now it's gone. I think that... I would like the question answered on the Red Cross, because I don't think they support it in this form."

Hoffman

"I don't... Representative, I worked with the American Red Cross. I think they would have liked to have been the agency that said that they do all the training, but I don't 23 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day think that they're against this Bill. As think they're okay with this Bill." July 12, 1994 a matter...I Moore, Α.: "I just was informed that they're neutral on the Bill."

Hoffman

"Okay. I didn't realize that. Last time I talked to them, they were in favor of the Bill. I don't know that. They haven't told me that." Moore, A.: "Well, I'm just being told that they're neutral. I do think that that whole issue of recertification is the point. You get an officer in place and he goes through the CPR training and the first aid training when he's 22, now when he's 35 and he hasn't been recertified, I think that that's really the important issue."

Hoffman

"I'm not disagreeing with you. The problem is, I can't get it passed through the Senate. I can't get that Bill passed through the Senate, and I can't get it called in the Senate. So, what we're doing is taking half a loaf instead of a full loaf, and I wish we could have the whole loaf." Moore, Α.: "Well, that's why I think we ought to send it back to a Second Conference Committee where we can get this ironed out and agreed to."

Hoffman

"Well, then we have no Bill at all. We have no Bill at all, because they won't...they will not call that Bill."

Speaker McPike

"Representative Virginia Frederick."

Frederick

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of this Bill. Sure, it's not everything we wanted. It's a half a loaf, but I think we can come back next year and perhaps get the rest of the Bill that we wanted. So, I ask people to vote 'yes' on this Bill."

Speaker McPike

"Representative Churchill."

Churchill

"Thank you, Mr. Speaker. Will the Gentleman yield?" 24 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

Speaker McPike

"Yes."

Churchill

"Did this Bill go through Committee?" July 12, 1994

Hoffman

"Many portions of it did, and...which portion are you talking about?"

Churchill

"Were there some portions that didn't go through Committee?"

Hoffman

"This Bill, Senate...the CPR portion...it was in a different form, as we discussed, went through Committee. The St. Clair County, Madison County jail portion went through Committee. Roskam's portion went through Committee. I believe Wojcik's portion went through Committee. Wennlund's portion, I'm not sure, probably didn't go through Committee. McGuire's portion went through Committee."

Churchill

"How about the portion that provides for the sale of property?"

Speaker McPike

"There's a Rules Committee Meeting immediately in the Conference Room at the rear of the chamber."

Hoffman

"Representative, I don't know, but I don't think so."

Churchill

"So, in other words, there was never an opportunity to file an appraisal on the property that is being sold in this Bill?"

Hoffman

"I don't...I don't know the answer to that."

Churchill

"Is there a copy of an appraisal filed with the Clerk of the heart...of the House, pursuant to, I think it is, Rule 34(g)?"

Hoffman

"Representative, here's what I can tell you that I know about those portions of the Bill. Senator Dunn...these are provisions that were put in at the request of Senator Dunn. The Department of Conservation and the Department of Mental Health and Developmental Disabilities are all in favor of the Bill. Now, with regard to... It goes from one 25 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 government entity to another. So, I don't know if that applies in those situations."

Churchill

"Mr. Speaker, question of the Clerk. Is there an appraisal filed on this Bill?"

Speaker McPike

"Is there, Mr. Clerk? We'll have to check the original Bill, Mr. Churchill. It will take us a minute. Could we proceed until we could check that out?"

Churchill

"Please do."

Speaker McPike

"Are you finished?"

Churchill

"I just would like to make a closing statement in the event that the appraisal has not been filed."

Speaker McPike

"Alright. Representative Black."

Black

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

Speaker McPike

"Yes."

Black

"Representative Hoffman, it's my understanding that the land conveyance is for Senator Dunn. Isn't that your understanding?"

Hoffman

"Yes."

Black

"Senator Ralph Dunn."

Hoffman

"Yes."

Black

"Nice fellow."

Hoffman

"One of the nicest. True Gentleman, and it's also, Representative, I think I should clear it up, this is a conveyance from one governmental entity to another. Therefore, I don't think that the appraisal portion applies."

Black

"Right. Right. It would be handled as we've handled all of them in the past, by an intergovernmental agreement, correct?"

Hoffman

"With a reverter clause."

Black

"Right. Okay. The only question I have about the Bill is 26 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 on the...there's some confusion about the car rental liability. I think we need, for the record...that this is not the leasing Bill."

Hoffman

"No."

Black

"That was controversial. This has nothing to do with the leasing Bill..."

Hoffman

"No. This has nothing to do with that, but this is supported by the New Car Dealers' Association."

Black

"Right. Do you know if the companies that are in the primary business of renting cars are familiar with the increase in this liability?"

Hoffman

"Yes. They...they agree with it."

Black

"Alright. I think it's a very reasonable compromise. It seems to be...I know not all of the Members of our side of the aisle signed the Bill, but from what staff has informed me, it seems to be a reasonable compromise on some complicated issues, and I'm prepared to vote 'aye'."

Speaker McPike

"Representative Hawkins."

Hawkins

"I move the previous question."

Speaker McPike

"Yes. Mr. Hawkins...oh. Representative Granberg."

Granberg

"Thank you. Will the Gentleman yield?"

Speaker McPike

"Yes."

Granberg

"Representative Hoffman, is this...this does contain the legislation requested by Representative Wennlund to allow Frankfurt Square to incorporate by referendum?"

Hoffman

"Yes."

Granberg

"That was previously House Bill 3446 which was..."

Hoffman

"Yes. That is in this legislation."

Granberg

"So, we have provisions in here for Rep...for Senator Ralph Dunn. There are provisions for Representative Wennlund and for others. So, I rise in support of the 27 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Conference Committee. It's a reasonable combination for both sides of the aisle, and as the Sponsor indicated, if we do not adopt this Conference Committee Report, all of the provisions in this Conference Committee Report will die. The Senate has indicated they will not allow...or they will not vote on a Second Conference Committee Report. That is not our idea. So, if we can, we need to pass this Conference Committee Report that helps most of the Members on both sides of the aisle."

Speaker McPike

"Representative Wennlund."

Wennlund

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of the adoption of this Conference Committee Report. It was part of a compromise that included several Republican initiatives and several Democratic initiatives. You've heard enough explanation, I think the compromise on the training is the best we can get at this point. We should adopt this Conference Committee Report and send it over to the Senate."

Speaker McPike

"Mr. Churchill, we have not been able to verify one way or another. The Chair would like to remind you that under Rule 34(g), as long as it's a transfer between two governmental agencies, no appraisal is required. Representative Churchill."

Churchill

"Thank you, Mr. Speaker, and I know that the rule does say that. My question though went to trying to find out what the value of this property is. Even though we don't provide for the appraisal, because sometimes we try and expedite these kinds of processes, but still, good government could find out what kind of value you have on property that you're transferring, what kind of property that you're receiving from another governmental unit, and particularly if you're only getting paid a dollar. I think 28 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 it would be...since this is not something that went through Committee, it's just something that's popped up here on the last day, I think it would be a good idea that this thing stay around. Perhaps we can get an appraisal by the time we get into Veto Session, which is only four months away. Certainly less time than we've had since January when this could have been supplied. It seems to me this is a Bill where we could vote 'no' right now and come back and revisit this and all these other issues at some later date."

Speaker McPike

"Representative Hartke."

Hartke

"Thank you very much, Mr. Speaker, Members of the House. To the Bill. I'm going to support 1477, but I, like some of my colleagues, are not happy about the provision that deletes the CPR training. You know, our Governor recently underwent a major surgery under the fact that, you know, he had some heart problems. He could have collapsed anywhere, anytime in the the last couple of weeks, and unless we...and many of us are trained in CPR, he could have died on the spot. That Amendment would have added that CPR training for police officers and other officials and, so, I'm sorry to see that's deleted. But I still want to support that Bill, and I'm going to ask all of you to consider very heavily that piece of legislation in the next Session."

Speaker McPike

"Representative Churchill, the appraisal was not filed. Mr. Hawkins."

Hawkins

"Mr. Speaker, Ladies and Gentlemen of the House. This Conference Committee Report contains two land transfers that are very important to my district that it's important that these Bills pass and not wait until the fall Veto Session. They're noncontroversial, both the Department of 29 158th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 Mental Health and Department of Corrections have agreed to these, and I would hope that we would pass this so we can get started with these projects in my district and not wait till the fall. Thank you."

Speaker McPike

"Mr. Hoffman, would you like to close?"

Hoffman

"Yes...Yes, Mr. Speaker. This is extremely important. This does provide for CPR training and several things for Representative Roskam, Representative Wojcik, Representative Wennlund, several other individuals as well as some Democrats. I ask for a favorable Roll Call."

Speaker McPike

"The question is, 'Shall the House adopt the First Conference Committee Report to Senate Bill 1477?' All in favor vote 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? This requires 71 votes. Have all voted who wish? Have all voted? Have all voted who wish? The Clerk, will take the record. On this Motion, there are 72 'ayes', and 38 'noes', and the House does adopt the First Conference Committee Report to Senate Bill 1477, and this Bill, having received a Three-Fifths Constitutional Majority, is hereby declared passed. Senate Bill 1721, Representative Persico."

Persico

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Conference Committee #1 to Senate Bill 1721 deletes everything, and it becomes the Bill. It's an Agreed Bill by all interested parties, and it contains the following provisions. It's basically technical changes. It changes the definition of a coal combustion waste to include coal that is combusted of no more than 10% fuel...grade petroleum. It makes a technical change to the Clean Air Act permit program. It has some clean up language of the leaking underground storage tank program; it's a technical change to conform to federal law. It also contains a 30 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 correction of a printing error to House Bill 3258, Representative Curran's Bill, which allows the Attorney General to allow the prosecution of a pending case of a hazardous waste dumper, and it also creates the Clean Air Act permit fund and the State Finance Act. This is another technical change. These changes have been agreed to by the IMA, the Illinois EPA, the Illinois Chamber of Commerce, and the Illinois Coal Association, and I urge the adoption of Conference Committee #1."

Speaker McPike

"Representative Granberg, on the Motion."

Granberg

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of the Motion to adopt the First Conference Committee Report. As Representative Persico indicated, there is no opposition to this Conference Committee Report. The underlying...the subject of the underlying Bill has been removed. This is now agreed language. It is technical in nature to correct flaws in the underground tank program. Again, there is no opposition to the Bill, and I would recommend an 'aye' vote."

Speaker McPike

"Representative Novak."

Novak

"Yes, Mr. Speaker, Ladies and Gentlemen of the House. I, too, rise in support of this legislation. As both previous speakers indicated, there is no known opposition. This is all agreed language with all the respective parties. As Representative Persico spoke, there's problems dealing with the...House Bill 300, which was the major underground tank provision, which is some clean up language. Also, language dealing with the Clean Air permit program reducing permit fees for those corporations that produce 25 tons or less of pollutants per year, and also a major provision for the Attorney General's Office that currently impedes their 31 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 ability to prosecute cases of reckless disposal of hazardous waste. So, these are three important provisions that are important to the business community of Illinois and to the Attorney General's Office, and I ask my colleagues to adopt this Conference Committee Report."

Speaker McPike

"The question is, 'Shall the House adopt the First Conference Committee Report to Senate Bill 1721?' All in favor vote 'aye', opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 116 'ayes' and no 'nays', and the House does adopt the First Conference Committee Report to Senate Bill 1721, and this Bill, having received a Three-Fifths Constitutional Majority, is hereby declared passed. Committee Report."

McLennand

"Committee on Rules has met, and pursuant to Rule 14(a)4, Conference Committee House Members appointed, rules recommends consideration and Bill be placed on the order of Conference: Senate Bill 1803, offered by Frank Giglio, Chairman, Committee on Rules, July 12, 1994."

Speaker McPike

"Supplemental Calendar."

McLennand

"Supplemental Calendar #3 is being distributed."

Speaker McPike

"House Bill 1040, Representative Davis."

Davis

"Thank you, Mr. Chairman. The Second Conference Committee Report for House Bill 1040 is a report that temporarily...what the Bill does is, temporarily increases the assessment rate that's levied on employers for the workers compensation rate adjustment fund. It goes from .05% to .625%. The rate adjustment fund is known as the Widows and the Ofference Fund. The money is used to provide cost of living adjustments to the survivors of workers who are killed on the job as well as those who have been permanently and totally disabled. These funds are 32 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 made available for eligible survivors and disabled workers on a quarterly basis. I think the second major thing the Bill does is, it authorizes up to about...what is it...$100,000 for the rate adjustment fund to enable the Industrial Commission to conduct an independent actuarial study that concerns the fund and report the recommendation to the General Assembly by January of 1995. According to the Industrial Commission, if we don't pass this legislation, we will...they will be unable to fund this rate adjustment for widows and those who have been injured. We find that the Industrial Commission states that we need to do this in order to make full payments to those survivors or workers for the July 1994 quarterly benefit, and we urge an 'aye' vote."

Speaker McPike

"Representative Parke."

Parke

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. We rise in support of this legislation. It is something that is temporary. For legislative intent, I would like the Sponsor to just confirm that this will only be for two quarters and that it will go back to the original .05 and 1% as it was before."

Davis

"That what the legislation states, that it will be for two quarters and then it will revert back to the 1/2 of 1%."

Parke

"Thank you very much. To the Bill, it is my understanding that the IMA, the Chamber, the manufacturers, and the National Federation of Independent Businesses, and the Management Association of Illinois, as well as the Commerce Commission all support this, and we would ask that this Conference Committee be accepted."

Speaker McPike

"The question is, 'Shall the House adopt the Second Conference Committee Report to House Bill 1040?' All in favor vote 'aye', opposed vote 'no'. Have all voted 33 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 158th Legislative Day who wish? Representative Raschke-Lind."

Raschke-Lind

"Thanks, Mr. Speaker, I'd just like to note for the record that this was the late Representative Zeke Giorgi's last Bill, and we just wanted to make that comment for all the Members. Thank you."

Speaker McPike

"Thank you. Have all voted who wish? Representative Parke."

Parke

"I'm sorry. I understand...an oversight on my part. Thank you very much."

Speaker McPike

"Have all voted who wish? The Clerk will take the record. On this Motion, there are 116 'ayes' and no 'nays', and the House does adopt the Second Conference Committee Report to House Bill 1040, and this Bill, having received a Three-Fifths Constitutional Majority, is hereby declared passed. Senate Bill 1369, Representative Schoenberg."

Schoenberg

"Thank you, Mr. Speaker. I'd like leave of the Body to move the Bill back to Second Reading for..."

Speaker McPike

"The Gentleman asks leave to return this Bill to Second Reading. Mr. Wennlund."

Wennlund

"Could he pull this out of the record for just a couple of minutes?"

Speaker McPike

"Sure."

Wennlund

"Thank you."

Speaker McPike

"Senate Bill 1715. This Bill is on Second Reading. It has been read a second time previously. Are there any Amendments?"

Clerk Rossi

"Senate Bill 1715, Amendments 1, 2, 3, 4, 5, 6, 7, 9, 10, and 12 have been adopted to the Bill. No Motions have been filed. Floor Amendment #15, offered by Representative Hassert."

Speaker McPike

"Representative Hassert. Withdraws the 34 158th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 Amendment? Further Amendments?"

Clerk Rossi

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

Speaker McPike

"Mr. McGuire. What's the Amendment, Tony?"

Clerk Rossi

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

Speaker McPike

"Well, put it on the board, will you? Mr. McGuire."

McGuire

"Yes, Mr. Speaker. I'm sorry, I didn't hear what my name was called for."

Speaker McPike

"For Floor Amendment #16."

McGuire

"I'm sorry, I'm not familiar with that. Are you sure it's my Amendment?"

Speaker McPike

"Well, it has your name on it. It might not be yours."

McGuire

"Move for adoption. Is there any opposition? No opposition. Move for...move for adoption."

Speaker McPike

"Mr. McGuire, would you like to explain it a little more than that?"

McGuire

"Okay, Mr. Speaker. I'm sorry I wasn't aware of that. Yes, I am aware of the Amendment now, for the Housing Authority Act. And I believe this was a Bill that passed through the House a few months ago, and I would try to answer any questions and otherwise, I'd urge your adoption."

Speaker McPike

"Mr. Wennlund."

Wennlund

"Thank you, Mr. Speaker. After that lengthy explanation, would the Sponsor yield?"

Speaker McPike

"Yes."

Wennlund

"Representative McGuire, can you give us a little more detail of what really is in this Amendment? I mean, what does it do? Where did it come from?" 35 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

McGuire

July 12, 1994 "Okay. The Amendment came from an original House Bill that I sponsored, and the subject matter was the Housing Authority, and as I recall, Representative, it was to disallow income received by Housing Authority residents while they are working under a drug program or any type of a program presented in their Housing Authority, and it would not be used against their rental spend down...and this is...in large as a Bill that was passed last year by Senator Dudycz and Representative Coy Pugh for Cook County only, and this just expands it to the rest of the state."

Wennlund

"So, the entire state...so Housing Authorities in the entire state would be permitted to exclude some income from McGuire: the determination of the income level..." "That's correct."

Wennlund

"...as necessary to get into a Housing unit?"

McGuire

"That's correct."

Wennlund

"Okay. Thank you very much."

McGuire

"You're welcome."

Speaker McPike

"Representative Ryder."

Ryder

"Thank you. Would the Sponsor yield, please?"

Speaker McPike

"Yes."

Ryder

"Representative, I do not have the luxury of having a copy of your Amendment in my hand."

McGuire

"Okay."

Ryder

"Can you tell me what Act your Amendment would amend?"

McGuire

"The Housing Authority Act. It amends the Housing Authority Act."

Ryder

"And could you also tell me what Bill...what the underlying Bill amends? What code does it amend?"

McGuire

"No. I don't know."

Ryder

"Would it surprise you, Sir, to discover that it amends the Township Code?" 36 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

McGuire

"I wouldn't know that, no."

Ryder

"Well, without losing my opportunity July 12, 1994 to ask some more questions, then I would ask the Chair to rule on the germaneness of the Amendment, given that which we have just discovered. We can wait for the Chair to rule before I inquire further."

Speaker McPike

"Representative Meyer."

Meyer

"Thank you, Mr. Speaker. Would the Gentleman yield for a question?"

Speaker McPike

"Yes."

Meyer

"Representative, you indicated that this was a Bill that you had previously introduced. What was that Bill number?"

McGuire

"Pardon me?"

Meyer

"What was the Bill number that...this year, that you previously introduced?"

McGuire

"Hold on a second. It was originally House Bill 3871."

Meyer

"Thank you."

McGuire

"Okay."

Speaker McPike

"Mr. Ryder, the Amendment is germane. Mr. Ryder: Ryder." "Thank you. It amends two different Acts. So, I'm going to inquire the Chair if that is horizontal or vertical germaneness."

Speaker McPike

"Amendment #9 changes the title of the original Bill...changes to an Act regarding real estate and property interests. Certainly housing is certainly germane to real estate."

Ryder

"I understand that, but is that horizontal or vertical. just don't know..."

Speaker McPike

"I think that's the vertical one."

Ryder

"Say again." I

Speaker McPike

"The vertical one." 37 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

Ryder

"The vertical one. Was Amendment 9 adopted?"

Speaker McPike

"Yes." July 12, 1994

Ryder

"Were there any Amendments adopted after Amendment #9?"

Speaker McPike

"Yes."

Ryder

"And which Amendments were they?"

Speaker McPike

"Mr. Clerk."

Clerk Rossi

"Amendments 1, 2, 3, 4, 5, 6, 7, 9, 10 and 12 have been adopted to the Bill."

Ryder

"Then I would inquire of the Clerk if Amendment 10 and the subsequent Amendment changed the name of the Act."

Speaker McPike

"No. It did not."

Ryder

"Alright. Thank you."

Speaker McPike

"Okay. The question is, 'Shall Amendment #16 be adopted?' All in favor say 'aye', opposed 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"

Clerk Rossi

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

Speaker McPike

"Representative Moseley."

Moseley

"Thank you, Speaker. This Amendment is an agreed to Amendment that has been worked out with the Municipal League. It authorizes that the presiding officer may appoint two additional members to a Housing Authority, as long as one of those members is a resident of the Housing Authority. This is...it also provides that the Housing Authority in any county over 500,000 inhabitants may establish, by Resolution, a reasonable salary or per diem allowance for the services of commissioners and the chairman, provided that no federal funds shall be used for these salaries or per diem allowances. Th This is an effort that was worked out with Representative Biggert. I don't know if she's on the floor right now. I almost didn't 38 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 expect to see it, but I ask for your favorable consideration."

Speaker McPike

"Representative Skinner."

Skinner

"Yes. Would the Lady yield to a question?"

Speaker McPike

"Yes."

Skinner

"Will this have any impact on a county that has, let's say 200,000 people and has a county Housing Authority?"

Moseley

"That has 200,000 people?"

Skinner

"Yes."

Moseley

"Yes, it does. It...which part? Are you talking about the first part that allows them to add a resident..."

Skinner

"Yes."

Moseley

"...to the Housing Authority? Yes. This is permissive language, however, this is not mandatory."

Skinner

"Strictly permissive?"

Moseley

"Strictly permissive. The only way that this would be...into effect, is if that commission decided to add two additional members to their board and then one of those members would have to be a resident."

Skinner

"Thank you."

Speaker McPike

"Representative Wennlund."

Wennlund

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

Speaker McPike

"Yes."

Wennlund

"The portion that's in this Bill that refers to counties over 500,000 inhabitants allows them to set up reasonable salaries and per diems. Are there any standards or guidelines or any limits as to what kind of salaries or per diems they could pay?"

Moseley

"Unfortunately, Representative Wennlund, that is Representative Biggert's part of the Amendment, and she's not on the Floor to answer that question. The language as it currently sits does not have any standards. It just 39 158th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 allows those counties to put together that."

Wennlund

"And it just permits them to..."

Moseley

"It just permits them. It, again, is permissive language. It is not mandatory."

Wennlund

"Okay. Currently, Housing Authority board members aren't compensated?"

Moseley

"To my knowledge, no."

Wennlund

"Okay. Thank you very much."

Speaker McPike

"The question is, 'Shall Amendment #17 be adopted?' All in favor say 'aye', opposed 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"

Clerk Rossi

"Floor Amendment #18, offered by Representative Granberg."

Speaker McPike

"Mr. Granberg."

Granberg

"Please withdraw Amendment 18."

Speaker McPike

"Withdraw? The Gentleman withdraws the Amendment. Further Amendments?"

Clerk Rossi

"Floor Amendment #19, offered by Representative Granberg."

Speaker McPike

"Mr. Granberg."

Granberg

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment 19 incorporates certain provisions of Amendment 18, which we just withdrew, allowing very limited quick-take for Cook County. Amendment 19 for...most of Amendment 19 deals with the Illinois Department of Conservation, allowing them to transfer and to...transfer property to the 'Anna Jonesboro' Water Commission and from the Department of Conservation, Department of Mental Health and Developmental Disabilities, to the 'Clyde Schultz' Mental Health Center, and the 'Anna Jonesboro' Water Commission. This is at the request of Representative 40 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Hawkins and Senator Ralph Dunn."

Speaker McPike

"Representative Wennlund."

Wennlund

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

Speaker McPike

"Yes."

Wennlund

"All of these... Is this the annual IDOT transfer Bill or what? Maybe you can tell us a little bit more. It looks like there are several transfers contained in Amendment #19."

Granberg

"Representative Wennlund, it's my understanding that this is at their request."

Wennlund

"At whose request?"

Granberg

"I believe this is at their request."

Wennlund

"Who is 'their'?"

Granberg

"The Department's."

Wennlund

"The Department of Transportation?"

Granberg

"Yes."

Wennlund

"Thank you. On page 54 of the Amendment, in paragraph 34, can you tell me what that does? It allows quick-take in Cook County?"

Granberg

"Yes, Representative, and the collar counties."

Wennlund

"And...in the collar counties?"

Granberg

"Yes. If you look at line 27, 'on and home rule municipalities with a population over a million that are contiguous to counties with over 3 million in population'."

Wennlund

"It...is it specific for some project or something, or did it just permit them to have quick-take powers for a period of 48 months?"

Granberg

"This...this would allow the counties to do quick-take for a highway expansion for the expansion of existing highways, similar to what the Department of Transportation currently has."

Wennlund

"It's just for highway purposes then, is that correct?" 41 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

Granberg

"Yes. Yes." July 12, 1994

Wennlund

"Does...does any part of this Amendment contain any part of Amendment #18 other than this?"

Granberg

"Eighteen is incorporated, Representative, with the other property transfers."

Wennlund

"Okay. Thank you very much."

Speaker McPike

"Mr. Ryder."

Ryder

"Thank you, Mr. Speaker. If I could have the attention of the Body. There's one portion in here that I simply want to bring to your attention and allow you then to decide the issue on your own. Representative Wennlund was addressing it somewhat with Representative Granberg, and it does deal with paragraph 34 on page 54. This allows counties for county roads only, to have a modified form of quick-take. It is limited in the amount, I believe it's only 20 feet, which is enough to add a single lane. It is limited to particular kinds of highways, which are county highways. It is limited for a time period, which I believe is four years. Yes, for four years, and there are requirements for residents and others, so that it is not a quick-take in the pure sense of the word, but a modified quick-take. That part is in Amendment 19. It is there only for Cook County and the surrounding counties of Cook, and it is there at their request. If the Sponsor of the Amendment disagrees with that explanation, he should signal me. Seeing no signal, I would suggest that you simply keep in mind that that portion is in this Amendment when you vote for it."

Speaker McPike

"Representative Kubik."

Kubik

"Would the Sponsor yield for a question?"

Speaker McPike

"Yes."

Kubik

"Representative, the quick-take provision or the modified quick-take provision for Cook County, is it county wide or 42 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 is it specific to a certain portion of the county or, in other words, is it a particular project or is it county wide?"

Granberg

"No, Representative. The language on page 54 cites the general propositions that would allow them to do this as well as the collar counties with a modified version of quick-take, which would in fact increase the notice. So, this is not for one specific project."

Kubik

"For both counties, both Cook and DuPage counties?"

Granberg

"Right."

Kubik

"And it would apply to county roads only?"

Granberg

"I could not hear you."

Kubik

"I said, it would apply to county roads only?"

Granberg

"Yes."

Kubik

"Mr. Speaker, I think that Representative Ryder's point is well taken. I think that we might...for those of us who might be a little uncomfortable with this provision, I think we might want to have a Roll Call vote on this Amendment, and I think for those of us in Cook County who might be a little nervous about the power here, we might want to have a Roll Call on this particular Amendment, Mr. Speaker."

Speaker McPike

"Mr. Saviano."

Saviano

"Thank you, Mr. Speaker. The previous speakers have been speaking about a provision in this Bill. I want to remind everybody that there's various provisions in this Bill for a lot of Members on this Floor who have worked together to put together some of this quick-take legislation. We all have...a lot of us anyway, have projects going on in our different districts, which it's imperative that we obtain this authority to carry out the certain projects that we're working on. I would sincerely 43 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day ask everybody, take a close look at this, and 'aye' vote on it. It's very, very important.

Speaker McPike

"Representative Krause."

Krause

"Thank you, Amendment 19. July 12, 1994 give us an Thank you." Mr. Speaker. I rise in support of Floor As stated by the previous speaker, there are a number of key provisions that are contained in this Amendment and, in particular, I draw attention to the provision as it relates for the City of Prospect Heights and the Village of 'Wheeling' for their continued improvements for 'Palawaukee' Municipal Airport. This Amendment, in particular, is of a benefit to those two communities in the development of the significance of 'Palawaukee' Airport as it relates to the northwest suburban area. Thank you."

Speaker McPike

"Representative Deuchler, maybe those two Gentlemen behind you could get out of your way."

Deuchler

"Thank you, Mr. Speaker. I rise in support of Senate Bill 1715. There is a provision on page 55 relating to the City of Aurora, relating to an IDOT flood project that we've been working on for eight years, and it really pertains to the safety and health of this area. So, I urge you to support these projects that many of us have worked upon and give us this authority."

Speaker McPike

"Mr. Skinner."

Skinner

"Yes, would the Sponsor yield to a question, please? Or maybe more than one."

Speaker McPike

"Yes."

Skinner

"Mr. Sponsor, Sir. Could explain what this is for the Chicago Building Authority to use quick-take power to purchase property for the Chicago Board of Education? I didn't know the Chicago Board had any money to build new schools." 44 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

Granberg

July 12, 1994 "Thank you, Representative. There are two distinctions on the ownership of Chicago school property. You have the Chicago Board of Education that property...the property is technically owned by the Chicago Building Commission. They would like to have the quick-take power particularly for three Hispanic communities to build additional school buildings, that would allow them to do that."

Skinner

"Thank you. Now with reference to page 54, paragraph 34, giving the five collar counties the ability to condemn...up to 20 feet from and contiguous with existing highways under the jurisdiction of a county government. I have received no communication from my county government that they are in need of this or desire it. But you said, something...some generic term about county, collar county governments that requested this, could you tell us who? Which counties."

Granberg

"Representative, it is my understanding that since the language was for Cook County, then the collar counties also wanted the same ability to do this for the expansion of a roadway. Representative Kubik asked a question earlier and I might have misspoke. He said, does this apply to county highways alone. What the language says, within the jurisdiction of the county. So that technically could apply to a city road as well. This would give them the authority to expand by 20 feet any county or city highway. That is the highway or road within the counties jurisdiction. So, it's my understand that those communities would also like to have this power to do that."

Skinner

"Well, it also seem to say that any home rule city, such as the City of Crystal Lake could decide that it wanted an extra 20 feet next to, I guess almost any street that it has. Is that your reading also?" 45 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

Granberg

July 12, 1994 "Yeah, again it's also my understanding that the...once Cook County requested this then the collar counties also wanted the same provision. Maybe not for tomorrow, but they wanted the ability to do this in case...because of additional travel, the additional demands on their road systems, they might need to expand it by 20 feet."

Skinner

"I think that means in my hometown that Amoco might lose a large part of its lot and the minute man gas station might lose a bay of pumps...I don't know, quick-take is a real dangerous power to give people when you really don't know what they want. I'm much more comfortable with Representative Deuchler's very limited request than I am with this generalized request which could take off every sign site in DuPage County that any politician has. I mean, it could really make those landowners quite unhappy. Thank you."

Speaker McPike

"Representative Lindner."

Lindner

"Thank you, Mr. Chairman. I rise in support of this Amendment and to point out to the other Representatives from Kane County area, that there is also a transfer of property in my township, Sugar Grove township at the Aurora Airport between Aurora and the State of Illinois which costs the state no money and it's for the site for the building of the armory which should benefit my area and I urge support for the Amendment. Thank you."

Speaker McPike

"Mr. Granberg to close."

Granberg

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment 19 incorporates the Department of Transportation's annual State Easement Release Bill which provides for the relinquishment of state title and interest to adjacent property owners the values, the fair market values have been filed pursuant to the House rules. It 46 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 provides for a limited amount of quick-take in order to expand county roads by 20 feet. It expands the notice requirement, this would increase, actually increase the notice to those people who will be impacted by quick-take and I would ask for a favorable vote."

Speaker McPike

"The question is, 'Shall Amendment #19 be adopted?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there is 72 'ayes', and 36 'noes', and the Amendment is adopted. Further Amendments?"

Clerk Rossi

"No further Amendments."

Speaker McPike

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

Clerk Rossi

"Senate Bill 1715, a Bill for an Act in relation to the transfer of interest in real property. Third Reading of this Senate Bill."

Speaker McPike

"Representative Hassert."

Hassert

"Thank you, Mr. Speaker. I think this Bill has been discussed in the last Amendment and all the rest of the Amendments. I just ask for its approval."

Speaker McPike

"The question is, 'Shall Senate Bill 1715 pass?' All those in favor vote 'aye'; opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk, will take the record. On this Motion, there are 75 'ayes', 34 'noes'. Hanrahan changes from 'aye' to 'no'. On this Motion, there are 74 'ayes', 35 'noes', and Senate Bill 1715, having received a three-fifths Constitutional Majority, is hereby declared passed. Senate Bill 1369, Mr. Schoenberg. Mr. Clerk, read the Bill."

Clerk Rossi

"Senate Bill 1369, the Bill has been read a second time previously. Amendments 1, 2, 3 and 4 have been adopted to the Bill. No Motions have been filed. Floor 47 158th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 Amendment #5, offered by Representative Schoenberg."

Speaker McPike

"Mr. Schoenberg."

Schoenberg

"Please table Amendment #5."

Speaker McPike

"The Gentleman withdraws the Amendment. Further Amendments?"

Clerk Rossi

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

Speaker McPike

"Mr. Steczo."

Steczo

"Thank you, Mr. Speaker, Members of the House. Amendment #6 to Senate Bill 1369 is a rewrite of House Bill 410 which established the senior citizens tax freeze homestead exemption. Among the changes, the few changes made in this Bill, many of which are cleanups, provides that in the taxable year 1994 only, those are taxes payable in 1995, application for the exemption may be made by December 1, 1994. It also provides that improvements to homestead property shall not be subject to the freeze. This Amendment also corrects technical errors that were found in House Bill 410. Assures that there will be a 1995 impact on tax extensions. This language has been worked out with the assistance of the Department of Revenue and the Governor's Office and provides that the Department of Revenue will adopt rules providing assessors with a list of means and methods to verify household income without requiring assessors to handle income tax returns. Mr. Speaker, I would move for the adoption of the Amendment."

Speaker McPike

"Representative Murphy. Murphy." Murphy, M.: "Thank you, Mr. Speaker. I want to point out that, yes, as the Sponsor identified, this is exactly House Bill 410 with some corrections to make it signable by the Governor. This did pass the Revenue Committee unanimously and it's one of the few cases we're able to do something 48 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 for senior citizens with regard to property tax relief. So, this was a good bipartisan effort. I understand the Bill made it to the Governor's Desk. This has some cleanup language as outlined by the Sponsor. I would urge a 'yes' vote on this Amendment."

Speaker McPike

"Representative Skinner."

Skinner

"Mr. Speaker, I rise to observe that tax relief will come next year for senior citizens or at least to ask, will tax relief come next year rather than two years from now into the version that we passed last time, House Bill 410?"

Speaker McPike

"Mr. Steczo."

Steczo

"Mr. Skinner, you're correct. This Amendment allows the applicant to file their application for the exemption by December 1, 1994. So, it allows that relief one year earlier in 1995 for taxes paid in 1994."

Skinner

"Well, I'm glad who ever was able to prevail upon the Senate to use good judgement, did so. Thank you very much. The second question I want to ask is about the filing of information in the supervisor of assessments or the county assessors office. What is going to be filed now? Previously it was a copy of an income tax form, the first page of an income tax form..."

Steczo

"Mr. Skinner, what we decided to do because of some concerns that the assessors have had, we have decided and the Department of Revenue has agreed that they will come up with a list means and methods by which those assessing officers can verify income information. So, that's what we've done."

Skinner

"Well, I was very concerned that in court houses throughout the State of Illinois, the incomes of everyone under $35,000, earning under $35,000 according to a federal income tax form, would be public record. Are we going to 49 158th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 have income tax forms filed in court houses throughout the state under this revision?"

Steczo

"Apparently not. The whole idea perhaps would be to have them file an affidavit and perhaps have the Department of Revenue verify certain things. The intention is not to have them file the actual income tax return."

Skinner

"All right. Will...you suggest that there might be an auditing function by the Department of Revenue?"

Steczo

"Perhaps, yes."

Skinner

"And how are we defining income? Are we defining income the same way it is defined under the Circuit Breaker Bill?"

Steczo

"Yes. That is correct."

Skinner

"That is all household income regardless of sources for all members of the household."

Steczo

"Right. That's correct. Yes. Yes."

Skinner

"Well, I would still prefer not to have a $35,000 maximum limit because it seems to me that someone might live to be 90 years old, might have inherited a...or be a co-owner of a home or a husband or a spouse dies, they might have a real hard time meeting property taxes even though their income might be more than $35,000 a year, but perhaps that fight is for another day. Thank you very much."

Speaker McPike

"Representative Levin."

Levin

"Mr. Speaker, Ladies and Gentlemen of the House. I would rise in support of Amendment #6. Amendment #6 is an agreed Amendment that cleans up a number of the problems that existed in House Bill 410 as it went to the Governor. You know, unless we pass this Amendment and also get this Bill called in the Senate it's really going to put off for at least an addition year the ability of people to take advantage of House Bill 410 since we're obviously passed 50 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day May which is the application deadline."

Speaker McPike

"The question is, 'Shall the Amendment be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it and the Amendment is adopted. Further Amendments?"

Clerk Rossi

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

Speaker McPike

"Further Amendments?"

Clerk Rossi

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

Speaker McPike

"Mr. Schoenberg."

Schoenberg

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Floor Amendment #7 is the Illinois Research Park Authority Act. It is the version of this which has been negotiated on with the assistance of the Governor's bond council as well as the Governor's Office. This is the agreed to version. The highlights are that it has the amount of the debt limitation to $150,000. It provides that the bonds are taxable. It makes changes in the broadening of the definition of what constitutes eligible institutions of academic learning and as I said earlier, the questions which had been raised previously through negotiations with the Governor's Office and the bond council have been resolved and this measure enjoys bipartisan support and I urge its adoption."

Speaker McPike

"Mr. Skinner."

Skinner

"Mr. Speaker, I'm going to play the role of Chicken Little here. The sky is about to fall on the outstanding bonded indebtedness in the State of Illinois and contrary to what the Sponsor just misspoke, I think we're talking about $150 million worth of bonds not a $150,000 worth of bonds. Is that correct, Mr. Sponsor?" 51 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994

Schoenberg

"That is correct and as I indicated in the earlier version of this that the authority...there is no allocation...there's nothing, no appropriation for this that the properties of university affiliated research parks are collateralized in order to secure these bonds and that what we are doing is strictly providing moral authority. These are not general obligation bonds, these are...this is different than what we do with respect to the...IFFA, with the IDA, with the Southwestern Illinois Development Finance Authority. We have broken new ground...no new ground in this matter and we've brought it into conformities so that it's merely merely a credit enhancement and this is no a credit enhancement. There is no subsidy whatsoever, and it is also abstaining."

Skinner

"In your last version, you had the State of Illinois picking up the bond and interest cost if the...if the bond holder could not pay out of his own income flow. Is that still in there?"

Schoenberg

"The extent to which the state is liable is merely in providing it's moral authority and credit enhancement. We are not liable."

Skinner

"Well, tell me what this means on page 22, line 24. The chairman as soon as practicable, shall certify to the Governor, the amount required by the authority to enable to pay the principle of interest and...principle of and interest on the bonds. The Governor shall submit the amount so certified to the General Assembly as soon as practicable but no later than the end current state fiscal year. Why are we involved if we're never going to have to appropriate any money?"

Schoenberg

"We're involved in order to provide accountability on the measure. The constitution of the authority and the way 52 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 that the authority is empowered ensures that the General Assembly does have some oversight, as well as the Governor's Office as to what the activities are relating to this."

Skinner

"Mr. Speaker, it seems to me that we are going to have...I mean, we literally have hundreds of millions of dollars outstanding on the moral faith...the reputation of the State of Illinois, if you will. And the reputation of the State of Illinois isn't that good. As I stated previously, in the last 14 to 15 years, if you look at cash in and cash out, all funds including bonds, the State of Illinois has run a positive balance one year. I don't think that has happened in the last decade. How long do you think we can continue paying out more money than we bring in? If this land speculator and that's what this guy is, if this land speculator defaults on the bonds, do you think that there is going to be moral suasion put on this Body to bail out the bond holders? I can tell you moral suasion was put on this Body in the mid 1970's by failed savings and loan, which was guaranteed, or at least the people who invested in it thought they were guaranteed by the State of Illinois, to have their investments...paid if the S & L went under. We voluntarily kicked in over $12 million. I think Representative Kosinsky was the Sponsor of the Bill. Well, the stakes are higher now, it's not $12 million we're talking about here, maybe it's $150 million here. What we're talking about is a developer and we're going to allow him to use our good name to sell bonds so maybe he can attract someone next to Northwestern University rather than in your district. Well, I assume we'll vote for this. The Gentleman says it's an agreed Bill, but that doesn't make it right." 53 158th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994

Speaker McPike

"The question is, 'Shall the Amendment be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it and Amendment #7 is adopted. Further Amendments?"

Clerk Rossi

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

Speaker McPike

"Mr. Ryder."

Ryder

"Thank you. Mr. Speaker, this Amendment creates the Geographic Information Council Act. Creates within the Department of Energy and Natural Resources. We had a successful study on this and the result was the need and a recommendation from lots of local units of government for this council. I would urge its adoption."

Speaker McPike

"The question is, 'Shall Amendment #8 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it and the Amendment is adopted. Further Amendments?"

Clerk Rossi

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

Speaker McPike

"Mr. Kubik."

Kubik

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #9 would amend the Charitable Games Act and it would increase the number of charitable game nights that can be conducted at municipalities, on the premises of municipalities from eight to sixteen in a 12-month period. This Bill was passed earlier in the Spring, it passed both Houses and was sent to the Governor, however, because of some reform language that Representative Biggins has passed, we need to pass this Bill in order for all of the language to track. I would be happy to respond to any questions you might have and urge the adoption of Floor Amendment #9." 54 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

Speaker McPike

"The question is, 'Shall Floor July 12, 1994 Amendment #9 be adopted?' All in favor say 'aye'; opposed, 'no'. The 'ayes' have it and the Amendment is adopted. Further Amendments?"

Clerk Rossi

"No further Amendments."

Speaker McPike

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

Clerk Rossi

"Senate Bill 1369, a Bill for an Act in relation to criminal law. Third Reading of this Senate Bill."

Speaker McPike

"Representative Schoenberg."

Schoenberg

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Since we've discussed the...all the provisions in this Bill are agreed upon, I move its adoption."

Speaker McPike

"The question is, 'Shall Senate Bill 1369 pass?' All in favor vote 'aye'; opposed vote 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there 85 voting 'aye', 24 voting 'no'. Senate Bill 1369, having received a Three-Fifths Constitutional Majority, is hereby...Santiago, 'aye'. Saltsman, 'aye'. Monique Davis, 'aye'. Miss Murphy, 'aye'. Edley, 'aye'. Hicks, 'aye'. Parke, 'no'. Mr. Clerk, have you caught up? Representative Hughes, 'aye', from 'no' to 'aye'. Moffitt from 'no' to 'aye'. Wennlund from 'no' to 'aye'. All right, on this Motion there are 94 'ayes', 20 'noes'...McAfee, 'aye'. Stephens, 'aye'. Rotello, 'aye'. Maybe we should dump the Roll Call. Mr. Parke has changed from 'aye', to 'no'. Now he wants to go back to 'aye'. Let's start all over. Let's dump the Roll Call, Mr. Clerk. It's very difficult to have 20 people switch their votes. The question is, 'Shall Senate Bill 1369 pass?' All in favor vote 'aye'; opposed vote 'no'. Someone voted Mrs. Wojcik, 'no'. I don't know if that is 55 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 how she wishes to vote. Have all voted who wish? Have all voted who wish? The Clerk will take the record. One hundred eleven 'ayes' and no 'nays', Senate Bill 1369, having received a Three-Fifths Constitutional Majority, is hereby declared passed. Senate Bill 1832, Mr. Black. (Senate Bill) 1832. Mr. Black."

Black

"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. Conference Committee Report #1, there is a typographical error. I'm sorry, just on the analysis sheet. We're not concurring in House Amendment #2. The Conference Committee Report replaces everything after the enacting clause. It allows the Governor's designee, or in his absence, the Department of Central Management Services to temporarily assume and exercise the powers and duties of the Lieutenant Governor's Office. The temporary transfers needed personnel now in the Lieutenant Governor's Office to CMS, to maintain those programs and functions without interruption until a new Lieutenant Governor is sworn into office. It also amends the Higher Education Student Act, increases the monitory award program. I think that Bill passed earlier in the Session by a substantial margin. It also eliminates language and current statutes that requires the Student Assistant Commission to guaranteeing...to guarantee loans made by private lenders at 100% and instead provides that loans simply be guaranteed by ISSAC in accordance with the terms and rates prescribed by federal law. It also amends the Public Community College Act. It provides the general revenue fund and education assistance fund grant payment schedule for those community colleges. It amends the State Finance Act and the Public Aid Code and gets into how money will be handled under the child welfare services program. Without this legislation, that diverts 56 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 80% of the title 4-A money to the children services fund, 100% of the federal dollars for that purpose would instead go to the general revenue fund. The Department of Children and Family Services is seeking to have these federal dollars deposited into its children services fund to simplify accounting and I would think that that would be where it would be most needed anyway. It also changes the name of the Alcohol Drug Abuse and Mental Health Services Block Grant Fund in Illinois statute to the Community Mental Health Services Block Grant Fund. That's what the Conference Committee Report does and I would recommend your approval and glad to answer any questions that you might have."

Speaker McPike

"Representative Cowlishaw."

Cowlishaw

"Thank you very much, Mr. Speaker. Will the Sponsor yield for two questions, please?"

Speaker McPike

"Yes."

Cowlishaw

"Representative Black, there are two things... Representative Black."

Speaker McPike

"He's listening."

Cowlishaw

"There are two things that really need to be taken care of, that are education issues before we go home. They're only two. One of them has to do with the rate for community colleges, that is the formula by which we provide money to community colleges. I was told that that was going to be included in this Conference Committee Report. Is it, in fact, in this Conference Committee Report?"

Black

"I believe it is."

Cowlishaw

"You believe it is, but you're not sure."

Black

"I know it's in there."

Cowlishaw

"Very good. That's most reassuring. And the other, of course, had to do with the map grants through the 57 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day Illinois State Scholarship Commission." July 12, 1994

Black

"Yes, that was my Bill, 1322 and that's embodied in this report."

Cowlishaw

"That is contained in this Conference Committee?"

Black

"Yes, it is."

Cowlishaw

"That's all I needed to know. That's absolutely all we need to do for the schools. We can go home now. Thank you."

Speaker McPike

"Representative Davis."

Davis

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

Speaker McPike

"Yes."

Davis

"Thank you. Representative Black, I see in the Bill that the duties and powers of the Lieutenant Governor will be given to another agency?"

Black

"That's correct."

Davis

"Can you do that without a constitutional change?"

Black

"I'm not a constitutional lawyer, I wouldn't know. But since we're not going to have a Lieutenant Governor shortly, this temporarily transfers the personnel needed to the Department of Central Management Services so the programs in that office can continue to run. I assume if that's unconstitutional, the Supreme Court will let us know that."

Davis

"Thank you, Representative, even though you're not a constitutional officer I was just concerned that we weren't doing something that might be in violation of the Illinois State Constitution."

Black

"Oh, I wouldn't be party to that."

Davis

"Then I will remove my request to come off this Bill. Thank you."

Speaker McPike

"'Shall the House adopt the First Conference Committee Report to Senate Bill 1832?' All in favor vote 58 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 'aye'; opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Motion, there are 106 'ayes', and 2 'noes' and the House does adopt the First Conference Committee Report to Senate Bill 1832, and this Bill having received the Three-Fifths Constitutional Majority, is hereby declared passed. House Bill 447. Committee Report."

McLennand

"Committee Report. The Committee on Rules has met and pursuant to Rule 14(a)4 Conference Committee, House Members appointed; recommends consideration and the Bill be placed on the Order of Conference, Senate Bill 357, offered by Frank Giglio, Chairman, Committee on Rules, July 12, 1994."

Speaker McPike

"Supplemental Calendar."

McLennand

"Supplemental Calendar #4, is being distributed."

Speaker McPike

"Four four seven. Out of the record. Mr. Steczo in the Chair."

Speaker Steczo

"Supplemental Calendar #4, appears Senate Bill 357. Representative Santiago."

Santiago

"Thank you, Mr. Speaker and Members of the General Assembly. This is the TIF's correction Bill that was passed last year. It has some provisions that Representative Steczo and Representative Monroe Flinn have language in here to make that correction. This is an agreed Bill, I move to adopt the First Conference Committee Report."

Speaker Steczo

"The Gentleman moves for the adoption of the First Conference Committee Report on Senate Bill 357. On that, is there any discussion? Representative Kubik."

Kubik

"Thank you, Mr. Speaker. Could the Gentleman explain what the provisions are? You know, I understand that they're 59 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 agreed but I just wondered what they were. Could you defer to somebody and have them explain it?"

Speaker Steczo

"Mr. Kubik. Mr. Kubik, if you just wait a moment, Representative Currie is going to take the Chair and I'll explain it for you."

Speaker Currie

"Representative Currie in the Chair. Representative Steczo."

Steczo

"Mr. Kubik, as the Bill passed the House it contained two provisions. One provision was a corrective action that we took related to Senate Bill 1043, which the Governor signed into law and which was effective last march, relating to TIFS. There were some provisions in that Bill that affected TIFS and this provision grandfathers those in. We affected TIFS that were not supposed to be impacted by Senate Bill 1043. This Conference Committee also makes a couple of technical corrections that needed to be corrected. Secondly, it provides the original Bill as it passed the House, provided a TIF extension, I believe, for Scott Air Force Base in Representative Flinn's district, and this just makes one further extension on that because of the possibility of an important economic development project that may be coming to that area. So, that's what the Bill does. There is no opposition as far as I know."

Kubik

"Yes, I understand that. Representative, on the first provision, you said that it essentially corrects some of the provision of a Bill that we passed last year regarding TIFS?"

Steczo

"That is correct. We passed Senate Bill 1043 which the Governor signed, and that impacted some ongoing TIFS which it was not suppose to do. It impacted some municipal building projects within TIFS which it was not suppose to do." 60 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994

Kubik

"Was that the Bill that changed the length of the time on TIF districts?"

Steczo

"It had some impact on the length of time of TIF districts in a sense that if there was no activity within a TIF within a certain period of time, the TIF ceased to exist."

Kubik

"Okay. And that's the case for new TIFS now?"

Steczo

"Oh yeah, that will be the case for new TIF's, yes."

Kubik

"But not the old ones?"

Steczo

"Correct. The old TIFS play by the old rules."

Kubik

"Thank you."

Speaker Currie

"Further discussion? Representative Leitch."

Leitch

"Thank you, Speaker, Ladies and Gentlemen. I too, would add my word of support for this Bill. There were a number of TIFS, some of them downstate, which were in the pipeline and this...the legislation that Representative Steczo referred to, inadvertently didn't grandfather those districts so they would have to start over for no reason, and this is an important item to get passed and passed successfully. Thank you."

Speaker Currie

"No further discussion, 'Shall the House adopt the First Conference Committee Report on Senate Bill 357?' All in favor vote 'aye'; opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Clerk, please take the record. On this measure, there are 112 voting 'aye', none voting 'no' and this Bill, having received the required Constitutional Majority, is hereby declared passed."

Speaker Steczo

"Representative Steczo in the Chair. I would like to announce that the House is not yet prepared to adjourn. We do have some housekeeping that we have to do before...before beginning with the rest of our business. 61 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 So, Mr. Clerk, any Agreed Resolutions?"

McLennand

Clerk McLennand: "House Resolution 3126, offered by Representative Homer; House Resolution 3127, offered by Representative Curran; House Resolution 3128, offered by Representative Black; House Resolution 3130, offered by Representative Parke; House Resolution 3131, offered by Representative Stephens; House Resolution 3132, offered by Representative Stephens; House Resolution 3134, offered by Representative Erwin; House Resolution 3137, offered by Representative Schakowsky; House Resolution 3138, offered by Representative Hanrahan; House Resolution 3140, offered by Representative Levin; House Resolution 3141, offered by Representative Weller."

Speaker Steczo

"Representative Currie moves for the adoption of the Agreed Resolutions. All those in favor will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it and the Agreed Resolutions are adopted. Mr. Clerk, any Death Resolutions?"

McLennand

Clerk McLennand: "House Resolution 2541, offered by Representative Daniels, with respect to the memory of Hilbert F. Roeske. House Resolution 2811, offered by Representative Daniels, with respect to the memory of Rachel C. Johnson. House Resolution 3085, offered by Representative Deering, with respect to the memory of John P. Novak. House Resolution 3133, (offered by Representative Davis), with respect to the memory of Robert Talaber. House Resolution 3136, offered by Representative Weller, with respect to the memory of William W. Beans. House Resolution 3139, offered by Representative Davis, with respect to the memory of Reverend George E. Riddick. House Resolution 3142, offered by Representative Lou Jones, with respect to the memory of Reverend George Riddick and 62 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Senate Joint Resolution #159, offered by Representative Turner, with respect to the memory of Lillian Suzann Morrow."

Speaker Steczo

"Representative Currie moves for the adoption of the Death Resolutions. All those in favor will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it, and the Death Resolutions are adopted. Mr. Clerk, any General Resolutions?"

McLennand

"No General Resolutions."

Speaker Steczo

"Mr. Clerk, any further Agreed Resolutions?"

McLennand

"Senate Joint Resolution #183, offered by Representative Schakowsky."

Speaker Steczo

"Representative Currie moves for the adoption of the Agreed Resolution. All those in favor will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it, the Resolution is adopted. Page 52 of the Calendar on the Order of Speaker's Table appears House Resolution 1824, Representative Pankau."

Pankau

"Thank you, Mr. Speaker. This Resolution asks for reclassification of the State of Illinois under the Clean Air Act. It is one of those things that over a period of years when the Clean Air Act was originally passed in 1990. Experts have gone back and looked at the data that the Federal EPA used to determine the classification of the state. And they found that the feds own data is defective, and that actually instead of being in the most serious...severe category that we're in, that it should be in the serious category. Now, it is very difficult for the feds to ever admit that they would make a mistake. So this Resolution asks the General Assembly to join with the congressional delegation to also join with the Governor and ask that they look again at their own figures and 63 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 reclassify the State of Illinois. This has a lot of impact on businesses in all the affected areas, because it would actually take us down a classification which would also eliminate a lot of the 'ride' sharing programs that corporations are now thinking about putting in place. And I ask for your approval but before I do that, may I take it out of the record for just a minute."

Speaker Steczo

"Yes, you may. The Resolution shall be taken from the record."

Speaker Currie

"Representative McAuliffe for what reason do you rise?"

McAuliffe

"Inquiry of the Chair, Madam Speaker."

Speaker Currie

"State your inquiry."

McAuliffe

"Why are we sitting here doing nothing? Now, this has been a long Session. We sat around here till 12th of July. When in the hell are we going to get through? You're going to keep us here so that we all have to drive home in the dark. Many of us want to go home today and we don't want to drive home in the dark. We want to go home."

Speaker Currie

"Representative..."

McAuliffe

"We're tired of sitting here."

Speaker Currie

"Representative, the Chair wants to go home too, and we're just waiting on paper work and as soon as the paper work is available we're moving forward. Representative Balanoff for what reason do you rise?"

Speaker Turner

"Representative Turner er in the Chair. Regular Session will go into recess and Special Session II will come to order. And on that order we have Senate Bill 776, Representative Daniels."

Daniels

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. (Senate Bill) 776 is the Medicaid legislation. And in bringing managed care to approximately 1.1 million 64 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Medicaid recipients this legislation represents our best hope to curb runaway increases in Medicaid expenditures. Annual growth and utilization will be controlled and hopefully reduced. Medical services will be focused on primary and preventive care, but recipients will still be assured of having the right medical service at the right time. HMOS and Managed Care Community Networks will be the providers of choice. However, recipients will also be able to select individual physicians and federally qualified health centers as gatekeepers. Recipients will be given notice in education concerning their choices and how the new system will operate. Quality assurance programs will mean that efficient, high quality service will be provided and providers will become our partners in cost control through price competition. In exchange we will add discipline in our payment system to insure full and timely payments of our obligations. There will also be effective fraud reduction. The Department of Public Aid will create a statewide system to electronically verify recipient eligibility at provider locations and demonstration programs for electronic fingerprint and retinal I.D. testing in local offices. Finally, the Bill provides for the creation of an Inspector General with broad powers. The Inspector General will review all public aid programs and report to the Governor. We have all worked together to make this a consensus Bill and I urge your 'aye' vote."

Speaker Turner

"The Lady from Cook, Representative Currie."

Currie

"Thank you, Speaker and Members of the House. I rise in support of the Conference Committee Report. It has been a long haul on managed care in the Medicaid program and the many of us who sat through their, our hearings and markup Sessions have certainly put a lot into this Bill, things in 65 158th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 this Bill that we think will improve our ability to deliver quality care to poor people. I think it's important for the Members of the House to know however, that it is unlikely that we will see real cost containment because we moved to a managed care system. If there are limited savings to be achieved, I will be as pleased as anybody else. But the experts we heard from tell us that the amount of savings will be very limited indeed. It is more likely that we can control the rate of increase, rather than achieve any savings in respect to last year's expenditures. And secondly, they tell us, that those savings don't materialize anytime soon. The road to quality managed care is a long road and it is only when the system is fully mature, fully implemented, that one can anticipate the kind of savings that the Governor suggested we would achieve, when he proposed this program in March. I think it's also worth pointing out that the...that there are major risks in moving into a managed care program without adequate planning for implementation. Today in the State of Illinois there are not adequate health resources available to many people in inner city communities and in rural areas of the state. The point is, you can't offer managed care to people unless there are managers available. In much of the territory where poor people live, those resources are not now available. I think it will be helpful to our program that this legislation offers the opportunity to providers of health care, to the poor, to establish their own managed community care networks that will make them able to compete directly with health maintenance organizations and may improve the availability of resources for poor...poor people that we serve in our Medicaid program. There are some things that I am not 66 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 happy with this...happy within this Bill, among them are, co-payments, co-payments may make sense for people who have disposable income, but the fact is that we now today pay only 42% of what the state says it takes to keep body and soul together to people who are our clients on the state's Medicaid program. At 42% of what you need to keep a roof over the head and food on the table, it is hard for me to see how the poor, will in fact, be able to meet the co-payments required under this Bill. One of the co-payments looks pretty high, it is a $10 charge, if you use a hospital for what is, in fact, a hospital emergency room for what is, in fact, not an emergency service. But the way that works is this, you never know of course when you're feeling sick and you think that you might be at death's door whether you really are or whether you really aren't. So under this proposal, the Medicaid client that goes to the emergency room and discovers that it is not a medical emergency will not be required to pay the co-pay unless that individual demands the service, the service that is not an emergency service. Similarly to the ambulance service, again if you don't know whether you're at death's door or whether you aren't, we're not interested in applying a co-pay to people who are merely trying to find out if they need some help. So my guess is that the $10 co-pay for the ambulance that is used for non-emergency services applies if you decide you want to take the ambulance home. There are some concerns in the Bill about the application of the Right of Conscience Act to this proposal and I think that there...there would be agreement among many in this chamber that hospitals, for example, who by virtue of their religious beliefs do not wish to perform certain services should not be required by the operation of 67 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 this program to do so. I think that the provisions along that line in this Bill are meant. directly to track the Current Freedom of Conscience Act. No hospital just because it is affiliated with, for example, a Catholic hospital would be under this provision able to stop performing certain kinds of services unless it itself held that set of beliefs, similarly the language about the religious beliefs and moral teachings, in my view, directly tracks what is current law under the Freedom of Conscience Act. So we embark upon this...this adventure in managed care. I think we have made major improvements in this Bill over the many hearings and markup Sessions that we held in the House, provisions that will help protect our vulnerable clients and some of the vulnerable institutions that serve them, for example, federally qualified health centers will be an available choice for Medicaid recipients and when they provide services to the department they will be reimbursed at reasonable levels. There is a guarantee in the co-payment section that because an individual recipient can't make the co-pay that individual will still be entitled to service. I think the managed community care networks are an exciting new concept here in Illinois and I think that we will do ourselves and our Medicaid clients a favor if we embark upon this cautious, well safe guarded step in managed health care for poor people."

Speaker Turner

"The Gentleman from McDonough, Representative Edley."

Edley

"Thank you, Mr. Speaker, Ladies and Gentlemen of the General Assembly. I reluctantly rise in opposition to the Bill, not because I am opposed to health care reform, in fact, I think I'm on record as someone who has supported health care reform as much as anyone in the House, and not 68 158th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 for any partisan reason. I support co-payments, I think that is a good idea. And I certainly support timely payments for the state's obligation to Medicaid and I think that is a good idea. And even though I don't hold out a lot of hope that any kind of managed competition health care reform will control health care costs, I am of a strong opinion, that by the state guaranteeing the payment of these Medicaid Bills that providers may have against HMOS and these managed care community networks that we expose the taxpayers in the State of Illinois into paying for Medicaid Bills twice. We will pay the HMO and then if they go bankrupt or become insolvent and after the bond holders get their money and after the bankers get their money and after the other security creditors get their money and there is not enough left to pay the hospitals and the doctors, then the State of Illinois has to step in and pay those Medicaid claims. I think that that exposes the taxpayers and the State of Illinois to really a standard that even the federal government doesn't provide to S&L depositors. The bottom line is, when a doctor takes his Bill to the HMO, he is going to be in a better position than if he had taken the money to the bank. Because he has caps at the banking level and his...ability to collect from an insolvent bank. But if he takes it to a HMO he is absolutely guaranteed of payment. And how then are we going to use the concept of competition, the concept of private sector competition, to control health care costs, when the State of Illinois and the taxpayers will cover all bets? It takes away the fear of loss and the fear of loss is an integral component of private enterprise and so for that reason I reluctantly oppose this health care reform package." 69 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

Speaker Turner

"The Phelps: Phelps." July 12, 1994 Gentleman from Saline, Representative "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of this Conference Committee Report and I first want to say I attended almost every Session and I want to commend, especially Gary Hannig and Barbara Currie and Representative Schakowsky and Representative McPike and Leitch and Krause for their duration of the meetings. I felt like a lot of good points where brought forth in those markup Sessions, great experience for me. But I want to rise, even though I'm supporting this, and to caution Members, that first, managed care is presented and based on some false assumptions. In a state like this especially, as we heard from those that came from Arizona and Tennessee who adopted something similar that a state as diverse as ours, especially, will have problems with an HMO managed care system like this because the assumptions are that we already have equitable access and allied professional manpower people in place throughout the state to distribute the kind of health care that we say is in this Bill and that is not true. This will be a benefit to the urban areas, it doesn't really do a whole lot for the rural areas from where I represent and I realize that, but I am also a realist to know that unless we get a handle on the costs in the big urban areas we don't have a chance in the rural areas to survive. So based on, even though there's false assumptions of success, we...our expectations should not be very high especially in the first year or SO and not really expect to save costs. In fact, I predict we'll be back here with all kinds of nightmare problems, just in the near future. But I do rise in support and want to thank 70 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 those who spent so much time to try to at least get something that we can say we're trying to reform and go the direction that we should for health care in this state."

Speaker Turner

"The Gentleman from Cook...I mean the Gentleman from Peoria, Representative Leitch."

Leitch

"Thank you...thank you very much, Mr. Speaker. Is this a perfect Bill? No, it is not a perfect Bill, but it is an important Bill, it is an urgent Bill. Because it is time that we tame the monster or begin to take the first steps to taming the monster that is raging out of control and consuming our budget and putting so many other worthwhile projects in our state under pressure. From $318 million, million dollars in 1970 to 2.4 billion in 1990, just 20 years later. To 4.76 billion in 1993, just three years later and today over $5 billion, something has to be done. Something has to be done, we must make this step to managed care. Everybody knows it, everybody in the country is doing it and we must take that step. Will this be implemented in the early April 1st, early next year, of course not. Anyone who knows anything about this subject, understands that that will not occur. Will it take from two to three to four to maybe five years, probably, to be realistic, but we must make this step now. This Bill has a number of very good features in it. Virtually anyone who has looked at the system understands that there is considerable slipperage, it is loose, that there is potential for fraud, waste and abuse. The famous fraud, waste and abuse is alive and well and in these programs. And so we have the electronic fingerprinting demonstrations, the retinal demonstrations, the electronic verification, we have the smart card technology finally being introduced into this system. We are making important 71 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 steps, important technological steps to tame this monster. Importantly, to our health care providers, we have finally introduced in this Bill a prompt pay requirements which are supported by other credit means so that we can pay these bills in a timely way and statutorily are required to do so. There has been talk about the co-payments, a very important issue to each of us, since over half of the emergency room visits and the ambulance rides on Medicaid are often deemed to be not medically necessary. It is urgent that we inject some co-payment into this system and indeed this Bill does. For some of us who are downstate and outside of Cook County, the potential to explore through the University of Illinois School of Medicine, the flexibility to work with the University of Illinois in creating in our communities managed care community networks, is a very promising, very important development. It not only, but importantly, encourages cooperation among our local hospital communities, but what it also does is strengthen and vitalize the new role in the future of the University of Illinois School of Medicine in our communities. All in all, there are many things we could say about this Bill, many things we could think about the Bill. This Bill will do some things right, it will do some things that prove to be wrong, but to do nothing is to be wrong all of the time. Thank you, Mr. Speaker."

Speaker Turner

"The Lady from Cook, Representative Krause."

Krause

"Thank you, Speaker. I rise in support of the Conference Committee Report and believe that the Medicaid managed care, that it is necessary for the State of Illinois to move forward with Medicaid managed care. And although I have reservations about some of the provisions that are contained in this Bill, I believe that it is in the best 72 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 interest of our state on balance that we proceed with a Medicaid managed care program at this time. This is an opportunity to begin reform of a system that is in need of reform. Where costs have spiraled, where abuse has occurred in the system and where indeed legitimate people have not been included. This legislation will address those issues and we can insure that people will now receive the necessary services and that unnecessary medical services can be eliminated. It is a Bill that can redirect the dollars, the important dollars, towards primary care and preventive care. And this legislation can contain costs and it can pay our Medicaid providers on time. This Medicaid managed care legislation can serve the needs of the 1.1 million people that are dependent upon the Medicaid program and, indeed, also protect the health care providers. I believe therefore, on balance that this legislation should be supported and should be adopted by the General Assembly."

Speaker Turner

"The Gentleman from McHenry, Representative Skinner."

Skinner

"Well there are two ways you can vote on this Bill and I've only...I haven't heard any enthusiastic support at all. So I guess the first way is to hold your nose and vote 'yes'. The second way is to vote 'no' because you know it's not going to work. In the national magazines that talk about managed care for public aid they predict a 5% savings, nobody here has predicted any savings. In fact, most people have suggested the cost is somehow going to go up when we're coming out of a recession. Now those are two differing trend lines that just don't make any sense whatsoever, if this plan is suppose to work. One suggestion that has been repeatedly put forth, which the 73 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Department of Public Aid has refused to accept, is just to buy insurance policies for those on welfare. There are all sorts of people on this House floor that can make a better argument for that than I, but certainly it would be cheaper than letting the public aid bureaucracy continue to run public... Medicaid. The second suggestion that has been given apparently no consideration, is putting out managed care for bid on geographic areas. Tell folks in McHenry County on public aid, you're going to have a provider, we don't know who it is going to be, somebody is going to come forth, an insurance company, a PPO, an HMO, a group of hospitals and they're going to provide the care. Now some might argue they...might end up with second rate care. I would suggest that the public aid entitlements, that is, the benefits that a public aid person can get, are better than our insurance policies. I would also like to renew another objection I have, the same one I have to the appropriations process. There was no substitutive committee consideration of this Bill. Representative Phelps' committee never got a Bill, it went to an Appropriations Committee Bill, place, it just doesn't make any sense. One question the Department of Public Aid absolutely refuses to answer, is how many public aid employees will be laid off in FY96? After this program gets under way we're not going to have to look at 10 to 20,000 providers, we're going to be looking at hundreds of providers, you don't need as many people to push paperwork. This is a...an arts type of what I would call a headline Bill. It will get a headline, but the Bill will not accomplish what most people will think the goals are when they read the headline. I would also like to point out that this probably won't be a close vote and I would like 74 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 to suggest some analytical point of view, that any major reform that isn't a close vote doesn't do much."

Speaker Turner

"The Gentleman from Macoupin, Representative Hannig."

Hannig

"Thank you, Mr. Speaker and Members of the House. The Medicaid problem has been a problem that we in this Legislature have struggled with now for the last few years. Many of you may recall, that just two years ago in a effort to try to address this problem, we adopted the very unpopular Granny Tax. Last year we were here in July debating the cigarette tax and you may recall that that proposal was suppose to be a two year solution to the Medicaid problem and the wheels fell off that program in about six months. So when the Governor brought forward his proposal this year we decided that we would have some hearings up front and try to get an understanding of what it is that managed care really was. And indeed we had some unprecedented hearings, we had a record number of meetings on this subject down in Room 114, we had expert witnesses, we brought providers into the picture and gave them an opportunity to participate openly in the debate. The meetings were open to the public and all Members of the Legislature were certainly willing and able to attend if they so chose. And I think we did make this Bill a better Bill but as many have pointed out it still has its imperfections and certainly is far, far from being a solution to the problem. The way I looked at the Bill, after having heard this testimony and looking at the latest draft, it will not, in my opinion, enroll the number of people that has been proposed by the administration by April 1st. It may not even be up and running by April 1st as the administration wishes it to be and tells us that it 75 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 158th Legislative Day will be today. And certainly it will not save the kind of money that we heard about when this proposal was unveiled back in April and March. And to a large degree I think the Governor, in an effort to try to reach compromise with the various groups, has compromised much of what could have been savings to the state. So, it is I suppose, Ladies and Gentlemen, a small step forward in the area of Medicaid and for that reason I support it but I would also predict that just as the sun rises tomorrow in the East that all of you who have the opportunity to be back here next year will be facing this Medicaid problem again. It is not a problem that will go away and it is not a problem that managed care will solve. It is still a big problem that looms out there on the horizon. So yes it is a small step, it deserves our support today but it certainly is not the solution. Thank you."

Speaker Turner

"The Gentleman from Cook, Representative McAuliffe."

McAuliffe

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

Speaker Turner

"The Gentleman moves the previous question. All those in favor say 'aye'; all those opposed say 'no'. And the opinion of the Chair the 'ayes' have it. Previous question is put. There are a number of lights still blinking, we will allow those people to explain their vote. Representative Daniels, to close."

Daniels

"Mr. Speaker, Ladies and Gentlemen of the House. The Governor's Medicaid reform plan was triggered by a response to significant unfunded FY94 deficits at 1.3 billion and uncontrollable future liabilities. This plan, the Governor's plan, moves to a managed care system, it eliminates fraud, increases legislative oversight of the Medicaid program, insures prompt payment of new Medicaid 76 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Bills and implements co-payments to insure appropriate utilization of medical services. I want to thank the Governor for his initiative and thank all of those in the General Assembly for their work and their efforts on behalf of this Medicaid plan. This is our best effort to move to the managed care form, we are very confident that it will work and I seek your favorable support on this legislation."

Speaker Turner

"The question is, 'Shall the House adopt Conference Committee Report #1 to Senate Bill 776?' All those in favor should vote 'aye'; all those opposed vote 'no'. Voting is now open. The Lady from Cook, Representative Schakowsky. One minute to explain your vote."

Schakowsky

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The conventional wisdom around here is that quite obviously managed care is a good idea. I want to tell you that I am a real skeptic about managed care. The shape that it is taken in this country is these large commercial HMO's who very often have bureaucrats deciding whether or not individuals should have this kind of service or that kind and very often denying care. This is from personal experience and also from lots of constituents that have called me about that. The congressional budget office says that managed care doesn't necessarily reduce health care costs. It seems to me if we want to really attack the problem of health care, we have to do it in a comprehensive way. We can't just look at Medicaid, we have to look at all health care costs for all of our citizens, we have once again failed to do that. The other thing I wanted to say is, that co-payments, there is not a shred of evidence that they really reduce fraud, that they're going really to save 77 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 money in the system. What it does say is, that some poor people will not get the care that they should be seeking, they will be discouraged from going to get that care and, in fact, down the road are going to cost us even more. And finally I want to say that in my view, the reason I'm going to vote for this legislation is, while I have always supported a single payer system, my view of that single payer was not in fact Chicago HMO and my fear is, if we don't pass this Bill to allow the creation of managed care community networks made up of entities that have for a long time served poor people in our communities, federally qualified health centers, hospitals that have served poor people, that we're going to find ourselves with a very limited number of HMOS that don't necessarily have the interest of poor people in mind. So I'm going to vote reluctantly 'aye'."

Speaker Turner

"The Gentleman from Cook, Representative Levin. One minute to explain your vote."

Levin

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I too have some serious problems with this legislation, particularly with the co-payment, I was given a figure that if this...if the equivalent of this co-payment was applied to Members of this Body, you would be paying $87 every time you went into a hospital or a doctor, that's a very steep amount. It is my understanding, however, that the co-payment is conditioned on approval of a federal waiver and that in the event there is no federal waiver, there will be no co-payment. Because of what this does for the dishes...dish hospitals and because of my understanding in terms of the condition nature of the co-payment which I don't think the feds are going to grant, I'm going to vote for this legislation." 78 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

Speaker Turner

"The Gentleman from Cook, July 12, 1994 Representative Pedersen."

Pedersen. One minute to explain your vote. Pedersen

Pedersen. One minute to explain your vote. Pedersen: "Yes, Mr... Thank you, Mr. Speaker. I was just about to correct you. Mr. Speaker, Ladies and Gentlemen of the House. Representative Skinner talked about a point that I understand is optional in this plan that we're passing and that is the notion that you take the money already in the system for a particular family or situation, take that money in the form of certificate and buy an insurance policy. You will create...put competition among insurance companies, you get the audit, the checking of claims and that whole process where you just don't need government. And I would really strongly recommend that some...as a part of this program that that be instituted in a small...even in a small way."

Speaker Turner

"The Gentleman from Grundy, Representative Weller. One minute to explain your vote."

Weller

"Thank you, Mr. Speaker, and in support of this legislation. You know, for many of us, this Session has been a big disappointment, if you care about health care reform. We had important legislation before this House which dealt with preexisting conditions and need to help people with that problem. We had legislation before this House to provide affordability so if you change your jobs you could take your health care coverage with you. We had legislation before this House that would provide to give the noncorporations, the little guys, the farmers, the small business, the self employed the same tax breaks that corporations have. None of those Bills were brought for a Third Reading vote, that's one of the disappointments of this Session. However, this particular Bill does offer an opportunity for health care reform and it offers the 79 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 opportunity to deal with some of the problems of government run health care. In the last six years that I have been in the House, I've seen Medicaid go from 1.4 to $5 billion program in just six years, government run health care. This Bill does provide..."

Speaker Turner

"The Lady from Whiteside, Representative...the Gentleman from Madison, Representative McPike."

McPike

"Just in response to the last speaker. If you would be so kind when we're finished with this Bill, if you would call 1709 and 1710 and if they want to vote on them, let's vote on them."

Speaker Turner

"The Lady from Whiteside, Representative von Bergen-Wessels." von Bergen-Wessels: "Thank you, Speaker and Members of the Assembly. I just wanted to preference my vote by stating that while this is a very large Bill, there is a small provision which mentions my husband's profession, podiatric medicine. It's contained in the willing provider section. As drafted I don't believe that this Bill would have any impact whatsoever on my husband's rural downstate practice. And so I feel that I would not be in a conflict of interest by voting for the Bill. Thank you."

Speaker Turner

"The Gentleman from Champaign, Representative Johnson. One minute to explain your vote." Johnson, Tim: "I move to amend the rules of the House so that we can move to the cut off explanation of votes."

Speaker Turner

"All right. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this Bill, there are 99 voting 'yes', 6 voting 'no', 7 voting 'present'. This Bill, having received the Constitutional required Majority, is hereby...Three-Fifths Constitutional required Majority, is hereby declared passed. 80 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Representative Davis wishes to have been recorded 'yes' on that Bill. Representative Pugh would like the record to reflect that he... Page 44 of the calendar, we have Senate Bill 1709, Representative Krause. Out of the record. Page 44, we have Senate Bill 1710, Representative Krause. Take it out of the record. On Conference Committee Reports, Supplemental Calendar #3, we have Senate Bill 1803. Read the Bill, Mr. Clerk. No, it's Conference Committee Report. Mr. Churchill."

Churchill

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Conference Committee Report #1 on Senate Bill 1803 does several things. It abolishes the FOID Card Committee studying the firearm transfer inquiry program. It prepares statutes to comply with the constitutional changes on the effective date's Constitutional Amendment in the event that that Amendment is passed by the voters this fall. It creates the Commission on Community Service and the Office of Lieutenant Governor to insure the state implementation of a federal program. It contains some M.F.B.E. language which extends the Act, it creates the Women's Business Ownership Act and it extends the dates for several Acts which were set to sunset later on this year."

Speaker Turner

"The question is, 'Shall the House adopt Senate Bill 1803, the First Conference Committee Report?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. The Gentleman from Cook, Representative Morrow. One minute to explain your vote."

Morrow

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I want to commend Representative Churchill for fine work on Senate Bill 1803, for taking the language that I had to...for the M.F.B.E. and putting in this Bill. It's always good to work with the other side of the aisle." 81 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

Speaker Turner

July 12, 1994 "Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this Bill, there are 110 voting 'aye', no 'noes', no voting 'present', and this Conference Committee Report, having received the Three-Fifths Constitutional required Majority, is hereby declared passed. Representative Pugh wishes to be recorded as 'aye'. The transcripts will reflect that Representative Pugh wanted to be voted 'aye' on the last Bill. The Gentleman from Cook, Representative Steczo."

Steczo

"Thank you, Mr. Speaker. I would like to have the record reflect, that had I...I was off the floor and not able...not recorded on the final vote on Senate Bill 776...had Bill." I been, my intention was to vote 'yes' on that

Speaker Turner

"The record will SO reflect, Representative. Regular Session will now be in recess and the Special Session will come to order, and on that, Representative Granberg. Representative Granberg, moves that the Second Special Session, now stands adjourned, sine die. All those in favor should say 'aye'; all those opposed say 'no', in the opinion of the Chair, the 'ayes' have it and the Second Special Session is adjourned, sine die. The Regular Session will now come back into order, and on that, we have House Resolution 1824, Representative Pankau."

Pankau

"Thank you, Mr. Chairman. As I explained before, this Resolution asks the General Assembly to join with the Governor of the State of Illinois and the Congressional Delegation from Illinois, and requests the Federal EPA to reclassify the State of Illinois under the Clean Air Act. This reclassification would lower the state from the severe status that we're in right now to the next classification below it which is serious and I ask for your approval." 82 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994

Speaker Turner

"The Lady from Sangamon, Representative Moseley."

Moseley

"Will the Sponsor yield?"

Speaker Turner

"She indicates she will."

Moseley

"Representative Pankau. Does this Resolution have any impact on the ethanol industry or the Clean Air Act?"

Pankau

"No it doesn't."

Moseley

"No effects against it?"

Pankau

"No it doesn't. It would only affect the areas which are in the non-attainment areas which is basically Cook County, the collar counties, and then there is also a little bit in the...east of the St. Louis area."

Moseley

"But to your knowledge, would it negatively impact the ethanol industry either?"

Pankau

"It wouldn't affect it one way or the other."

Moseley

"Okay, thank you."

Speaker Turner

"The Gentleman from Cook, Representative Dart. For what reason do you rise?"

Dart

"Thank you, would the Sponsor yield?"

Speaker Turner

"She indicates she will."

Dart

"Representative, is the...by changing the ozone level here, are the requests for the feds to do that...would this not shorten the time period that businesses have to comply?"

Pankau

"Yes, it will, and that it is why there is a provision in the Resolution that asks, that should the request for reclassification be granted, that the nine years to take affect would start from the date that they reclassified the state, and that would take it, depending on if they actually do it, to within four or five years of the fifteen year mark that we would have had originally."

Dart

"So it would cut it down to almost five years or so?"

Pankau

"Correct. There would be a buffer of about four or five years, and most major corporations feel that they could go 83 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 in for an extension anyway in a couple of years."

Dart

"But are not most of the businesses in the business community right now opposed to this because of the fact that it would shorten their timetable a great deal in which they could apply?"

Pankau

"Actually, most of the businesses are very much in favor of shortening the period. It's the major corporations that feel that as any business would, you know, if there is a mandate and you want me to comply with it, I would want the most amount of time that I could possibly get. What this would do, however, is take away the employee trip reduction component to the Clean Air Act which is...starts this next year and it's also a major expense on the corporations. So, would it be better if they can get rid of that? It's almost better to start cleaning up their air now and have that done in an earlier period of time. It's an offset of cost, Representative Dart."

Dart

"But...are...so the business communities have signed off? My understanding is, they're opposed to this because of the shortened time period. Is that...they've changed?"

Pankau

"That was the same question Representative McPike asked me in his office. He understood that the IMA was opposed to this. I told him I had not received any communication to that affect and..."

Dart

"Is IRMA opposed to this as well?"

Pankau

"Pardon?"

Dart

"Is IRMA opposed to this as well, the retail merchants?"

Pankau

"My understanding is that they are not taking a position."

Dart

"Nothing further."

Speaker Turner

"Representative Pankau to close."

Pankau

"I would also like to remind the Body that this same 84 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Resolution in its same form, has passed the Senate unanimously, and so I would ask for that same consideration from the House. This is a good thing for business."

Speaker Turner

".....Representative Balanoff, for what reason do you rise?"

Balanoff

"Mr. Speaker, Ladies and Gentlemen, I would just request a Roll Call Vote on this Amendment."

Speaker Turner

"A Roll Call Vote...the Gentleman requests a Roll Call Vote on this Resolution and the ques...the question is, 'Shall House Resolution 1824 pass?' All those in favor should say...vote 'aye'; all those opposed vote 'no'. Voting is now open. The Gentleman from McHenry, Representative Skinner, one minute to explain your vote."

Skinner

"Now, for those of you voting 'no', when your constituents want a job at Motorola, up in Harvard, north of Harvard, I want to know how they are going to get there. They're not going to be able to take the train, they're going to have to drive, and if this Resolution, that is if the underlying Act in Congress doesn't get repealed, they're going to have to walk."

Speaker Turner

"The Gentleman from Madison, Representative McPike. One minute to explain your vote."

McPike

"I appreciate Representative Pankau taking this out of the record, and I will admit that...I will admit that people could have mixed emotions on this. The real question that you have to ask yourself is, if you're trying to help a major, major employer in your district is, whether or not that individual should have nine years to comply or fifteen years to comply. I know Shell Oil Company and Olin Corporation and Granite City Steel, 'McCleets' Steel, all major manufacturers in my district, they wouldn't have to think very long. They'd say, first 85 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 of all, we hate mandates, but second of all, if you're going to mandate us to do it, give us fifteen years to comply and not nine years. I would presume that this does help those people that don't have stationary source pollution, like the retail merchants, I would guess, but it certainly does not help in any way, shape or form, the manufacturers segment."

Speaker Turner

"Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this Resolution, there are 52 voting 'yes', 59 voting 'no', one voting 'present', and the Resolution does not pass. The Resolution fails. Page 47, we have Senate Bill 447. Read the Bill, Mr. Clerk."

McLennand

"Senate Bill 447 has been read a second time previously. Amendment #1 was...no Amendments have been adopted. No Motions filed. Floor Amendment #1 offered by Representative Krause."

Speaker Turner

"Out of the record, I should say with...withdraw, withdraw Amendment #1. Further Amendments, Mr. Clerk."

McLennand

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

Speaker Turner

"The Gentleman from Clinton, Representative Granberg, on Amendment #2."

Granberg

"Thank you. Leave to withdraw Amendment #2?"

Speaker Turner

"The Gentleman wishes to withdraw Amendment #2. Further Amendments, Mr. Clerk?"

McLennand

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

Speaker Turner

"Representative Granberg, on Amendment #3. The Gentleman from Clinton, Representative Granberg, on Amendment #3."

Granberg

"Thank you, Mr. Speaker and Ladies and Gentleman of the 86 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 House. Amendment #3, Public Aid clean up language, with the Department of Public Health, provides for certain technical language. In addition it provides language at the request of the Illinois State Medical Society. In relation to the Department of Public Health, to administer, to administer the acts with the people with HIV, and I do not think, I do not believe that there is any opposition to that language."

Speaker Turner

"The Gentleman from Dupage, Representative Johnson." Johnson, Tom: "Yes, will the Sponsor yield?"

Speaker Turner

"He indicates he will." Johnson, Tom: "Representative, does not this Bill also add a provision giving the...at the request of the guardian, Patrick Murphy, the ability to basically make decisions for those individuals who are comatose or whatever to issue a do not resuscitate order, without a court order, is this not a new provision?"

Granberg

"Yes, Representative in fact that language was in there at the request of the Office of the Public Guardian." Johnson, Tom: "Can you explain why this is being added at this time?"

Granberg

"The office of the Public Guardian, wanted the ability to follow through on the Health Care Surrogate Act, the language is exceptable with the Illinois Hospital Association, the Illinois Bar Association, Medical Society and the Catholic Conference." Johnson, Tom: "Right now, when you are appointed guardian, okay; can you not, at that time, make a request of the court and litigate this type of issue if, in fact, it ought to be included in any order of appointment, as an attorney or guardian in these types of cases? Why is it necessary to 87 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 just blanket give somebody the right to tell the medical community, do not resuscitate this person, when you are just appointed as an attorney on it?"

Granberg

"The section sets forth the actual duties of the personal guardian. And to specifically authorize what a personal guardian can enter into a do not resuscitate order, forewarned. This is to be done with out a court order, after a guardian examines what the ward would have done in similar circumstances, SO this extends that authority..." Johnson, Tom: "How would he do that if in fact he is already comatose?"

Granberg

"The public guardian would have the ability to do this, much like, in addition to the regular Health Care Surrogate Act. Much like a personal guardian...it would be a similar situation." Johnson, Tom: "You are saying that the public guardian ought to become the court, and make that determination for himself, right?"

Granberg

"Correct." Johnson, Tom: "So no longer do you need any oversight. Now in your experience, has a public guardian ever gone and petitioned the court for this right, where, in fact, the court has denied the public guardian the right to do this?"

Granberg

"If the ward would object to the do not resuscitate order, then the guardian could not consent to do that." Johnson, Tom: "But that is 'Catch 22'. If, in fact, I am appointed guardian and the ward is comatose, how in the world is the ward to consent? And how do you tell the ward, that I've issued a do not resuscitate order to a comatose patient? How do I tell them that?"

Granberg

"The duties that would be carried out would be similar 88 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 to a personal guardian, much like it is now." Johnson, Tom: "The law provides family members to make those decisions. But the law also says, that a guardian, if in fact, he wants to take that petition...or that position, he should petition the court. Why would we not want that continued oversight in place?"

Granberg

"Tom, I am sorry, Representative could you repeat the question?" Johnson, Tom: "Right now, if the guardian wants to take that position with a ward, he could petition the court, and the court has oversight. Now is it not far better than the court to at least have an oversight as opposed to a single individual, on his own, deciding because he is a ward, in a position that that ward may or may not make it, that I am just going to tell the medical community, do not resuscitate this person. I don't think we need that continued oversight. What is so onerous about going to the court and asking for that?"

Granberg

"You are correct."

Johnson

"To the Bill, Speaker. You know, I appreciate the contents of the bulk of this Amendment, but I have to vote 'no', because of this provision. This provision basically now puts in the hands of a single individual, the right to make a determination on behalf of somebody who he may have been appointed for, to tell the medical community, do not resuscitate this person, and he does that totally on his own, without the oversight of the court. And I believe that this is ill conceived, this is very bad, and it is bad policy and we should not be doing this. And it is because of that, that what I believe is a good Amendment, in my opinion I am going to have to vote no. Thank you."

Speaker Steczo

"The Gentleman from Vermilion. Representative 89 158th Legislative Day Black." STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994

Black

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

Speaker Turner

"He indicates he will."

Black

"Representative, how many wards might the public guardian of a county as large as Cook have under his or her jurisdiction, at any given time? Do you have any idea?"

Granberg

"Representative, I do not have that number off hand. I can find out for you in a few moments."

Black

"Would it be fair to assume that it could be a substantial number? Certainly more than two or three."

Granberg

"I do not know what a substantial number would be."

Black

"Well, I guess we cannot deal with numbers if you do not know, and I appreciate that answer. I, my hunch is, that there would probably be a number of people assigned to the public guardian...a number, I would assume might be so large that the public guardian would not even know some of these people by sight, maybe not even know some of them by name unless he had a piece of paper in his hand telling him. Why do we want to abrogate the public guardian's responsibilities to protect that ward by going to court, and asking the court to agree with the guardian, that a do not resuscitate order should, in fact, be issued?"

Granberg

"Representative Black, to your previous question, there are 400 guardians currently in Cook County, wards in Cook County."

Black

"All right, I think that makes my question even more important, given the fact that there would be 400 people who the public guardian has assumed responsibility for. I doubt seriously the language in the Amendment on page 110, you know, it says the guardian's decision for a ward shall conform as closely as possible to what the ward would have 90 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 done under the circumstances, etcetera, etcetera. It's, I think it is not only possible, it is probable, that many of these wards would not be known to the guardian at all. Given that fact, why do you want to bypass any kind of judicial review, when you are talking about a life or a death decision here?"

Granberg

"Okay. Representative, I believe what this does is, it places the Cook County public guardian in the same status as other guardians throughout the state. They currently have the ability to do this."

Black

"Yes, but guardians in our counties I do not believe are responsible for anywhere near 400 people."

Granberg

"But they currently have the ability to do this. Now, if we look by the percentages maybe, the percentages would be the same I would think. Now, the numbers are not. Now, whether in your county or mine, our guardians currently have the right to do this. So it seems in fairness, that those provisions should apply to Cook County as well."

Black

"Okay, well..."

Granberg

"I mean, the issues are the same."

Black

"Thank you very much, Representative. Mr. Speaker and Ladies and Gentleman of the House. Perhaps we need to revisit the authority given to guardians in every county in the state. But in this particular Amendment, I call your attention to the fact, that the guardian may be responsible for as many as 400 hundred people. And you are entrusting this person, who may or may not know anything about this ward to make a decision that could mean death to that individual. And as Representative Tom Johnson said so eloquently, you have a Catch 22. If the ward is comatose, you certainly can not go the ward and say, I think this decision is okay with you, can you give me some kind of a 91 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 sign. You are giving tremendous authority to the public guardian of any county of this state, and if it's done that way in the other 101, maybe we need to reexamine that. But particularly, when you give this authority to someone who is responsible for as many as 400 hundred people, some of them could be, and are, small children, you are giving some extreme power to that individual. I do not have any problem with the underlying Surrogate Act. I have a living will, and my wife has a living will. But I do not know that I want to give that authority to somebody who does not even know me. I do not think that is very good public policy, particularly at this hour, late in the Session. I am compelled, Mr. Speaker, to ask for a Roll Call vote on the Amendment. I am joined by colleagues, pursuant to Rule 55(c), and I would think that a 'no' vote would be the appropriate vote at this time."

Speaker Turner

"The Gentleman from Cook, Representative Schoenberg. The Gentleman from Cook. The Gentleman from Effingham, Representative Hartke. The Gentleman from Cook,

Representative Hartke. Turn on Hartke. Hartke

Representative Hartke. Turn on Hartke. Hartke: "Well, I was going to request a Roll Call vote, but Representative Black has done that. So..."

Speaker Turner

"The Lady from Cook, Representative Murphy." Murphy, M: "Thank you, Mr. Speaker. Will the Sponsor yield?"

Speaker Turner

"He indicates he will." Murphy, M: "Representative, since we are talking about 400, in excess of 400 wards under the Cook county guardians, many of them young children, that were brought in through DCFS. Is there anything that would outline a criteria that would demonstrate the patient's past wishes?"

Granberg

"Representative, we are talking about wards who are senior citizens, the older..." 92 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day Murphy, M: "Oh, is it outlined in the legislation?"

Granberg

"The informed and the disabled." Murphy, M: "Does it say only seniors? outline only seniors?" July 12, 1994 Representative, does it

Granberg

"Representative, I can not imagine why a child would seek an order to non-resuscitate" Murphy, M: "Well, children that are in car wrecks, premature babies that are brought in, babies that are brought through DCFS that have been battered beyond recognition, could fall, or do fall, under the public guardian's domain. Is that not true?"

Granberg

"This gives them the same responsibilities..." Murphy, M: "The right to be killed?"

Granberg

"Excuse me, may I answer the question please? This gives them the same responsibility as other public guardians currently have. Because they are placed in the same, and ????? to local ???? as the same amount of a family member." Murphy, M: "Can we have some order, Speaker, I can't hear. This is very serious. I commend the public guardian, when he took on a constituent of mine's case, where a hospital wanted to perform electroshock therapy on an 85 year old woman who wished to not have electroshock therapy. The public defender went into the court system, and was able to prevent electroshock therapy from being performed on this woman. Why would this public guardian, what is the genesis of your legislation, to allow the public guardian to be a life and death decider of the wards of our state and Cook County? What is the genesis, Representative? Why is this crucial at this time, tonight?"

Granberg

"The office of the public guardian thought that they should have the same rights and responsibilities as other 93 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day public guardians..." July 12, 1994 Murphy, M: "Can they wait till next year, Representative, to kill the wards of this state?"

Granberg

"The office of the public guardian, thought it would be appropriate for them to have the same rights and responsibilities as other guardians throughout the State of Illinois." Murphy, M: "Are you aware of how many infants are on life support system in Cook County Hospital or in hospitals throughout Cook county, that are wards of the state under the public guardian that would be in jeopardy if this Bill were to pass, where miracles still do happen in high risk nurseries?"

Granberg

"Representative, said." I could not understand a word you Murphy, M: "Well, then to the Bill...to the Amendment. First of all, this Bill, Senate Bill 447, is in jeopardy of being killed with this horrible Amendment. Let's remember the baby Richard case, which Senate Bill 447 outlines. To allow the public guardian of Cook county, who is very well renowned, who is an expert lawyer who can go in for judicial bypass, the right to decide if a child or a senior citizen shall die and whose life is expendable. It's not timely, it is not for us to decide today and in haste. This did not go through committee, because it would not have made through committee. This is not a Bill in Bill fashion. This is an Amendment that has been tagged on, probably to kill the baby Richard legislation. I would urge your 'no' vote on this Amendment, and the public guardian has a heck of a lot more to do then to decide who should die in Cook county. I urge your 'no' vote."

Speaker Turner

"The Gentleman from Washington, Representative 94 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day Deering." July 12, 1994

Deering

"Thank you, Mr. Speaker. I move the previous question."

Speaker Turner

"The Gentleman moves the previous question. All those in favor say, 'aye'; those opposed, say 'no'. In the opinion of the Chair, the 'ayes' have it. The previous question is put. Representative Granberg to close."

Granberg

"Thank you, Mr. Speaker and Ladies and Gentleman of the House. I would ask that you acknowledge Representative Schoenberg to explain his vote. Again, with the leave of the Speaker, I would like to allow Representative Schoenberg to close on this."

Speaker Turner

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

Schoenberg

"Thank you, Mr. Speaker. As the chief Sponsor of the Bill, and as someone who is party to the negotiations that were going on, not just among the various interests involved, but also involved with the discussions with the Senate Chair of the Public Health Committee, Representative...I'm sorry, Senator Topinka. What I would like to do is briefly in closing, set aside some of the mythology and hysteria which has been articulated. We have heard everything from last weeks editorials about baby Richard to all kinds of apocalyptic scenarios. As the chief Sponsor, let me tell you that the reason why this Bill came about was strictly because the Cook County court issued an order that the public guardian could not issue a do not resuscitate order in the case of CPR only. This does not pertain to hydration, this does not pertain to nutrition. There are no such standards articulated currently for a court order. Therefore, how this Bill has developed is as follows: The public guardians office came to me, as did the Illinois Right to Life Federation. I 95 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day indicated to them, that if they could agreement on this matter, that if it was in July 12, 1994 come upon some approval of Senator Topinka, that is was fine with me. Subsequent to that, however, that agreement was tentatively reached without any participation of the Illinois State Medical Society, which was intimately involved in the very drafting of all the language surrounding this very measure, as well as the respect of the Bar Associations and the Hospital Associations. At that point, everyone got together to discuss this, and the end product of this discussion is that everyone with the exception of the Illinois Federation, the Right to Life Federation approves of this. So you have the Illinois State Medical Society, both Bar Associations, the State Bar Association, and the Chicago Bar Association, the public guardian which initiated these discussions in the first place, the Catholic Conference, as well as the Illinois Hospital Association. To me, as the House Sponsor of this Bill, this is a reasonable attempt to codify into law an agreement between parties which are actively involved in this measure. This is a responsible measure, much of the rhetoric surrounding this has been overblown and unnecessary, and I would urge you to vote 'yes' for this, because this is necessary as a result of action taken by the Cook County courts."

Speaker Turner

"The question is, 'Shall Amendment #3, to Senate Bill 447 pass?' All those in favor should vote, 'aye'; all those opposed vote 'no'. The voting is now open. The Gentleman from Cook, Representative Dart. One minute to explain your vote."

Dart

"Thank you, Mr. Speaker. For whatever it is worth, this legislation was something, as Representative Schoenberg mentioned, was brought about after long discussions with 96 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 numerous groups. A Cook County court, basically has decided that in Cook County alone, the public guardian cannot do this. They do this throughout the rest of the state, right now. They decided in Cook County they could not do this and they have. So the people's parties came back together to try to draw something up. The Medical Society got intimately involved in this and actually set forth standards that do not exist for other public guardians. So, in your county alone right now, they go ahead and do this. They do not even tell the ward. They do not have to. Under this provision though, you now are required to do that. So, I do think it is folly to vote this down, as it obviously is going to go down, but around here nothing surprises me anymore."

Speaker Turner

"The Gentleman from Madison, Representative Stephens, one minute to explain your vote."

Stephens

"I will take 30 seconds. What an appropriate way to end this Session. The most ridiculous language we have seen in a long time, that you have to give instruction to a person, by definition can not take instructions. This is a fitting end to a Session that has been filled with frustration and the taxpayers have not gotten their monies worth, it is time for a change in this General Assembly and I am looking for majority on this side of aisle."

Speaker Turner

"I will remind you, there will be no demonstrations in the Chamber. The Gentleman from Cook, Representative Levin. One minute to explain your vote."

Levin

"Yes, Mr. Speaker, I have a very different concern, and that is in Section 103, where they change the term 'contiguous' to 'communicable' and the term 'venereal' to 'sexually transmitted disease'. I would ask the Sponsor whether or not this is intended to expand the scope of 97 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Section 10? It appears to me that it does and this is another reason for opposing this."

Speaker Turner

"Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this Amendment, there are 10 voting 'yes', 93 voting 'no', 9 voting present, and the Amendment does fail. Further Amendments Mr. Clerk?"

McLennand

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

Speaker Turner

"The Gentleman from Clinton, Representative Granberg on Amendment #4."

Granberg

"Okay, thank you, Mr. Speaker. Amendment #4 includes the MHDD language and the baby Richard cleanup language, so, I would be happy to answer any questions."

Speaker Turner

"The Lady from Kane, Representative Lindner."

Lindner

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

Speaker Turner

"He indicates he will."

Lindner

"Yes, I am a little bit confused, because we just passed baby Richard with this good language that for purposes of the Act, failure to make reasonable progress toward the return of the child could be defined as failure to complete the service plan, and we know how many of those parents lag along in those service plans all the time, which is why these children are left in foster care for years and years and these cases are not brought to an end, and I am wondering why now is this good language being stricken out of the Bill?"

Speaker Turner

"The Gentleman from Cook, Representative Dart, to answer the question."

Dart

"Thank you. Representative Lindner, the reason this language came about is we had a measure which we passed out of here I believe a 117 to nothing and the Senate passed 59 98 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day to nothing. July 12, 1994 For reasons unbeknownst to me, they all of a sudden decided it was no longer a good idea to have provisions in there which dealt with giving time limits for people to get their act together before we terminated parental rights. Apparently, the conservative religious right was upset with that provision and at the eleventh hour they...we were in jeopardy of losing the entire baby Richard Bill. And so I made an agreement that I would allow for the original Bill to be pulled out and I would push it again next Session. I am glad you mentioned it though, because the underlying Bill made eminent sense. It was something I did not relish taking out of the Bill, because I truly feel that if a parent cannot get their act together and try to go to a parenting class, or maybe get off of drugs, that maybe we should draw a firm line and say, we are not going to let the child pay for that, but apparently there are some people that do not understand that, or do not care about that, frankly. And so as a result I agreed to pull it out and try it again next year."

Speaker Turner

"The Lady from Dupage, Representative Biggert."

Biggert

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

Speaker Turner

"He indicates he will."

Biggert

"Representative, I have two questions. Number one is that, in House Bill 2424, the language that is being removed was the original Bill and I believe that on the House floor you said that that had been removed from the Bill, so this is really to clarify, that that language was not in the Bill?"

Dart

"Well, to be quite frank with you, I do not recall whether or not I actually said on the House floor that the original language was removed. There was a great deal of concern about that. I don't...I did not bring it up in debate and 99 158th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 nobody asked me that question, for the simple reason as I said, it passed out of here unanimously. This was the deal that was worked out, that the baby Richard Bill would pass out of the Senate, if, in fact, I agreed to pull out the original...the original Bill, which I say I do begrudgingly, but it was part of the deal."

Biggert

"All right, thank you. Then the other part of this Amendment is to amend the Minority in Female Business Enterprise Act, and to create the Womens Business Ownership Act, which was involved in Senate Bill 1803, which we just passed, is that correct?"

Dart

"I believe so yes."

Biggert

"I am sorry, I could not hear you."

Dart

"I believe so, I think that is the case."

Biggert

"So, this is identical language to Senate Bill 1803?

Dart

"I believe that it is identical to it."

Biggert

"All right, thank you."

Speaker Turner

"No further questions, Representative Granberg to close. Representative Dart to close."

Dart

"We just move for the adoption of this Amendment."

Speaker Turner

"The question is, 'Shall...the Gentleman from Champaign, Representative Johnson." Johnson, Tim: "I move the previous question, if it has not already been done."

Speaker Turner

"You were it. The question is, 'Shall Amendment #4, to Senate Bill 447 be adopted?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Schoenberg votes 'aye'. Have all voted who wish? The Clerk shall take the record. On this Amendment, there are 107 voting 'yes', 2 voting 'no', 1 voting 'present', and the Amendment passes. Further Amendments, Mr. Clerk?" 100 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day

McLennand

Granberg." July 12, 1994 "Floor Amendment #5, offered by Representative

Speaker Turner

"The Gentleman from Clinton, Representative Granberg on Amendment #5."

Granberg

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. Amendment #5 extends the time period from two to ten years for the use of federal funds for empowerment zone enterprise communities. This would extend the time period to make sure those funds can be utilized without the loss of those federal funds, and I would move for its adoption."

Speaker Turner

"The question is, 'Shall Amendment #5 be adopted?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and Amendment #5 is adopted. Further Amendments, Mr. Clerk?"

McLennand

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

Speaker Turner

"The Gentleman from Saline, Representative Phelps on Amendment #6."

Phelps

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. This Amendment is one that has passed, I know once and maybe a couple of other times in a couple Bills that went over to Senate and caught in rules, but it...this would establish area health education centers for other parts of the state. They now exist in Chicago with the osteopathic group and this would be able...if money became available we could access federal money to establish these centers to supply a program to improve the supply and distribution of health care professionals through service educational linkages. I know of no opposition."

Speaker Turner

"The Gentleman from Vermillion, Representative 101 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day Black, questions?" July 12, 1994

Black

"Thank you very much, Mr. Speaker. Will the Sponsor yield? Representative, was this Amendment...was it a underlying House Bill at one time? Was it a House Bill at one time?"

Phelps

"Either...no, I think it was... I know I put it on 259, I believe House Bill 259. It might have been an underlying Bill, but I can't remember if it got out of committee, or if it was held or something, but it did pass in the same language in the form of an Amendment once or twice." Black$: "Is the Department of Public Health...are they aware of this? Have they looked at the language?"

Phelps

"Yes, yes, they are."

Black

"Let me ask you then, the...."

Phelps

"Dr. Lumpkin, I think, was supportive of the concept."

Black

"Okay, the sentence that I would like to focus on is, the Department of Public Health shall establish a program to improve the supply and distribution of health care professionals through linkage, etcetera. This shall...I mean that would go through the rule making process. How... I agree with you, but how are they going to do this? If a doctor does not want to go there..."

Phelps

"It is contingent upon having funds available to establish the programs."

Black

"All right, the program, meaning you know...to underwrite the offices and the equipment..."

Phelps

"Right, and personnel that would administer the program."

Black

"All right, okay, thank you."

Speaker Turner

"No further questions? The question is, 'Shall Amendment #6 to Senate Bill 447 pass?' All those in favor say, 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and Amendment #6 passes. 102 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Further Amendments, Mr. Clerk?"

McLennand

"No further Amendments."

Speaker Turner

"Third Reading. Read the Bill, Mr. Clerk."

McLennand

"Senate Bill 447, a Bill for an Act concerning Health Care Practitioner Communications. Third Reading of this Senate Bill."

Speaker Turner

"The Gentleman from Cook, Representative Schoenberg."

Schoenberg

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The areas upon which there was no consensus have been eliminated, by force, from the Bill. There is consensus on all the other provisions of the Bill and I urge its passage."

Speaker Turner

"The Gentleman from Vermilion, Representative Black."

Black

"Thank you very much, Mr. Speaker. First, an inquiry of the Chair. Is the Bill in order for passage? I just want to make sure, because of some of the Amendments were very important, because the Amendment was defeated, I want to make sure the Bill is in the proper order for passage."

Speaker Turner

"Representative, the Sponsor was ready to move the legislation. I think he is familiar with those Amendments that were adopted, and accordingly he is ready to move it."

Black

"All right, could he just reiterate the Amendments now, that are on the Bill before we go to the Roll Call."

Speaker Turner

"The Gentleman from from Cook, Representative Schoenberg."

Schoenberg

"Not to take my word for it. Could we ask the Clerk, please, to read which Amendments are indeed on the Bill?"

Black

"Rather than the numbers, Representative, I am more concerned that you just hit the highlights of each 103 158th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 Amendment that is on the Bill."

Speaker Turner

"Mr. Clerk, would you tell us what Amendments were adopted to this Bill.

McLennand

"Floor Amendments #4 and 5 were adopted to the Bill, and Floor Amendment #6."

Speaker Turner

"Four, five and six were adopted."

Black

"Mr. Speaker. Mr. Speaker."

Speaker Turner

"Representative...."

Black

"Mr. Speaker. Mr. Speaker, if... If the Sponsor... What is the underlying Bill now? Before we get to the Amendments, what does the underlying Bill do? And then, maybe we can run down through the Amendments quickly."

Speaker Turner

"The Gentleman from Cook."

Schoenberg

"Amendment #4... The contents of the Bill are as follows: The subject matter of Amendment #4 pertains to the Womens Business Ownership Council as well as Amendment #5 pertains to the cleanup on the social service block grant funds from 'empowerment zones', and #6, pertains to the Area Health Education Centers for the Center For Rural Health, which Representative Phelps just explained his contingent upon available funding."

Black

"Thank you very much for that, Representative. Is the underlying Bill still... Do the Amendments add to the underlying Bill?"

Schoenberg

"Could we take this out of the record momentarily, so that wily Mr. Black can have his questions answered?"

Speaker Turner

"Take the Bill out of the record, Mr. Clerk. Let's go to Resolutions. We have SJR 184, Representative Churchill."

Churchill

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Joint Resolution 184 creates the language that would go in the blue book that is put out by the 104 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Secretary of State regarding term limitations. This is the language that would be in opposition. The Senate has passed this Resolution, we feel in the House that we should pass a similar Resolution so that there will be a clear definition of what the terms are for the Secretary of State to print the blue book."

Speaker Turner

"The Gentleman from Cook, Representative Lang."

Lang

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I served on the committee to help write this language and it's sufficient language to be in the blue book and I would recommend an 'aye' vote."

Speaker Turner

"The Gentleman from Cook, Representative Levin."

Levin

"Would the Gentleman yield?"

Speaker Turner

"He indicates he will."

Levin

"It's my understanding that there is a legal challenge to this proposed Constitutional Amendment and by the passage of this Resolution, I assume you are not intending to affect, in any way, the outcome of that challenge? This would only occur...go on...be sent out if that Constitutional Amendment was found to be valid?"

Churchill

"That is correct. The...whatever the court action is, and we hope that they do the proper job. We will live by the court action. In the event they do not do the proper job, we're just being prepared."

Levin

"Thank you."

Speaker Turner

"The question is, 'Shall Senate Joint Resolution 184 pass?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and Senate Joint Resolution 184 passes...is adopted. The Gentleman from Champaign, Representative Johnson. For what reason do you rise?" Johnson, Tim: "'Present' on that last vote." 105 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day Speaker July 12, 1994

Turner

"Okay. You want to say that again, Representative." Johnson, Tim: "Record me as 'present' on that last vote."

Speaker Turner

"The record will so...the transcript will so reflect that Representative Johnson wanted to vote 'present' on the SJR 184. Introduction and First Readings."

McLennand

"House Bill 4255, offered by Representative Dunn, a Bill for an Act to amend the Illinois Public Aid Code. First Reading of this House Bill."

Speaker Turner

"Resolutions, Mr. Clerk."

McLennand

"House Joint Resolution #173, offered by Representative Currie."

Speaker Turner

"Committee on Assignment. Mr. Clerk, put SJR 184 back on the board, please. Senate Joint Resolution 184. We've been informed that we need to take a Roll Call on this Resolution. All those in favor of passage of Senate Joint Resolution 184 should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. Record Representative Lopez, 'aye'. Record Prussing, 'aye'. Record Representative Representative Davis: Morrow, 'aye'. Representative Davis." "Mr. Chairman, I don't think people understood that this Bill is simply language that tells...it's something about language in reference to the arguments against, therefore, we vote 'no'...I mean 'yes', I apologize, yes."

Speaker Turner

"Representative Davis votes 'aye'."

Davis

"Thank you."

Speaker Turner

"Representative...Representative Flowers votes 'aye'. Representative Jones votes 'aye'. Representative Moore votes 'aye'. Representative McAfee, votes 'aye'. 106 158th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 Representative Giles votes 'aye'. Representative Stroger votes 'aye'. Representative Sheehy votes 'aye'. Representative McGuire votes 'aye'. Representative Parke votes 'aye'. Representative Weller votes 'aye'. Representative...Representative Weller votes 'present'. Any further changes? Representative Ackerman votes 'present'. Any further changes? Representative Moore votes 'aye'. Representative Lou Jones votes 'aye'. Right, McGuire votes 'aye'. Representative McGuire. Anyone else? Representative Ackerman votes 'present'. Representative Lang."

Lang

"Thank you, Mr. Speaker. I don't want anyone in this Body to misunderstand what they are doing here. Even if you're for term limits, you should be voting for this Resolution because this Resolution simply informs the voter arguments against term limits. Someone else will inform the voter arguments for term limits. So, unless you're against informing the voters what the Amendment is about there's no reason not to be voting 'aye'. So, even if you're for term limits you should be voting 'aye'."

Speaker Turner

"Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this Resolution, there are 105 voting 'yes', 1 voting 'no', 7 voting 'present', and the Resolution is adopted. Can I have your attention? We have one Bill left to do, the Amendment is being printed as we speak. In the meantime, we're going to adopt the adjournment resolution. It should take another twenty-five minutes to print this Amendment and so we should be through in about 30 minutes. But we're still waiting for the Senate to act on a couple of Bills, and we're hoping that they act during that period of time. So, we'll adopt the Adjournment Resolution now and then we 107 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 will wait for the Amendment to come up on the one Bill that should be approximately twenty-five minutes and then we should be able to adjourn. Mr. Clerk, read the Adjournment Resolution."

McLennand

"House Joint Resolution #174, offered by Representative Granberg: Resolved by the House of Representatives of the Eighty-Eight General Assembly of the State of Illinois, the Senate concurring herein; by amending House Joint Resolution #172 so that when the two Houses adjourn on Tuesday, July 12, 1994, they stand adjourned until Thursday, November 10, 1994, at 12:00 noon."

Speaker Turner

"Representative Granberg moves the adoption of the Adjournment Resolution. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair the 'ayes' have it. The Adjournment Resolution is adopted. Representative Steczo in the Chair."

Speaker Steczo

"The House will come to order. On the order of Third Reading, appears Senate Bill 447. Representative Schoenberg asks leave to bring this Bill back to the Order of Second Reading for the purpose of Amendments. Is there leave? There being no objections, leave is granted. Mr. Clerk, any Motions filed?"

Clerk Rossi

"A Motion has been filed by Representative Granberg, to table Amendments 4, 5, and 6 on Senate Bill 447."

Speaker Steczo

"The Chair recognizes Representative Granberg."

Granberg

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. I make this Motion, I make this Motion because those Amendments were technically incorrect, because Amendment #3 was not adopted."

Speaker Steczo

"The Gentleman moves to table Amendments 4, 5, and 6. Is there any discussion? Representative 108 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Wennlund."

Wennlund

"No, there is no discussion. I just discussed with the Department of Public Aid that 7 and 8 will take care of number one, the Baby Richard problem, and number two, some technical stuff that the Department of Public Aid had and we absolutely go along with the program."

Speaker Steczo

"All those in favor of the adoption...all of those in favor of tabling the Amendments...Representative Noland, Representative Noland do you seek recognition? All those in favor of the tabling of Amendments numbers 4, 5, and 6 will say 'aye'; all those opposed will say 'no'. The 'ayes' have it, the Amendments are tabled. Mr. Clerk, any further Motions?"

Clerk Rossi

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

Speaker Steczo

"The Chair recognizes, Representative Granberg on Amendment #7. Mr. Walsh, for what purpose do you seek recognition?"

Walsh

"Thank you, Mr. Speaker, I was just wondering if the Amendment had been printed and distributed?"

Speaker Steczo

"Yes, it has."

Walsh

"Thank you."

Speaker Steczo

"Representative Granberg now moves to reconsider Amendment #4. All those in favor will signify by saying 'aye'; those opposed by saying 'no'. By the use of the Attendance Roll Call, the Motion is granted. Representative Granberg now withdraws Amendment #4. So, Mr. Clerk, we are now on the order of Amendment #7, is that correct?"

Clerk Rossi

"Yes, Floor Amendment #7, offered by Representative Granberg."

Speaker Steczo

"The Chair recognizes Representative Granberg, on 109 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day Amendment #7." July 12, 1994 Amendment #7 reflects some, This includes the Female and technical changes that was

Granberg

"Thank you, Mr. Speaker. previously Amendment #4. Business Minority Act, the incorporated in Amendment #4. It also includes the technical changes for the little Richard adoption case. We had to make technical baby, well we call him little Richard, baby Richard and little Richard adoption case we had to make technical cleanup changes, and I would move for its adoption."

Speaker Steczo

"The Gentleman moves for the adoption of Amendment #7. On that, is there any discussion? Representative Levin."

Levin

"Would the Gentleman yield?"

Speaker Steczo

"He indicates he will."

Levin

"Okay, in Amendment #3, there was language on page 53, Section 103. Does that appear in either Amendment 7 or Amendment 8?"

Granberg

"Representative, could you identify what that language was? If that is regarding the Medical Society and or the Public Guardian, that language has been deleted."

Levin

"No, this deals with communicable or sexually transmitted diseases."

Granberg

"That is not in this Amendment."

Levin

"Is it in the next Amendment?"

Granberg

"Yes."

Levin

"It is in the next Amendment?"

Granberg

"Yes, it is my understanding that it is Amendment #9, whether that will be offered, I am not sure. That is not in this Amendment, Representative."

Levin

"We will come back to it in a minute then."

Speaker Steczo

"Representative Black." 110 158th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994

Black

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

Speaker Steczo

"He indicates he will."

Black

"Representative, is Floor Amendment #7, that you are offering now, identical to the previous Floor Amendment #4?"

Granberg

"Yes."

Black

"Nothing added, nothing deleted?"

Granberg

"No."

Black

"Thank you."

Speaker Steczo

"Representative Tim Johnson." Johnson, Tim: "I move the previous question, whatever it is."

Speaker Steczo

"The gentleman moves the previous question. The question is, 'Shall the main question be put?' Representative Granberg."

Granberg

"To Representative Black, he understands that this Amendment does in fact delete the underlying, the original Bill. We had discussed that previously. Just for clarification."

Speaker Steczo

"Mr. Johnson, there will be no need to move the previous question. Representative Granberg to close."

Granberg

"Thank you, Mr. Speaker. As previously mentioned, Amendment #7 incorporates provisions of Amendment #4, with the Minority Business Enterprise Act and the baby Richard adoption case. I would move for its adoption."

Speaker Steczo

"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?"

McLennand

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

Speaker Steczo

"Representative Biggert, for what purpose do you 111 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 seek recognition? Representative Granberg on Amendment #8. The Chair recognizes Representative Granberg on Amendment #8."

Granberg

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. Amendment #8 incorporates the provisions of previously Amendment #5 and Amendment #6, regarding service education linkage programs and extending the empowerment zone language for use of federal funds from two years to ten years. There is no opposition. I would move for its adoption."

Speaker Steczo

"The Gentleman moves for the adoption of Amendment #8. On that, is there any discussion? The Chair recognizes Representative Black."

Black

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

Speaker Steczo

"He indicates he will."

Black

"Yeah, Representative Granberg, so that we are on the same wave length, Floor Amendment #8 incorporates your previous Amendment #5, amending the Fund Recovery Act, is that correct?"

Granberg

"Yes."

Black

"Changes the two year limit for use of grants to the ten year limit only for federal empowerment grants, coming to Public Aid in October '94, correct?"

Granberg

"Correct."

Black

"It does not add anything or take anything away?"

Granberg

"No, Representative..."

Black

"Okay."

Granberg

"This merely extends the time limit from two years to ten years for the use of federal dollars, to fully utilize those dollars on an existing basis."

Black

"You have also incorporated into Floor Amendment #8 what was Representative Phelps' Amendment #6, on the Rural 112 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 Health Linkage, correct?"

Granberg

"That is correct."

Black

"Identical language that went out on a voice vote?"

Granberg

"No."

Black

"I am sorry, you said 'no'."

Granberg

"No, there are no changes. It is identical."

Black

"So there are no changes in Representative Phelps, original Amendment?"

Granberg

"Correct, correct."

Black

"Thank you."

Speaker Steczo

"Is there any further discussion? Representative Novak. The Gentleman does not seek recognition. There being no further discussion, all those in favor of the adoption of Amendment #8 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 #9, offered by Representative Tom Johnson."

Speaker Steczo

"The Gentleman withdraws the Amendment. Any further Amendments, Mr. Clerk? Mr. Johnson, you just indicated you withdrew the Amendment." Johnson, Tim: "Okay. Pardon? Time out."

Speaker Steczo

"Did you say time out?" Johnson, Tim: "I said time out, yes."

Speaker Steczo

"That is all we have been doing all night, is time out." Johnson, Tim: "I know. Mr. Speaker."

Speaker Steczo

"Mr. Johnson." Johnson, Tim: "Yes, on Amendment #9. As I understand it, Amendment #9 is the same as the previous Amendment that has been sponsored by the other side of this aisle, number three, with the exception of the portion on page 110 of 113 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 that Amendment 3, has now been stricken dealing with the public guardian, and would ask that this Amendment be adopted."

Speaker Steczo

"Representative Currie."

Currie

"Thank you. Is this Amendment printed and distributed? I have not seen it yet."

Speaker Steczo

"Mr. Clerk?"

McLennand

"No, it has not been printed and distributed."

Speaker Steczo

"Mr. Granberg. Representative Schoenberg indicates that he wishes the Bill be taken from the record. The Bill should be taken from the record. Put...Mr. Clerk, put Senate Bill 447 back in the record. Mr. Johnson." Johnson, Tim: "Withdraw the Amendment #9."

Speaker Steczo

"The Gentleman withdraws Amendment #9."

McLennand

"No further Amendments."

Speaker Steczo

"Mr. Clerk, any further Amendments? Third Reading. Read the Bill, Mr. Clerk."

McLennand

"Senate Bill 447, a Bill for an Act concerning Health Care Practitioner Communications. Third Reading of this Senate Bill."

Speaker Steczo

"The Chair recognizes Representative Schoenberg."

Schoenberg

"Thank you, Mr. Speaker. As I understand, Ladies and Gentlemen of the House...as I understand, this Bill as amended, contains provisions which are...have no opposition, and I urge your favorable support."

Speaker Steczo

"The Gentleman moves for the passage of Senate Bill 447. On that, is there any discussion? Representative Black."

Black

"Thank you, very much. Will the Sponsor yield for one question?"

Speaker Steczo

"He indicates he will."

Black

"Representative, there is nothing now in the Bill relating 114 158th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE July 12, 1994 to the Health Care...the Surrogate Health Care Act and the Public Guardian of the County of Cook. Is that correct?"

Schoenberg

"That is correct, Sir."

Black

"That has all been taken out by the Amendments?"

Schoenberg

"That is correct, Sir."

Black

"Thank you."

Speaker Steczo

"Representative Skinner."

Skinner

"I am wondering what we are going to do about the Child Support Enforcement legislation that the Department of Public Aid needs. Now this is the last vehicle around, and obviously the Democrats must not care about child support, because they refuse to wait long enough to have the Amendment printed. Would the Sponsor care to respond to my accusation?"

Speaker Steczo

"Mr. Schoenberg."

Schoenberg

"Do I get to be tried by a jury of my peers?"

Skinner

"You...you get two blinks, and the public guardian will then cut you off."

Schoenberg

"Pardon me, Sir, the Amendment, the Republica...Mr. Johnson withdrew the Amendment. Your statement is presumptuous, I urge passage of the Bill."

Skinner

"Well, it appears to me that if you are interested in child support, that you should not be voting for this Bill. Because if it does not get enough votes, he has to put it on postponed consideration, and then he has time to rethink his position of whether we want to have stronger child support laws that all of us have agreed on in previous Bills."

Speaker Steczo

"Is there any further discussion? There being none, the question is, 'Shall Senate Bill 447 pass?' All those in favor will signify by voting 'aye'; those opposed by voting 'no'. The voting is open. Have all voted who 115 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 wish? Have all voted who wish? Have all voted who wish? Mr. Clerk...Representative Wirsing, do you seek recognition? The Gentleman is not seeking recognition...Mr. Clerk, please take the record. On this question, there are 109 voting 'yes', none voting 'no', 2 voting 'present'. Senate Bill 447, having received the required three-fifths majority is hereby declared passed. For what purpose does Representative Bugielski seek recognition?"

Bugielski

"Thank you, Mr. Speaker. Just as a general announcement that I would like to give now. Usually and for the freshmen if you don't know from last year but every year, it's an annual event that we have an end of Session party and there will be an end of Session party tonight sponsored by the LaPaille's, at 801 Williams Boulevard immediately after Session. And refreshments and adult refreshments and adult beverages will be served."

Speaker Steczo

"Bugielski, what was that address again?"

Bugielski

"Eight zero one Williams Boulevard. Right off of Walnut, between Walnut and McArthur on Williams."

Speaker Steczo

"Representative Weaver."

Weaver

"Thank you, Speaker. I think I know what an adult beverage is, what's an adult refreshment?"

Speaker Steczo

"Representative Meyer, for what purpose do you seek recognition?"

Meyer

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. If I could have your attention for just a second, I would like to give an update on the Carolyn Chriswell fund raising effort that many of us have been a part of during this Session. And during the last month, month and a half, there has been several types of fund raisers amongst them, a bake sale, fund raiser over at Play it again Sam's. In 116 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 total, Ladies and Gentlemen of the House, we've been able to help raise approximately $8,000 for the Carolyn Chriswell double lung transplant fund. The funds that are raised for this go to offset some of the medical expenses that Carolyn and the family will incur during the time that she is trying to build up her strength to undergo this lung transplant operation. Now, I'm happy to report to you that she has made some progress in building up her body so that it can sustain this massive operation. The reason I rise is not only to give an update on this, but also to remind the Members of this Assembly that tomorrow will be the drawing for the 50/50 split. Tickets are still available, $5 per ticket, and you can still purchase a ticket towards the 50/50 split either from the Clerk's Office Representative McPike's office, and I would encourage all of us here to remember that Carolyn has been a good employee of this Body and has contributed to our success here in the House and ask for your support again in purchasing additional tickets. Thank you." from

Speaker Steczo

"The Chair would like to announce that the Rules Committee is meeting in the conference room behind the...the Speaker's conference room behind the chamber. So, will members of the Rules Committee, please report to the Speaker's conference room as soon as possible? Mr. Clerk, Committee Reports."

McLennand

"Committee Report. Committee on Rules has met, and pursuant to Rule 14(a)4, Conference Committee House Members appointed recommends consideration and the Bills to be placed on the Order of Conference, House Bill 1513, offered by Representative Frank Giglio, Chairman Committee on Rules, July 12, 1994."

Speaker Steczo

"Supplemental Calendar announcement." 117 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994

McLennand

"Supplemental Calendar #6 is being distributed."

Speaker Steczo

"Mr. Johnson, for what purpose do you seek recognition? Tim Johnson. The Gentleman is not seeking recognition. Mr. Clerk, Supplemental Calendar announcement."

McLennand

"A corrected Supplemental Calendar #6 is being distributed."

Speaker Steczo

"Supplemental Calendar #6, on the Speaker's Table, appears Senate Joint Resolution 185. The Chair recognizes Representative Currie. Representative Currie."

Currie

"Thank you, Speaker, this is the final piece of the agreement in respect to manage care for Medicaid. It provides for the creation of a Joint Committee, House and Senate, in order to provide some oversight and review of the State of Illinois Medicaid program. I would be happy to answer your questions and would appreciate your support for this measure."

Speaker Steczo

"The Lady has moved for the adoption of Senate Joint Resolution 185. On that is there any discussion? The Chair recognizes Representative Leitch."

Leitch

"I too, would like to recommend passage of this. The decision to create this Resolution was in lieu of trying to put this in the medicaid legislation itself. It's a reasonable Agreed Resolution and I would urge our Members to approve it as well."

Speaker Steczo

"Representative Balthis."

Balthis

"Thank you, Mr. Speaker. I was just wondering if Senate Joint Resolution 143 was on Supplemental Calendar #6?"

Speaker Steczo

"No, it's not."

Balthis

"Okay. Thank you."

Speaker Steczo

"Is there any further discussion? There being none, the question is, 'Shall the Resolution be adopted?' 118 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 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 113 voting 'yes', none voting 'no', none voting 'present', and Senate Joint Resolution 185 is adopted. Representative Rotello, for what purpose do you seek recognition?"

Rotello

"Thank you, Mr. Speaker. Is it appropriate to move for adjournment at this time?"

Speaker Steczo

"No."

Rotello

"Okay. Thank you."

Speaker Steczo

"You weren't recognized for that purpose. Representative Turner."

Turner

"Yes, thank you, Mr. Speaker. I noticed that on the 4th of July that some of us were around here and we tried punching in and we weren't able to because we didn't have a quorum, and I was just curious to know if the Speaker...if the Speaker is trying to keep us here till after midnight to make up for that mishap on the 4th of July. Because it is apparent that we're still sitting here and there's not much going on and if we're waiting for 12:00, I'm willing to pass that up too to get out of here."

Speaker Steczo

"Mr. Turner, I think that's what everybody wishes to do tonight, just try to get out of here as quickly as possible, and we shall make every effort to do so. Representative Hassert. Representative Granberg now moves that the House stands adjourned, and to be in Perfunctory Session on November 10th at the hour of noon, and the Regular Session on November 15th at the hour of noon. All those in favor of the Motion will signify by saying 'aye'; those opposed by saying 'no', the 'ayes' have it. The 119 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 158th Legislative Day July 12, 1994 House now stands adjourned." 120 REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JULY 12, 1994 94/12/20 10:33:11 HB-0009 CONFERENCE PAGE 3 HB-1040 CONFERENCE PAGE 32 HB-1635 CONFERENCE PAGE 11 HB-1882 CONCURRENCE PAGE 9 HB-1915 NON-CONCURRENCE PAGE 154 HB-4255 FIRST READING PAGE 106 SB-0357 CONFERENCE PAGE 59 SB-0447 SECOND READING PAGE 86 SB-0447 RECALLED PAGE 108 SB-0447 THIRD READING PAGE 103 SB-0447 THIRD READING PAGE 114 SB-0447 OUT OF RECORD PAGE 104 SB-0776 NON-CONCURRENCE PAGE 2 SB-1285 CONFERENCE PAGE 13 SB-1369 SECOND READING PAGE 47 SB-1369 RECALLED PAGE 34 SB-1369 THIRD READING PAGE 55 SB-1369 OUT OF RECORD PAGE 34 SB-1477 CONFERENCE PAGE 19 SB-1715 SECOND READING PAGE 34 SB-1715 THIRD READING PAGE 47 SB-1721 CONFERENCE PAGE 30 SB-1803 NON-CONCURRENCE PAGE 8 SB-1832 CONFERENCE PAGE 56 HR-0174 ADOPTED PAGE 108 HR-0174 RESOLUTION OFFERED PAGE 108 HR-1824 RESOLUTION OFFERED PAGE 63 HR-1824 RESOLUTION OFFERED PAGE 82 HR-1824 OUT OF RECORD PAGE 64 SJR-0184 RECALLED PAGE 106 SJR-0184 ADOPTED PAGE 105 SJR-0184 RESOLUTION OFFERED PAGE 104 SJR-0185 ADOPTED PAGE 119 SJR-0185 RESOLUTION OFFERED PAGE 118 SUBJECT MATTER HOUSE TO ORDER SPEAKER MCPIKE PAGE 1 PRAYER PASTOR ARTHUR CRAWFORD PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL ATTENDANCE PAGE 1 COMMITTEE REPORT PAGE 2 COMMITTEE REPORT PAGE 9 COMMITTEE REPORT PAGE 32 COMMITTEE REPORT PAGE 59 REPRESENTATIVE STECZO IN THE CHAIR PAGE 59 REPRESENTATIVE CURRIE IN THE CHAIR PAGE 60 REPRESENTATIVE STECZO IN THE CHAIR PAGE 61 AGREED RESOLUTIONS PAGE 62 DEATH RESOLUTIONS PAGE 62 AGREED RESOLUTION PAGE 63 REPRESENTATIVE CURRIE IN THE CHAIR PAGE 64 RECESS FOR SECOND SPECIAL SESSION PAGE 64 REGULAR SESSION TO ORDER SPEAKER TURNER PAGE 82 GENERAL RESOLUTION PAGE 106 REPRESENTATIVE STECZO IN THE CHAIR PAGE 108 CAROLYN CHRISWELL FUND PAGE 116 COMMITTEE REPORT PAGE 117 HOUSE ADJOURNED PAGE 120 REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX SPECIAL SESSION # 2 JULY 12, 1994 94/12/20 10:33:11 SB-0776 CONFERENCE SB-1803 CONFERENCE PAGE 64 PAGE 81 SUBJECT MATTER SECOND SPECIAL SESSION TO ORDER - SPEAKER TURNER SECOND SPECIAL SESSION ADJOURNED - SINE DIE PAGE 64 PAGE 82