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Illinois House Floor Debate — December 1, 1994

88th General Assembly (1993-1994) · Legislative day 164 · Regular Session
Chamber
House
General Assembly
88th (1993-1994)
Date
December 1, 1994
Legislative day
164
Session
Regular Session
Speaker turns
752
Original
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Speaker McPike

"The House will come to order. The Chaplain for today is Reverend Roger Compton, of the Central Baptist Church in Springfield. Reverend Compton is the guest of Representative Curran. The guests in the balcony may wish to rise and join us for the invocation."

Reverend Compton

"The Book in the Old Testament, the Book of the Bible, the Book of Psalms 116, begins this way; I love the Lord because He hears me, He listens to my prayers, He listens to me every time I call to Him. Will you be in a spirit of prayer with me. God, here we are again, and we're asking Your help in another day. And grant to us, this sacred moment of quiet before we look at the frustrations as well as the frenzies of running the state. And it could be Lord that some of us are not really sure that we really want Your help, we feel pretty self sufficient, but really we're not. But, help us anyway. Help us to see beyond the chair ahead of us, beyond this chamber, and help us to leap the barrier of party when that is necessary. But most of all, God, help us overcome the great urge to be less than our best, and hound us until we do what needs to be done. Strengthen our minds and strengthen our abilities for the sake of the great State of Illinois, I pray. Amen."

Speaker McPike

"We will be led in the Pledge of Allegiance this morning by Representative Jack Kubik."

Kubik 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. Mr. Kubik, excused absences?"

Kubik

"Thank you, Mr. Speaker. Let the record reflect that 1 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day Representative Weller is excused today."

Speaker McPike

"Ms. Currie." December 1, 1994

Currie

"Thank you, Speaker. Representative Lou Jones is excused because of illness."

Speaker McPike

"Mr. Clerk, take the record. One hundred sixteen Members answering the roll call, a quorum is present. Committee Reports."

Clerk Rossi

"The Committee on Rules has met, and pursuant to Rule 14(a) 4 Conference Committee House Members appointed, and 14(a) 5 House Bills amended in the Senate, recommends consideration that the following Bills be placed on the Order of Concurrence. House Bill 1124, and Conference Senate Bill 881 and Senate Bill 1153."

Speaker Giglio

"Resolutions."

Clerk Rossi

"House Resolution 3523, offered by Representative Daniels; House Resolution 3524, offered by Representative Daniels; House Resolution 3525, offered by Representative Dart; House Resolution 3526, offered by Representative Brady; House Resolution 3527, offered by Representative Currie; House Resolution 3528, offered by Representative Roskam."

Speaker Giglio

"Representative Lang moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'aye'; opposed, 'no'. In the opinion of the Chair the 'ayes' have it, and the Agreed Resolutions are adopted. Further Resolutions? Death Resolutions."

Clerk Rossi

"Senate Joint Resolution 201, offered by Representative Lawfer, with respect to the memory of Senator Harlan Rigney."

Speaker Giglio

"Representative Lang moves for the adoption of the Death Resolution. All those in favor signify by saying 'aye'; opposed, 'no'. In the opinion of the Chair the 2 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 'ayes' have it, and the Death Resolution is adopted. The Chair is about to go into the business of Death Resolutions for former Members, so will the Body please come to order. Mr. Clerk, read the Resolution."

McLennand

"House Resolution 3380. WHEREAS, The death of former State Representative Eugenia S. Chapman of Arlington Heights brings much sadness to the members of this House; and WHEREAS, Eugenia Chapman served with distinction in the Illinois House of Representatives from 1965 until 1983; she was Chairman of the Human Resources and Appropriations Committees and served as Democratic Whip; and WHEREAS, In 1973, she was named Illinois Woman of the Year by the National Organization for Women; and WHEREAS, She founded the Illinois Conference of Women Legislators in 1978 and served as its first co-convener; and WHEREAS, During her time in office, Eugenia Chapman was chief sponsor of the Resolution to ratify the Equal Rights Amendment and of the Bill that created the State's community colleges; and WHEREAS, Following her legislative service, she was chief of the Senior Citizen Advocacy Division in the Illinois Attorney General's Office, a member of the Illinois Democratic State Central Committee, Secretary of the Illinois Democratic Party, and Wheeling Township Democratic Committeman; and WHEREAS, Eugenia Chapman was dedicated to the cause of education, serving on the Northwest Suburban High School District 214 Board and teaching a class on politics; and WHEREAS, Her passing is a grievous loss to her family and community; she will be missed by her husband Gerald; her children, George, John, Andrew, and Katherine; and her grandchildren, Jessica and Melissa Urgo; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, 3 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 that we offer our most sincere condolences to the family and friends of Eugenia Chapman; and be it further RESOLVED, That a suitable copy of this Resolution be presented to her husband, Gerald Chapman."

Speaker Giglio

"The Gentleman from Cook, Representative Parke."

Parke

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. My first recollection of Eugenia Chapman was before I even thought about being in politics when we had the multi-member districts. Eugenia served me and and served my family and the constituents in my area. She was always a person that was accessible and one that worked very hard, worked on causes that sometimes were not popular, but her strong belief in what she felt was right, led her on. She was somebody that we were proud of in our area. It did not matter what our party affiliation was. She was somebody that was there willing to take on tough issues, work with people to solve problems. Her constituent service was excellent, and it was a shame that we ever passed the...of a multi-member districts because I think we learned as a society, when people represented the minority position throughout the State of Illinois. We in the northwest suburban area, mourn the loss of Eugenia Chapman, and wish her family the condolences from ours. Thank you, Mr. Speaker."

Speaker Giglio

"Representative Currie."

Currie

"Thank you, Speaker, and Members of the House. Jeannie Chapman was an amazing woman. She was a woman of many firsts. She was one of the first Representative...district that had the distinction of sending two women to the Illinois House of Representatives, Eugenia and Virginia McDonald. Jeannie Chapman cared about human services. She followed the issues, she knew the issues like the back of 4 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 her hand, but she was also an amazing political strategist. She and Giddy Dyer, Republican, from the suburban area in Chicago, sat late at night in their little apartment, scheming and strategizing to find a way to ratify the Equal Rights Amendment. Yes, Jeannie was one of the principle Sponsors of the ERA Resolution, but at some point along the way, they concluded, Giddy and Jeannie, that maybe the measure had a better chance of passage if they turned it over to some of the boys which of course, in the interest of good public policy, they were more than happy to do. Jeannie and Giddy together, founded the Conference of Women Legislators, a wonderful way to help new women coming into this Legislature, find a way to work on issues that mattered to us and to our constituents. Jeannie cared much more about issues than about partisanship. She cared a lot about seeing to it that each and everyone of us, women and men, had an opportunity to move at our own agendas, to become expert to work hard for the causes that we cared about. Eugenia was a school teacher one time in her life and I think that's how Jeannie developed what I discovered early about her, and that was eyes in the back of her head. Jeannie always knew what was happening on the House floor. She had a kind of flittery, fluttery manner, but what that manner hid, was the ability to know exactly who was making a deal with whom, on what issue, and in the back of the center aisle there, she could always predict how a vote would come out because she knew the players, she knew the parties, she knew the issues. She was a wonderful warm, caring woman. I miss her, I know we all, all of us who worked with her and knew her, miss her, and certainly she left this institution a better place for her having served in this chamber." 5 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994

Speaker Giglio

"The Lady from Cook, Representative Krause."

Krause

"Thank you, Mr. Speaker. Eugenia Chapman has left indeed a permanent mark on government here in the State of Illinois. Not only for Arlington Heights, not only for the northwest suburban area of Cook County, but for all of this entire state. She was indeed committed to the advancement of public education. From her service on high school District 214, to as noted as the chief Sponsor of the Bill creating the state's community college, and from that, she was deeply involved in planning Harper Community College. But, I note and remember about Eugenia, was her assistance to so many people, her commitment to the advancement of women, and indeed her interest in involving so many people in public service. She was indeed a standout for the State of Illinois."

Speaker Giglio

"The Lady from Cook, Representative Schakowsky."

Schakowsky

"Thank you, Speaker, and Ladies and Gentlemen of the House. In the weeks before Eugenia's death, I had the opportunity to talk with her several times because she was giving me help in preparing some information...."

Speaker Giglio

"The Representative from Cook, Representative Pedersen."

Pedersen

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I...my dealings with Eugenia were kind of confrontational, you might say. She was the Democratic Committteman in Wheeling Township and I was the Republican Committteman in Palatine, and we had an occasion on talk shows and other places to differ, vigorously, and we did that. They were never personal or nasty, we just pressed our points, and I think that was the great redeeming feature about Eugenia, was that she could press those points as strongly as she very well could do, and when it 6 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 was all over, when we walked out, why we chitchatted and smiled as if though nothing had happened at all, and I...we're going to miss her, and I think Terry's right, it would be nice to have some minority representation like we use to have, and I'll certainly and my family will certainly offer prayers for Eugenia and her family, and may she rest in peace."

Speaker Giglio

"The Lady from St. Clair, Representative Younge."

Younge

"Thank you, Mr. Speaker. I too, will miss Eugenia. I think that her life is an example that we serve on the shoulders of giants. She set a marvelous example of competency. I think when Eugenia came to the General Assembly, it was still a question, can women serve as competently as Legislators? And the answer is, yes. I think her life typifies the old slogan, 'It's nice to be important, but it's important to be nice.' And I will deeply miss her."

Speaker Giglio

"The Lady from Cook, Representative Mulligan."

Mulligan

"Thank you, Mr. Speaker. Long before I ever thought of running for office, Eugenia Chapman served as an advisor from the Illinois Federation of Business and Professional Women and as someone that lived close to me in the northwest suburbs. She was very well..."

Speaker Giglio

"The Representative from Lake, Representative Clayton."

Clayton

"Eugenia Chapman was one of the finest people that I have known. While I was in local government, she represented the area that I also served, and she was always there when you needed her. She was extremely interested in what she could do to help make local government better in our area, and we called on her many times and she was always there when we did need her. She certainly left her 7 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 mark on the northwest suburbs and also on the State of Illinois, and she will be missed by many and we will certainly remember her with a lot of fondness."

Speaker Giglio

"Representative Deuchler."

Deuchler

"Yes, Mr. Speaker. I too, want to add my comments about Eugenia Chapman. She was truly a total person. She had a wonderful sense of sparkle and humor, but she also had that serious side that as she lay dying and was in contact with Jan Schakowsky putting together a five page historical narrative, listing the accomplishments of the network of women Legislators here in Springfield, the strip search legislation, legislation on women in Dwight Prison. She was so pleased and so happy at the end of her life that she could look at all she had done in so many areas, but as well as working on a network and a dialogue to establish some continuity of issues affecting the lives of women and children in Illinois. So, for that, I'll always remember and thank her."

Speaker Giglio

"Representative Skinner."

Skinner

"I enjoyed Jeannie Chapman. She was a liberal's liberal. She was absolutely delightful to debate with. The last time I saw her, I was teaching one of her classes that she taught at either Roosevelt or Loyola, and I think she just wanted to have a troglodyte there so, you know, she could show the students another side besides her side, and I thank her for her willingness to give them that opportunity, and I really mourn her passing."

Speaker Giglio

"Representative Parke now asks leave that all Members be placed on the Resolution as Co-Sponsors. Does the Gentleman have leave? Hearing none, leave is granted, and Representative Parke moves that the Resolution be adopted. All those in favor signify by saying 'aye'; 8 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 opposed, 'no', in the opinion of the Chair the 'ayes' have it, and the Resolution is adopted. Further Resolutions? Senate Joint Resolution 201. Read the Resolution."

McLennand

"Senate Joint Resolution #201. WHEREAS, The Illinois General Assembly has learned with sorrow of the death of the Honorable Harlan Rigney, of Freeport, a former member of both the Illinois House of Representatives and the Illinois Senate; and WHEREAS, Born in Freeport on June 27, 1933, he was the son of Thomas Blain and Eldora Halladay Rigney; he graduated from Freeport High School in 1951 and earned a degree in agricultural economics in 1958 from the University of Illinois; and WHEREAS, Harlan Rigney and Margie J. Barr were married on October 4, 1959, in Rock Grove, and they farmed in Harlem Township on the farm which has been in the family since 1881; Mr. Rigney served as vice president of the Illinois Livestock Feeder's Association in 1967; and WHEREAS, He was a former Harlem Township Supervisor, a member and chairperson of the Stephenson County Board, and a Republican Precinct Committeeman and former Republican Central Committee Chairman; on the State level, he was a representative to the Illinois Constitutional Convention in 1969-1970; and WHEREAS, Harlan Rigney served in the Illinois House of Representatives from 1972 to 1982, where he was majority spokesperson on the Agricultural Committee; he was an Illinois State Senator from 1982 to 1992, during which time he was minority spokesman for the Revenue Committee and a member of the Agriculture and Conservation Committee, the Election and Reapportionment Committee, and the Insurance, Pension, and License Activities Committee; and WHEREAS, He was also a former member of the Freeport Jaycees, a member and board member of the Stephenson County Historical 9 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 Society, and a member of the Cedarville United Methodist Church, for which he was a lay member of the Annual Conference; and WHEREAS, Harlan Rigney served in the U.S. Army from 1954 to 1962; and WHEREAS, He is survived by his wife, Margie; his sons, Thomas K. and Timothy H., and a daughter, Tamara B.; and WHEREAS, Harlan Rigney enjoyed a distinguished career in Illinois, and he helped to make Illinois a force in agriculture; he will be missed by all who knew him; therefore, be it RESOLVED, BY THE SENATE OF THE EIGHTY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that all Senate and House members express their deep sorrow at the death of their former colleague and friend, Harlan Rigney, offer their sincere sympathy to his family, and join his friends in honoring his memory; and be it further RESOLVED, That a suitable copy of this Resolution be presented to the family of Harlan Rigney."

Speaker Giglio

"The Gentleman from Jo Davies, Representative Lawfer."

Lawfer

"Thank you, Mr. Chairman, Ladies and Gentlemen of the General Assembly. I've known Harlan Rigney since high school days. We were the same age. He served as my Representative for ten years and also my State Senator for ten years. I've seen Harlan walk the fields of his farm that had been in the same family for four generations...in the fields of his farm he left many footsteps. And although he was small in stature, he left his footsteps, I believe, very deep. Not only on his farm, but across the farms of the entire State of Illinois. Many farmers today are still farming because of those footsteps that Harlan traced to the enactment of the Farm Land Assessment Law, as well as the repeal of sales tax for farm machinery. These 10 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 footsteps are widespread and are deep in the agriculture industry of northwest Illinois, as well as northwest Illinois. As a Representative of that area that Harlan served, I feel that those footsteps are very deep, and I look forward to seeing whether I can...Mr. Chairman, I would move the adoption of this Res..."

Speaker Giglio

"The Gentleman from Macon, Representative Dunn."

Dunn

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of the Resolution on behalf of Harlan Rigney. Harlan and I first met in the Agriculture Committee here in the House many years ago, 1975. Harlan was a true Gentleman, a courtly man who had a deep and abiding interest in agricultural issues. He was articulate. He was knowledgeable about his subject, and he was a learned Member who made a valuable contribution to this Body and the Senate, of course, not only in agricultural issues but in many other areas as well. I rise for...to some, maybe a trivial reason, but Harlan had two college classmates from the University of Illinois who actually were roommates who were from the area I serve, Decatur, and I think it would be appropriate, and Harlan would, I know, would wish that this would happen that, that as part of this commentary today and as part of the official record that these two gentleman's names be added to the record. They are Winfield Scott who is a retired professor at our community college, and T.G. Jerry Bolan who is currently serving as an attorney in our Decatur community. The three of them were very, very close and from time to time had many reunions and always maintained contact with each other. So, I'm sure that Harlan would appreciate having their names added to the record, and I would add that I enjoyed his company, respected him deeply, 11 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 and Harlan did tell me one time that all he really ever wanted to do was be a Legislator. And he was, did it well, did it for a long time, and we in this chamber and throughout the State of Illinois will mourn his passing for a long time, and we will miss his input. So, I wish to add my name to those who are mourning the loss of a dear friend. Thank you."

Speaker Giglio

"Representative Tenhouse."

Tenhouse

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Harlan and I shared kind of an unusual common background. He and I both served as State President of the Illinois Future Farmers of America, and it goes back a long ways, and we used to have these interesting discussions, philosophically, about ag and the way it was going. But I think that was one thing, but the thing that I always enjoyed the most about Harlan was his sense of humor. He had...he and Myron Olson were best friends, and much like what Myron used to do here in the House in terms of breaking up some of the negatives and some of the things that were happening and kind of adding a little bit of levity, he did the same thing in the Senate. In fact, they referred to him as Harlan...I wish I had some of the quotes, because I know last year when Harlan retired or two years ago, they really had gone through and they'd listed about 30 some of his quotes that he'd made on the floor and otherwise, and certainly one of the two characters and one of the people who truly make a difference down here. And I think there are so few...there's getting to be fewer and fewer of us who are really true characters. And I think probably right now as we look to heaven, I'm sure that Myron Olson and probably Harlan are telling some of the darnest, oneriest stories you ever heard that are 12 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 probably...no one would laugh at but nevertheless, it would probably bring a chuckle to all of us, and we miss them both."

Speaker Giglio

"You heard the Motion by Representative Lawfer that all Members be added as...excuse me, excuse me. Representative Curran."

Curran

"Thank you, Mr. Speaker. I didn't have the pleasure of ever serving with Harlan, but I knew him because I had many friends in northwestern Illinois, and I visited up there. And I want to share with you, because...basically because of what Art had just said. I want to share with you one memory I have of a political parade I went to in Freeport. And there is Harlan driving this pick-up truck, and in the back of this pretty rickety, old pick-up truck...cause that's...I'm pretty sure that's the only kind of pick-up truck Harlan would ever forced himself to drive, was a goat, not a big goat, tied on to the back of that pick-up truck. And on both sides of the pick-up truck was a painted sign, hand painted, and said, 'Guernsey cow after government committee gets through with it'. I think that ought to be added to the memory of this fine and wonderful man, who was a great Legislator and had a wonderful sense of humor. Thank you."

Speaker Giglio

"All right now...you heard the Motion by Representative Lawfer that all Members be added as Co-Sponsors. Does the Gentleman have leave? Hearing none, leave is granted. Representative Lawfer now moves that the Resolution be adopted. All those in favor signify by saying 'aye'; opposed, 'no', the Resolution is adopted. Further Resolutions?"

Clerk Rossi

"Senate Joint Resolution 199, offered by Speaker Madigan. WHEREAS, The people of the State of Illinois have 13 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 always been grateful to those public servants who have unselfishly given their time and effort for the betterment of our society and the death of such a person is an occasion of sadness for the people of the State of Illinois; and WHEREAS, The loss of a former President of the Senate, Cecil A. Partee, is an especially solemn time for the members of this body, for Senator Partee's leadership brought distinction and honor to this body throughout the nation; and WHEREAS, Senator Partee was born and educated in Blytheville, Arkansas and then attended Tennessee State University where he served as president of his senior class, editor of the school newspaper and graduated with a Bachelor of Science Degree in Business Administration, Cum Laude; and WHEREAS, Senator Partee attended Northwestern University Law School in 1946 receiving his Juris Doctorate and in 1948 he became a Cook County Assistant State's Attorney where he distinguished himself as a trial lawyer; and WHEREAS, In what began as a long illustrious career in elective politics, Senator Partee was first elected to the Illinois House of Representatives in 1956, serving in that chamber for five terms until his election to the Senate in 1966 for the 75th General Assembly and served in this body until the 79th General Assembly; and WHEREAS, As a member of this body, Senator Partee quickly demonstrated his leadership ability and his dedication to helping those members of our society who are unable to help themselves, for he truly believed in equal opportunity for all; and WHEREAS, Under the Illinois Constitution of 1870, Senator Partee was elected President Pro Tempore of the Illinois Senate for the 77th General Assembly, the first African-American to hold that position and under the gubernatorial succession provisions of the 14 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 Constitution, Senator Partee served as Governor for one day, serving also as the first African-American to hold that honored office; and WHEREAS, For the 78th General Assembly, Senator Partee was elected by his Democratic colleagues of the Senate to serve as Minority Leader and under the Constitution of 1970, Senator Partee was elected Senate President and Majority Leader for the 79th General Assembly; and WHEREAS, Senator Partee was extremely proud of being a Democrat and served with great enthusiasm as Committeeman of the 20th Ward Regular Democratic Organization of the City of Chicago; and WHEREAS, In 1976 Senator Partee responded to the request of the Democratic Party by serving as the candidate for Attorney General, where once again he broke the barriers of the past by being the first African-American to run for Statewide office in the State of Illinois and although the effort was unsuccessful, Senator Partee paved the path for future successful African-American candidates, and for this reason his endeavor will always be remembered and honored; and WHEREAS, Upon his retirement from the General Assembly, Senator Partee became the Commissioner of the Department of Human Services for the City of Chicago and in 1979 was elected Treasurer for the City of Chicago where he served until accepting the appointment as Cook County State's Attorney in 1989 where he again distinguished himself by fighting crime and seeking equal justice for all; and WHEREAS, The loss of Senator Partee is most heartfelt by his wife Paris, their daughters Paris and Cecile, their grandchildren and their entire family; and WHEREAS, Senator Partee ranks among the great historical leaders of the State of Illinois, for his noted eloquence, his devotion to justice and his steadfast service to the people of this 15 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 State genuinely earned him the tribute of being considered a statesman; and WHEREAS, The wit, wisdom and friendship of Senator Partee have made the difference to so many people throughout the State of Illinois, for his counsel and advice was sought by all those who had fortune of his friendship; therefore, be it RESOLVED, BY THE SENATE OF THE EIGHTY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that we offer our most sincere condolences to the family of Senator Cecil A. Partee, for their loss is shared by the people of the State of Illinois and especially by the members of this chamber, for his tenure as President of the Senate has been a enduring hallmark of excellence for this body; and be it further RESOLVED, that a suitable copy of this preamble and Resolution be presented to Paris Partee and her daughters Paris and Cecile as a measure of our respect for the esteemed Senator Cecil A. Partee."

Speaker Giglio

"The Gentleman from Cook, Representative Morrow."

Morrow

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Cecile Partee was one of a kind, and I owe my being here and my sixth term in January, to Cecile A. Partee. For those of you who are new in this chamber, in 1986, Senator Charlie Chew passed away, and the current Representative of the 32nd district at the time that I was to follow, Ethel Scows Alexander, was moved to fill the vacancy of Senator Chew. Well, the filling of the vacancy for the Rep. seat, there was a big battle back home. Gene Sawyer had a person, he was the Mayor...well he wasn't Mayor at the time, he ended up being Mayor a couple of years later, but it was a person that Gene Sawyer had wanted to replace into the Rep seat, and I was put up by the powers in the 17th Ward. And it was a big struggle, 16 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 and I'll never forget that day when they had the meeting to elect who was going to replace the Rep. seat Cecile Partee was the swing vote, and putting me into office to appoint me as State Representative of the 32nd district at that time. But my tenure with Cecile Partee did not begin in 1986, it began almost 30 years ago when I was a young man and I was serving as a Page down here in these chambers, under then, Representative Raymond 'Youl'. As Cecile Partee was at the time, President of the Senate, and I remember as a young man, looking at him at the podium, being about six or eight years old, and saying and feeling just how proud I was to see an African-American. Not only because he was African-American, but because he was qualified to hold that position. As Cecile Partee, a lot of people didn't agree with his politics, but as I've told many, many people, he took it so people of my time wouldn't have to take it. Harold Washington became Mayor because Cecile Partee put his might, his Ward organization, the 20th Ward organization at the time, was one of the most powerful Ward organizations the City of Chicago has ever seen, and will probably never see again. That Ward organization saved me in my first election when I was thrown off the ballot. They saved my rear end then and they saved my rear end many times since. But Cecile Partee, my relationship with him was not only down here, but it was personal. His family and my family knew each other for almost eighty years. My sister and his youngest daughter, Cecile, were classmates and roommates in high school and in college. Langdon Neal, who was the former Chairman of the State Board of Elections, was a good friend of the Partee family, and I could go on and on, but for the sake of time, I won't. Cecile Partee's legendacy to this 17 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 state will never be forgotten, and yes, even though there is a building named after Charlie Chew, the first state building named after an African-American, there should be a building named after Cecile Partee in this state because his legendacy was that great. I mourn the loss of Cecile Partee. I was at the program that they had for him in the Senate yesterday, and I was able to talk to the family. They're going through rough times and as I know, many of you know, I lost my mother in May, and his loss in August hurt me deeply because it was of the same illness that took my mother. Many of you need to learn and read the papers and read the history about Cecile A. Partee. He taught me one thing, that your word is your bond. Many of you have heard that, but Cecile Partee lived it. Thank you."

Speaker Giglio

"The Gentleman from Cook, Representative Turner."

Turner

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the Assembly. I too, happen to have known Cecile Partee. I did not have the pleasure of serving with him, in fact, I think there's very few Members in the House, maybe some three or four who was around during Cecile Partee's tenure here in the General Assembly. But in meetings that I had the occasion to run across with Cecile over the years, as Chuck mentioned earlier, one of the first things he told me as a early Representative here, were there were two things; one is that your word is your bond, and that you should keep your word, and secondly, he always said you should get the facts. Make certain that you get the facts, they're easy, they're there, you can read them. Cecile graduated from Tennessee State, cum laude, he was a very intelligent man, he was a man that had 10,000 stories, like the previous Members. I think developing stories is something that we all sort of, over the years in staying in this 18 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 Body, learn to pick up one or two. Cecile said that, and I heard this yesterday in the Memorial Service, that one of the things as a kid that he had to do, was walk a blind man daily. His mother asked him to walk this blind man daily through his neighborhood in Arkansas. And he said that that helped him develop his oratorical skills because he had to describe to this blind man, the things that he saw. And he said he really appreciated that experience, that it helped make him a whole person. One of the things that he will be remembered for here, in addition to the legislative initiatives that he sponsored, was that he was also one of the founding members of the Prayer Breakfast. And one of the stories that we also heard yesterday, that in addition to being the founder of the Prayer Breakfast, was the story that he said that all religions, that all religions are like paths through the mountains, and that the closer you get to the top, the closer those paths become. And I think that's true here of our colleagues in terms of the goals that we're trying to achieve, and I can only say that he was a great man. He also reminded me that there is a set of books in the State Library on the memoirs of Cecile Partee, and I think my first term here, I picked up that, it's a seven volume addition for anyone that's interested in reading more about Cecile Partee. There is books available in the State Library about his life and his experiences. He grew up in a segregated town in the south, he was a loyal Democrat to the Democratic Party of this state and he truly will be remembered for his political endeavors."

Speaker Giglio

"The Gentleman from Cook, Representative Kubik."

Kubik

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I never served with Cecile Partee, but I remember 19 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 him well, because he use to campaign with the Majority Leader who use to live in my legislative district, who was Jerry Shea, we all know Jerry Shea. And Cecile Partee would campaign with Jerry Shea and he'd come to our newspaper and on behalf of Democratic candidates. And what I remember about Cecile Partee was that he was a healer. He was a man who reached out to everyone. He believed that there was...that America was a great place and that we could all live together, and that the main thing in life was to get to know someone else, understand them, and the differences would fade away. He was an extraordinary man, he will be missed, and I offer my condolences on behalf of my family who knew him well and the Members of the House."

Speaker Giglio

"Representative Davis."

Davis

"Thank you, Mr. Speaker, Ladies and Gentlemen of the Body. I was not privileged to serve under Cecile Partee, however, as being a resident of Chicago, we were well aware of his strength and his leadership. During the reign of Harold Washington, some people attempted to create a schism between Cecile and Harold, but both men were of such high caliber and so dedicated until neither of them allowed it to happen. On many occasions after he lost his last election for State's Attorney, he and I had deep and meaningful conversations. He did say exactly to me what he said to Charlie Morrow, and that is, in that Body, your word is your bond. He also was not a man concerned with color. He was concerned with character, and he did heal many wounds. I'm very sorry and saddened at the loss of such a great statesman and former President of the Senate of the State of Illinois."

Speaker Giglio

"Representative Morrow now asks leave that all Members be added as Co-Sponsors. Does the Gentleman have 20 1 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 leave? Hearing none, leave is granted and Representative Morrow now asks for the adoption of the Resolution. All those in favor signify by saying 'aye'; opposed, 'nay', in the opinion of the Chair, the 'ayes' have it, the Resolution is adopted. The House will stand at ease. Representative Black, were you seeking recognition, Sir?"

Black

"All right, yes, thank you very much, Mr. Speaker. If it isn't a violation of the House rules, I would like to recognize my alma mater. I believe there is a group of students from Danville High School in the gallery. I'd like to welcome them to Springfield."

Speaker Giglio

"Welcome. That's Representative Black's rule. Supplemental Calendar Announcements."

Clerk Rossi

"Supplemental Calendar #1, is being distributed."

Speaker Steczo

"The House will come to order. Representative Steczo in the Chair. On Supplemental Calendar #1, under the Order of Concurrence, appears House Bill 1124. The House recognizes Representative Novak."

Novak

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. On House Bill 1124, Senate Amendments #1, I now move to nonconcur in the Senate Amendment #1 and request a Conference Committee Report."

Speaker Steczo

"The Gentleman moves that the House nonconcur with Senate Amendment #1 to House Bill 1124. All those in favor will signify by saying 'aye'; those opposed 'nay', the 'ayes' have it, and the House does nonconcur with Senate Amendment #1 to House Bill 1124. On page 45 of the Calendar, under the Order of Senate Bills, Third Reading, appears Senate Bill 1728. The Chair recognizes Representative Granberg on a Motion."

Granberg

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1728 contains four provisions, two of 21 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day which are..." December 1, 1994

Speaker Steczo

"Mr. Granberg, did you want to move the Bill back to Second Reading?"

Granberg

"Yes, I would."

Speaker Steczo

"The Gentleman moves that Senate Bill 1728 be moved back to the Order of Second Reading for the purpose of an Amendment. Is there any objection? Being no objection, leave is granted. Mr. Clerk, what is the status of the Bill and how many Amendments have been filed?"

Clerk Rossi

"Senate Bill 1728 is now on the Order of Second Reading. Committee Amendments 1 and 3 have been adopted to the Bill, as well as Floor Amendment #5. No Motions have been filed. Floor Amendment #6, is offered by Representative Granberg."

Speaker Steczo

"The Chair recognizes Representative Granberg on Amendment #6."

Granberg

"Thank you Mr....a question of the Clerk. Are there any Amendments on the Bill?"

Clerk Rossi

"Committee Amendments 1 and 3, and Floor Amendment #5 have been adopted to the Bill."

Granberg

"Okay, thank you. Amendment #6 deletes the previous provisions that becomes the Bill. There are four elements. The first two deal with bringing us into compliance with the ADA, American Disabilities Act. This has been negotiated. The third provision is requiring a liquor license for the Germania Club. The current statute prohibits liquor licenses within a 100 feet of a school, and to the Germania Club, this is a long standing club in existence for over a 120 years. It was sold. The new owners would like to have that license for banquet facilities. The Latin School which is within the 100 feet, has consented and this would allow the Germania Club, in 22 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day fact, to have that license. Port Authority. December 1, 1994 The fourth provision is the Last year we allowed them to build to a golf course on that property. This would allow them to have a liquor license on that same property. I would be happy to answer any questions."

Speaker Steczo

"Representative Granberg prior to asking for a vote on that, did you wish to table the previously approved Amendments?"

Granberg

"Yes."

Speaker Steczo

"Representative Granberg, moves to table Amendments 1, 3 and 5 to Senate Bill 1728. On that, is there any discussion? Mr. Black. All those in favor of the tabling of the Amendments will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it, and Amendments #1, 3 and 5 are tabled. Representative Granberg has now moved for the adoption of Amendment #6. On that, is there any discussion? Representative Stephens."

Stephens

"Representative...will the Gentleman yield for a question?"

Speaker Steczo

"He indicates he will."

Stephens

"Did you state a specific club, is in the Amendment?"

Granberg

"Yes."

Stephens

"Will that meet our Constitutional Rules?"

Granberg

"It's not by name, Representative. The impact of the legislation would have...it would...it would be very narrow in its application."

Stephens

"Well, I understand that, but you said that..."

Granberg

"It is not names specifically."

Stephens

"You said a specific club and then you said that the school had signed off on it, I think you said."

Granberg

"There was...in this one instance that we are familiar with, there could be others. In the one instance, with the 23 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 legislation because of the drafting, the one school it would have the impact upon has said they have no problem with this."

Stephens

"But indeed we're changing the law so that all future license applications within, how many feet now of a school?"

Granberg

"It's within a hundred feet."

Stephens

"And that's a change from..."

Granberg

"This would be...this would be the...this would narrow the scope to 60 feet for a building that has been registered as a national landmark."

Stephens

"Okay, so we wouldn't be changing it other than for buildings that were a specific designation as a national landmark did you say?"

Granberg

"Correct."

Stephens

"And that's this Germania Club? Where's it located?"

Granberg

"The club that would be impacted is a national landmark."

Stephens

"Where's that located?"

Granberg

"In the city on the north side."

Stephens

"What...this city?"

Granberg

"In Chicago."

Stephens

"Chicago. Okay. City, I get confused, you know, Springfield..."

Granberg

"I'm sorry."

Stephens

"Breese."

Granberg

"Well, we like our cities in downstate. They reference theirs as the city..."

Stephens

"Well, we have a lot of national landmarks, I don't know how many are close to schools, but as long as it's specific like that, I think we wouldn't object to that."

Granberg

"Yes, Sir." 24 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994

Stephens

"If you were changing the entire law, we would have to object to it."

Granberg

"No we are not, we are not."

Stephens

"Thank you."

Speaker Steczo

"Further discussion? Representative Black."

Black

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

Speaker Steczo

"He indicates he will."

Black

"Representative, its been very noisy in here, let's get a few things on the record while the din has kind of gone down. Amendment #6 is now the Bill, correct?"

Granberg

"Correct."

Black

"The exemption for the Germania Club, if I...I could hear just pieces of your conversation with Representative Stephens, this does not eliminate the 1000 foot exemption or prohibition on a neighborhood tavern, say, in my city. This...you've drafted this only for the Germania Club, correct?"

Granberg

"The application would be for this club."

Black

"Okay, so if I...in many of our downstate communities, as you're well aware, we have...oh maybe an abandoned fast-food building, that use to have a hamburger stand or a hot dog stand, and it may be within 200 feet of the school, and this has come up in my city in the last year, somebody wants to put a package liquor, indoor retail liquor establishment in that building, but because they are within 200 or 300 feet of the school, of course they can't do that. And this isn't going to change that provision at all?"

Granberg

"No, it would not, Representative, unless your fast-food place is a national landmark, and maybe because you go there, it would be." 25 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day

Black

"There's one December 1, 1994 or two that I'm very interested in, but not yet, not yet. Let me ask you another thing, because some people have asked questions because of the synopsis that appears on some Members' desks, when you say we are removing...let me read it verbatim here...well, if I can find it, here it is; amending the liquor code to remove discriminatory language prohibiting the sale of liquor to assume that that's only I persons with disabilities. because of the American Disabilities Act?"

Granberg

"That was in reference to the second component of this Amendment which is, in fact, the case, to bring this into compliance with the ADA."

Black

"Okay. But, could this be construed...you know, under the Dram Shop Act, this does not preclude nor prevent the owner of any liquor establishment from making a decision on who or who should or not perhaps be served, right?"

Granberg

"No, absolutely not."

Black

"Okay, thank you very much."

Speaker Steczo

"Representative Skinner." You're saying a federal law, we have to allow bartenders to

Skinner

"Let me understand this. Representative, says that sell liquor to people who are...have loss, for example?" short-term memory

Granberg

"No. They cannot be denied because they happen to be a quadriplegic or in a wheelchair."

Skinner

"That's not what this says. It says, under legal disability. Now, I'm not a lawyer and you are, but I can think of one gentleman in my neighborhood who fell off a ladder while he was cleaning leaves out of his gutter, and he has pretty good long-term memory but he has virtually no short-term memory. Now if he wonders into the bar, does that mean that a bartender can, and he knows this guy can't 26 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 handle liquor and wouldn't be able to find his way home, that he is going to be able to sell him liquor?"

Granberg

"Representative, I'm not sure. We are coming into compliance with the ADA, so we sometimes have to do what the Federal Government tells us."

Skinner

"So if we get...I don't know whether you've noticed, but we've had a new election, and the Republicans are in control in Washington, and some of these mandates are not going to be there that long, and I'm not sure that I want people that are not capable of being even able to vote legally, to be able to be liquored up by the local bartender. I mean, you really think this is good public policy? Quite apart from anything the Democrats in Washington might have passed and a Republican President might have signed in 1990?"

Granberg

"Representative, if you want to deny someone who is in a wheelchair a..."

Skinner

"This has nothing to do with wheelchairs. People in wheelchairs are not under...now wait a minute, maybe...is that what you're defining...is that why you're defining legal disability? I mean, I'm thinking of something more serious. Something where the person would not be able to handle money."

Granberg

"Representative, I don't...they cannot refuse to comply with the ADA for that reason. If there is a another reason that person is incapable of making that decision, I'm sure that's grounds enough to be denied."

Skinner

"Well, isn't...well, let's look at the last half of that sentence. Right now, you can't sell liquor to people who are under legal disability, whatever that means, or in need of mental treatment. Now, I understand...I mean, is mental treatment...I mean, mental disease is a disability, right? 27 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 Why aren't you taking that language out? I mean it makes more sense to take that language out. How does a bartender ever going to know that someone needs mental treatment?"

Granberg

"Because that does not violate federal law, and this does."

Skinner

"Well, I guess this is typical for the Democratic Party. The Democratic Party says that if the Federal Government does it, we should leep and do exactly what they order. I am not convinced that this is good public policy, Representative. Thank you for answering my questions, however."

Granberg

"Sure, sure."

Speaker Steczo

"Representative Homer."

Homer

"A point of order, Mr. Speaker. What Reading are we on?"

Speaker Steczo

"We're on Second Reading."

Homer

"Okay, the board should be made to reflect that, if that's the case."

Speaker Steczo

"Mr. Homer, that's been corrected. Representative Parke."

Parke

"Thank you, Mr. Speaker. Will the Sponsor of this Amendment yield for some questions?"

Speaker Steczo

"He indicates he will."

Parke

"Representative Granberg, for the purpose of legislative intent, I would like to review the pension aspects of this Bill for the police and fire. This affects only downstate police and fire?"

Granberg

"Yes."

Parke

"Now, we're putting these provisions in because the Federal Government by federal law has required us to meet ADA standards, and therefore that is part of why you submitted this Amendment?"

Granberg

"Yes, that is correct. We're coming in compliance with 28 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day the ADA requirements." December 1, 1994

Parke

"Can you refresh our memory or share with us the provisions that have to do with fitness of local police and firefighters so that the pension boards that review their qualifications for pensions, can you review that for us?"

Granberg

"If they are fit to be firefighters, they can not be denied coverage under the pension fund."

Parke

"So, because of ADA requirements, fitness is going to be removed as a criteria for downstate participation in police and fire retirement benefits?"

Granberg

"Yes."

Parke

"Can you share with us, the age discrimination basis of this in terms of limiting ineligibility based on the integument of age 35?"

Granberg

"You will no longer be able to refuse to hire a firefighter or policeman solely on the basis that they are 35 years of age or older."

Parke

"And, the local municipal governments have no say in this because the Federal Government has preempted them on this?"

Granberg

"That is true."

Parke

"Under the veterans laws, if a police officer or fireman was called to serve in military service including peace time service that interrupted his employment, is he eligible for pension benefits for those two year period, or three year or four year period of time?"

Granberg

"Yes, that's my understanding."

Parke

"Do they have to pay from their own pockets the difference for those years, that they have to buy in?"

Granberg

"Yes, on page 7, Representative."

Parke

"Thank you, Representative Granberg, I appreciate the information."

Speaker Steczo

"Any further discussion? If not, Representative 29 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 Granberg to... Representative Lindner."

Lindner

"Thank you. Will the Sponsor yield for a question?"

Speaker Steczo

"He indicates he will."

Lindner

"I don't understand, this just applies to downstate, the pension?"

Granberg

"Downstate policemen and firemen."

Lindner

"Why does it not apply to the whole state? I have this situation in my district and in fact, was one of the Sponsors of a Bill to be able to have firemen who would qualify no matter what their age, participate in the pension program."

Granberg

"Representative, I...the way that they define it, I'm not sure of your district, but the definition is everything outside the City of Chicago."

Lindner

"Is downstate?"

Granberg

"Yes."

Lindner

"Okay, thank you."

Granberg

"That's the definition. I don't believe that, but that's the definition."

Lindner

"Thank you."

Speaker Steczo

"Any further discussion? There being none, the question is, 'Shall the Amendment be adopted?' All those in favor will signify by saying 'aye'; those opposed by saying 'no', the 'ayes' have it, and the Amendment is adopted. Mr. Clerk, any further Amendments?"

Clerk Rossi

"No further Amendments."

Speaker Steczo

"Third Reading. Clerk, please read Senate Bill 1728 a third time."

Clerk Rossi

"Senate Bill 1728, a Bill..."

Speaker Steczo

"Wait, wait, Mr. Clerk. First, is there leave to have Senate Bill 1728 heard at the present time? There objection? Representative Wennlund." 30 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994

Wennlund

"Thank you, Mr. Speaker. Will the Sponsor yield for one clarification question?"

Speaker Steczo

"Yes, he will."

Wennlund

"Great, thank you. Representative Granberg, I have not had the opportunity to thoroughly examine the Amendment, is there anything in this Amendment whatsoever, that would affect in any manner whatsoever, the pension of any Legislator?"

Granberg

"No."

Wennlund

"Thank you very much."

Granberg

"This is limited to the specific downstate firefighters, so we can come into compliance with the American Disabilities Act. Nothing about legislative pensions. Nothing about any other pensions."

Wennlund

"That's the only...you know...down...that's the only pensions that are affected by anything in this Amendment, which does become the Bill, correct?"

Granberg

"Correct."

Wennlund

"I respre..."

Granberg

"Correct, Representative. There's nothing in here about any other pensions. There are no other Amendments. This limits it to downstate policemen and firefighters so we can come into compliance with the American Disabilities Act. There are no other pensions. This is not a pension omnibus Bill, there are no other provisions in this legislation."

Wennlund

"Thank you very much. I've had several questions from Members as to whether or not it might, so I appreciate the information. Thank you."

Speaker Steczo

"Representative Black."

Black

"Yes. Thank you very much, Mr. Speaker. As I...as I sometimes suffer a short-term memory loss, I can't remember 31 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 where we are in this process."

Speaker Steczo

"Well, Mr. Black..."

Black

"What are we doing now?"

Speaker Steczo

"I just asked the House whether they wish to grant leave to have the Bill heard on the Order of Third Reading at this time."

Black

"Oh. Oh."

Speaker Steczo

"And this objection..."

Black

"And this is that Bill..."

Speaker Steczo

"This is that objection..."

Black

"This is that Bill that we've been debating for thirty minutes so we'll probably get a hundred votes, is that correct?"

Speaker Steczo

"That's the one, Mr. Black."

Black

"I see. Well, I'm certainly willing to grant you leave."

Speaker Steczo

"Is there any objection? There being no objection, leave is granted. Is there leave for the use of leave the Attendance Roll Call? There being no objection, is granted. Mr. Clerk, please read the Bill a third time."

Clerk Rossi

"Senate Bill 1728, a Bill for an Act in relation to public employee pensions. Third Reading of this Senate Bill."

Speaker Steczo

"The Chair recognizes Representative Granberg."

Granberg

"Thank you, Mr. Speaker. Again, there are four small components in this Bill. There are no other legislative pension matters. It's limited to ADA requirements. This was done at the request of the administration. Governor Edgar requested these...Governor Edgar and Majority Leader Black have requested these items, and so I ask for a favorable vote."

Speaker Steczo

"The Gentleman has moved for the passage of Senate Bill 728...1728. On that, is there any discussion? 32 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 There being none, the question is, 'Shall this Bill pass?' All those in favor will signify by voting 'aye'; those opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 114 voting 'yes', 1 voting 'no', 1 voting 'present', and Senate Bill 1728, having received the required Constitutional Majority, is hereby declared passed. On page 46 of the Calendar, under the Order of Senate Bills, Second Reading, appears Senate Bill 1233. Mr. Clerk, what's the status of any Amendments to this Bill?"

Clerk Rossi

"Senate Bill 1233, has been read a second time previously. Amendments 1 and 2 have been adopted in Committee, no Motions have been filed. Floor Amendment #3, offered by Representative Skinner."

Speaker Steczo

"Representative Skinner. The Gentleman withdraws Amendment #3. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"Representative Skinner withdraws Amendment #4. Mr. Clerk, any further?"

Clerk Rossi

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

Speaker Steczo

"The Amendment is withdrawn. Any further?"

Clerk Rossi

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

Speaker Steczo

"Representative Dart, on Amendment #6. The Gentleman withdraws Amendment #6. Any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"Representative Leitch. The Amendment is withdrawn. Mr. Clerk, any further Amendments?" 33 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994

Clerk Rossi

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

Speaker Steczo

"Representative Stephens withdraws Amendment #8. Any further, Mr. Clerk?"

Clerk Rossi

"Floor Amendment #9, offered by Representative Tom Johnson."

Speaker Steczo

"Representative Johnson withdraws the Amendment. Any further?"

Clerk Rossi

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

Speaker Steczo

"Representative Biggert withdraws the Amendment. Any further?"

Clerk Rossi

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

Speaker Steczo

"Representative Homer withdraws Amendment #11. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"The Gentleman withdraws the Amendment. Any further?"

Clerk Rossi

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

Speaker Steczo

"The Gentleman withdraws the Amendment. Any further?"

Clerk Rossi

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

Speaker Steczo

"The Gentleman withdraws Amendment #14. Mr. Clerk, any further?"

Clerk Rossi

"Floor Amendment #15, offered by Representative Raschke-Lind."

Speaker Steczo

"The Lady withdraws the Amendment. Any further?"

Clerk Rossi

"Floor Amendment #16, offered by Representative 34 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 Black."

Speaker Steczo

"Representative Black."

Black

"Yes, thank you very much, Mr. Speaker. Floor Amendment #16 is a very good Amendment that will bring more state police to patrol our roads and in light of what has happened this morning, I may want to run 16. I think it suddenly has gained a great deal of support...wait a minute...just a second. Not that much support, withdraw the Amendment."

Speaker Steczo

"The Gentleman withdraws Amendment #16. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"The Gentleman withdraws the Amendment. Mr. Clerk, any further?"

Clerk Rossi

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

Speaker Steczo

"Representative Brady, Amendment #18. The Gentleman withdraws the Amendment."

Clerk Rossi

"Floor Amendment #19, offered by Representative Maureen Murphy."

Speaker Steczo

"Representative Murphy withdraws Amendment #19. Mr. Clerk, any further?"

Clerk Rossi

"Floor Amendment #20, offered by Representative Ostenburg."

Speaker Steczo

"The Gentleman withdraws Amendment #20. Any further?"

Clerk Rossi

"Floor Amendment #21, offered by Representative Schoenberg."

Speaker Steczo

"The Gentleman withdraws Amendment #21. Any further Amendments?"

Clerk Rossi

"Floor Amendment #22, offered by Representative 35 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day Lindner."

Speaker Steczo

December 1, 1994 "Representative Lindner withdraws the Amendment. Mr. Clerk, any further Amendments?"

Clerk Rossi

"Floor Amendment #23, offered by Representative Schoenberg."

Speaker Steczo

"The Gentleman withdraws Amendment #23. Mr. Clerk, any further Amendments?"

Clerk Rossi

"Floor Amendment #24, offered by Representative Moseley."

Speaker Steczo

"The Lady withdraws the Amendment. Mr. Clerk, any further Amendments?"

Clerk Rossi

"Floor Amendment #25, offered by Representative Ostenburg."

Speaker Steczo

"The Gentleman withdraws Amendment #25. Mr. Clerk, any further Amendments?"

Clerk Rossi

"Floor Amendment #26, offered by Representative Lindner."

Speaker Steczo

"Representative Lindner, Amendment #26. The Lady withdraws Amendment #26."

Clerk Rossi

"Floor Amendment #27, offered by Representative Deering."

Speaker Steczo

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

Homer

"Mr. Speaker, I'm advised by our Bill box guru, that to cut down on paperwork, it would be appropriate for me at this time to move to table Amendments 1 and 2, so that the Senate would only have to take up these last two Amendments. So, if it's in order at this time, it wouldn't affect the outcome because 27 becomes the Bill, but I would move to table Amendments 1 and 2."

Speaker Steczo

"Representative Homer moves that Amendments and 2 to Senate Bill 1233 be tabled. On that, is there any #1 36 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 discussion? There being none, all those in favor of the tabling of the Amendments, will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it, the Amendments are tabled. Representative Deering on Amendment #27."

Deering

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #27 becomes the Bill. It amends the State Police Act. It requires back pay to officers who are found not guilty in a suspension hearing or who served a suspension greater than the State Police Merit Board prescribes, requires 7% interest pay back on that amount of money that they would be refunded. Be glad to happy...be happy to answer any questions."

Speaker Steczo

"The Gentleman has moved for the adoption of Amendment #27. On that, is there any discussion? The Chair recognizes Representative Tom Johnson." Johnson, Tom: "Will the Sponsor yield?"

Speaker Steczo

"He indicates he will." Johnson, Tom: "Representative, just for clarification, does this apply only to state police or does this apply to all police across this state who have been suspended?"

Deering

"That's a good question, Representative. It only applies to the state troopers." Johnson, Tom: "Okay."

Deering

"This was a Bill that Representative McAuliffe carried earlier this year, it flew out of here 113 to nothing and it had some stuff put on in the Senate that was vetoed out." Johnson, Tom: "Okay, thank you."

Speaker Steczo

"Is there any further discussion? There being none, all those in favor... Representative Stephens."

Stephens

"Just as a point of clarification, Representative 37 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 Deering, on page 3 of your Amendment, it says the award of compensation shall include interest at the rate of....if I'm reading this correctly, this says .7%. Is that what it's suppose to be, 7 tenths of 1%?"

Deering

"No Sir, it's suppose to be 7%. I wonder if the rules allow for us to amend it on its face or...it's printed right in the original draft..." Johnson, Tom: "Which are we voting on?"

Deering

"Well, I would hope we're going by the original draft. I hope that's just a clerical error." Johnson, Tom: "I wonder if the Clerk could clarify that before we pass this?"

Speaker Steczo

"Representative Black, do you wish to enlighten the debate?"

Black

"On the Amendment that has been duly stamped at the well, it's very clear that it's 7% per annum. On the green copy, it would appear to be an inadvertent pen mark. For purposes of legislative intent with the Chair's approval, I would think it would be sufficient that we read into the record that on page 3, line 3 of Amendment #27 to Senate Bill 1233, it is clearly to be stipulated that the interest at the rate of 7% per annam, is the intent of the legislation."

Speaker Steczo

"Representative Biggert."

Biggert

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

Speaker Steczo

"He indicates that he will."

Biggert

"Does this also include a provision for frivolous lawsuits or is it just for the..."

Deering

"I'm sorry, I didn't hear the question."

Biggert

"Does this also include a provision for frivolous lawsuits?"

Deering

"This says that the merit board could require the party 38 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 that would file the frivolous lawsuit if it was deemed frivolous, to pay the cost and it would apply to the state and the department also."

Biggert

"All right. And that again would only apply to the state police?"

Deering

"Yes ma'am."

Biggert

"Thank you."

Speaker Steczo

"Is there any further discussion? There being none, the question is, 'Shall the Amendment be adopted?' All those in favor will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it, the Amendment is adopted. Mr. Clerk, any further Amendments?"

Clerk Rossi

"Floor Amendment #28, offered by Representative Mautino."

Speaker Steczo

"The Chair recognizes Representative Mautino, on Amendment #28."

Mautino

"Thank you, Mr. Speaker, and Members of the House. Amendment 28 contains some language which had been discussed with the Sponsor of the Bill and the Sponsor of the Amendment at the time of its passage into Public Act 623. What this would do is, allow for the mayor or commissioner in a commissioned form of municipality, in a village or incorporated town of fewer than 1400 inhabitants, to hold a position on the county board as well as the municipal office. Its been a particular problem in downstate Illinois where many of the rural smaller towns we could not get people who were willing to run for the offices and it's more difficult in a small town, so this has been allowed. The original legislation would have allowed this in a town of a 1000. I've discussed the language with the Municipal League, with the original Sponsors and Cosponsors, and it has been agreed, and I 39 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 would ask for an 'aye' vote. Be happy to answer any questions."

Speaker Steczo

"The Gentleman moves for the adoption of Amendment #28. On that, is there any discussion? There being none, the question is, 'Shall the Amendment be adopted?' All those in favor will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it, the Amendment is adopted. Mr. Clerk, any further Amendments?"

Clerk Rossi

"No further Amendments."

Speaker Steczo

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

Clerk Rossi

"Senate Bill 1233, a Bill for an Act amending the Unified Code of Corrections. Third Reading of this Senate Bill."

Speaker Steczo

"The Chair recognizes Representative Homer."

Homer

"Thank you, Mr. Speaker. The Bill consists of the...House Amendment 27 proposed by Representative Deering and House Amendment 28 proposed by Representative Mautino. Both of these Amendments were most recently discussed on Second Reading. I would simply move passage of the Bill as amended."

Speaker Steczo

"The Gentleman has moved for the passage of Senate Bill 1233. On that, is there any discussion? The Chair recognizes Representative Hughes."

Hughes

"Thank you, Mr. Speaker. I would like to point out that Amendment 28, we discussed at length a couple of times this spring, which brings up the issue of potential conflict of interest of a person serving the county board and serving on a city council. We preclude a person from serving on a school board and a county board and many, many other areas, and I would caution you about this provision. Thank you."

Speaker Steczo

"Is there any further discussion? There being 40 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 none, the question is, 'Shall Senate Bill 1233 pass?' All those in favor will signify by voting 'aye'; those opposed by voting 'no'. The voting is open. Have all voted who wish? Representative Skinner 'aye'. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 112 voting 'yes', 1 voting 'no', 2 voting 'present'. Senate Bill 1233, having received the appropriate required Constitutional Majority, is hereby declared passed. Representative Flinn. On the Order of Senate Bills, Second Reading, on page 46 of the Calendar, appears Senate Bill 1261. Mr. Clerk, what's the present status of this Bill?"

Clerk Rossi

"Senate Bill 1261 has been read a second time previously. Amendments 1, 2, 3 and 4 were adopted in committee. Committee Amendment #5 lost. Floor Amendment #6, is offered by Representative Currie."

Speaker Steczo

"She withdraws Amendment #6. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"Representative Stephens on Amendment #7. The Gentleman withdraws the Amendment. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"Representative Krause on Amendment #8. The Lady withdraws the Amendment. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"Representative Meyer, Amendment #9. The Gentleman withdraws the Amendment. Mr. Clerk, any 41 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 further?"

Clerk Rossi

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

Speaker Steczo

"Representative Krause, Amendment #10. The Lady withdraws Amendment #10. Any further Amendments, Mr. Clerk?"

Clerk Rossi

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

Speaker Steczo

"The Lady withdraws Amendment #11. Any further?"

Clerk Rossi

"Floor Amendment #11, offered by Representative Currie. The Lady withdraws Amendment #11. Any further?"

Clerk Rossi

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

Speaker Steczo

"The Lady withdraws Amendment #12. Any further?"

Clerk Rossi

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

Speaker Steczo

"The Gentleman withdraws Amendment #13. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"Representative Davis, Amendment #14. The Lady withdraws the Amendment. Mr. Clerk, any further?"

Clerk Rossi

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

Speaker Steczo

"Representative Currie, Amendment #15. The Lady withdraws Amendment #15. Mr. Clerk, any further? Representative Dunn, for what purpose do you seek recognition?"

Dunn

"I have the next Amendment, Mr. Speaker, when you're ready for it."

Speaker Steczo

"Okay."

Clerk Rossi

"Floor Amendment #16, offered by Representative 42 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day Dunn. December 1, 1994

Speaker Steczo

"The Chair recognizes Representative John Dunn."

Dunn

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move for adoption of Floor Amendment #16. This is an Agreed Amendment and it is a necessary Amendment for the Department of Mental Health to properly administer age programs, and I'd be happy to answer any questions if there are any. This is an agreed Amendment, and I move for its adoption."

Speaker Steczo

"The Gentleman has moved for the adoption of Amendment #16 to Senate Bill 1261. On that, is there any discussion? Representative Tom Johnson." Johnson, Tom: "Will the Representative yield?"

Speaker Steczo

"He indicates he will." Johnson, Tom: "Representative, I just need some clarification here. What exactly is this doing? Is this eliminating court action in order to administer certain drugs?"

Dunn

"That is maybe not quite the way I would put it, but that certainly is the result. For those patients who are voluntarily and willing to have certain drugs administered to them, there has been a recent court decision, so I understand, that would require before those are administered, that the department go to court and obtain a ruling and there will literally be hundreds of thousands of those cases. And the department can't afford those time delaying procedures, the courts are clogged now and the courts could not tolerate that congestion and also then, you have a patient who needs medication and is unable to have it administered. So, this will relieve all those burdens and it has been double checked on both sides of the aisle and is agreed upon by the department on both sides of the aisle." 43 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 164th Legislative Day Johnson, Tom: "So, as I understand it, the only change here is where it occurs to a non-objecting recipient. Not where the recipient is objecting, is that correct?"

Dunn

"If the recipients rejects, that's an altogether different matter. This Amendment..." Johnson, Tom: "That stays the same, you would still need a court order, correct?"

Dunn

"That is right." Johnson, Tom: "This only applies to where the recipient does not object."

Dunn

"If the recipient does not object or the guardian on behalf of the recipient does not object, then this would kick in. That's correct." Johnson, Tom: "Thank you."

Speaker Steczo

"Any further discussion? Representative Krause."

Krause

"Thank you, Mr. Speaker. I rise in support of the Amendment. It is a needed Amendment and for the department as well as, I think, it does go a long way of providing here that the guardian is authorized to do this, which I think is more appropriate than for to have to consistently present it to the court, and I urge support for the Amendment."

Speaker Steczo

"Is there any further discussion? There being none, the question is, 'Shall the Amendment be adopted?' All those in favor will signify by saying 'aye'; those opposed by saying 'no', the 'ayes' have it, and the Amendment is adopted. Mr. Clerk, any further Amendments?"

Clerk Rossi

"No further Amendments."

Speaker Steczo

"Representative Dunn."

Dunn

"Mr. Speaker, in order for the Bill to be in order, I would now request that Amendments #1, 2, 3 and 4 be tabled."

Speaker Steczo

"The Gentleman has moved that Amendments #1, 2, 3 44 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 and 4 to Senate Bill 1261 be tabled. Is there any objection? All those in favor or the tabling of the Amendments...Representative Wennlund. Yes."

Wennlund

"Could you tell us what...whose Amendments...who are the Sponsors of those Amendments?"

Speaker Steczo

"Mr. Clerk."

Wennlund

"Before we start the tabling Motion."

Speaker Steczo

"Representative Dunn."

Dunn

"By way of clarification for the Gentleman who is inquiring, the Amendment which is adopted actually voids these Amendments. This is bookkeeping to send this to the Senate. There is no controversy about this at this time, I'm sure."

Wennlund

"I've been informed by staff already. Thank you."

Speaker Steczo

"All those in favor of the Motion to table Amendments #1, 2, 3 and 4 will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it, and Amendments #1, 2, 3 and 4 to Senate Bill 1261 are tabled. Mr. Clerk, any further Amendments?"

Clerk Rossi

"No further Amendments."

Speaker Steczo

"Third Reading. Representative Shirley Jones, for what purpose do you seek recognition?" Jones, S.: "Ease until 2:00?"

Speaker Steczo

"I'm sorry." Jones, S.: "Are we at ease until two?"

Speaker Steczo

"No ma'am, we're about prepared to do some other business very, very shortly. Representative Persico, did you seek recognition?"

Speaker Giglio

"Representative Brady, are you seeking recognition? On page 46 of the Calendar, Senate Bills Second Reading, appears Senate Bill 1279. Read the Bill, Mr. Clerk." 45 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994

Clerk Rossi

"Senate Bill 1279 has been read a second time previously. Amendment #1 was adopted in Committee. No Motions are filed. Floor Amendment #2, offered by Representative Maureen Murphy."

Speaker Giglio

"Representative Murphy." Murphy, Maureen: "Isn't this Amendment 4?"

Speaker Giglio

"Mr. Clerk." Murphy, Maureen: "Is it Amendment 2?"

Clerk Rossi

"It's Floor Amendment #2." Murphy, Maureen: "Thank you. I'll withdraw this Amendment."

Speaker Giglio

"Withdraw Amendment #2. Further Amendments?"

Clerk Rossi

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

Speaker Giglio

"Representative Salvi. Withdraw Amendment #3. Further Amendments?"

Clerk Rossi

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

Speaker Giglio

"Representative Rutherford. Withdraw Amendment #4. Further Amendments?"

Clerk Rossi

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

Speaker Giglio

"Representative Steczo on Amendment #5."

Steczo

"Thank you, Mr. Speaker, Members of the House. Amendment #5 to Senate Bill 1279 is language which includes in it, the Governors Amendatory Veto of Senate Bill 357. As you are all aware, Senate Bill 357 was a Bill that we passed last year, that sought to correct some inequities that this General Assembly caused some local municipalities as a result of TIF reform that we passed a year ago, however, the Governor amendatorily vetoed a portion of that Bill as we passed it last summer. The Amendatory Veto was held in non-compliance here in the House. So as an attempt to try 46 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 to correct these inequities from these municipalities, Amendment #5 is offered. It contains the language as amended by the Governor. I would answer any questions, and otherwise would ask for the the approval of the House of Amendment #5."

Speaker Giglio

"The Gentleman from Vermilion, Representative Black."

Black

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

Speaker Giglio

"He indicates he will."

Black

"Representative, there is nothing in your Amendment, to be very honest with you, I don't have a copy, but I remember the discussion. There is nothing in your Amendment that would impact a TIF district that is already established and, in fact, in operation, is that correct?"

Steczo

"That is correct."

Black

"The only impact would be on those cities who are contemplating a tax increment financing district, is that right, or are in the initial stages of implementation?"

Steczo

"And in fact, Representative Black, the Governor took some of that language out."

Black

"Okay. So it has absolutely no imp...two cities in my district that were very concerned about this, and I don't have a copy of the Amendment that I have been able to send to them, and their concern was simply, their TIF districts have been running for three, four, five, six years and they were very skittish that this might have some negative impact on their operation. Does nothing of that sort?"

Steczo

"It does not."

Black

"All right, thank you."

Speaker Giglio

"The Gentleman from Cook, Representative Balthis." 47 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994

Balthis

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

Speaker Giglio

"He indicates he will."

Balthis

"Representative, as I understand it, this is merely correcting an error that was made for districts that already had a public hearing and were underway for projects and this allowed them the time to conclude that project?"

Steczo

"It helps correct, Representative Balthis, some of those problems that were caused when the Legislature passed Senate Bill 1043 in 1992, or 1993, I'm sorry, but the Governors Amendments changed that somewhat by deleting some of the language that we had intended to help, some of those municipalities that had begun the process. There are negotiations ongoing now to try and resolve that issue, but for those it does affect, and this Bill does affect, yes, it will help them, and help alleviate the problems that were created by the initial reform legislation that we passed."

Balthis

"Thank you. I rise in support of the Amendment. It is a good faith effort to try to correct a problem that we created. I would urge an 'aye' vote."

Speaker Giglio

"Representative Saltsman."

Saltsman

"Yes, thank you, Mr. Speaker. My answers were explained by the previous Speaker, so I'm satisfied with the remarks, and I also encourage its passage."

Speaker Giglio

"Representative Steczo to close."

Steczo

"Thank you, Mr. Speaker. I believe that the discussion has explained the Amendment adequately, and we just move for its adoption."

Speaker Giglio

"All those in favor of the Amendment, signify by saying 'aye'; opposed, 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Further Amendments?" 48 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994

Clerk Rossi

"No further Amendments."

Speaker Giglio

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

Clerk Rossi

"Senate Bill 1279, a Bill for an Act in relation to truth and taxation. Third Reading of this Senate Bill."

Speaker Giglio

"The Gentleman from Cook, Representative Dart."

Dart

"Thank you, Mr. Speaker. Representative Steczo is going to handle this Bill for me."

Speaker Giglio

"Representative Steczo."

Steczo

"Thank you, Mr. Speaker, Members of the House. I think the debate was adequately handled as per the Amendment which, I believe, is the only provision in the Bill. Just to reiterate that it does correct a problem from municipalities that we created, that we try to...try to reform TIF districts. I ask for the favorable consideration for the passage of the Bill."

Speaker Giglio

"The question is, 'Shall Senate Bill 1279 pass?' All those in favor...excuse me. Representative Black."

Black

"Thank you very much, Mr. Speaker. I just got off the phone. Will the Sponsor be willing to yield for one question?"

Speaker Giglio

"Representative Steczo."

Steczo

"Yes."

Black

"Thank you. Representative Steczo, as I...as I understand it, Amendment 5 becomes the Bill. For clarification for one of my city officials, was there anything in the underlying Bill that had something to do with a change in the truth and taxation hearing law or tax notification law or something of that sort? I don't know either."

Steczo

"Mr. Black, I will yield to Representative Dart whose Bill it is. Perhaps he might be able to relay that information to you."

Black

"Okay." 49 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day

Dart

"Representative Black, I believe December 1, 1994 we've deleted the Black: Dart: underlying Bill with the Amendment, but the original underlying Bill did deal with truth and taxation and the 'tax week', but that has been deleted." "So, it has nothing then...was there something... But there was something in the original Bill regarding a change in the truth and taxation notice or hearing process?" "Excuse me. I'm sorry. You know, if I could have leave of the Chair to move this back to second to table the previous Amendment, it might be helpful."

Black

"Okay. Maybe that is...I think that would be..."

Dart

"I'll send it over to the Senate a little cleaner."

Black

"I think that would be most helpful. Thank you."

Dart

"Mr. Speaker, I move that we take Senate Bill 1279 back to Second Reading for purpose of tabling."

Speaker Giglio

"Does the Gentleman have leave? Hearing none, leave is granted. The Bill is on the Order of Second. Representative Steczo."

Steczo

"Mr. Speaker, I move that Amendment #1 be tabled."

Speaker Giglio

"Any discussion? Hearing none, table Amendment Steczo: #1. Third Reading. Representative Steczo." "Mr. Speaker, the Bill has been read a third time."

Speaker Giglio

"Yes, the Bill has been read a third time."

Steczo

"In response to Mr. Black's question, Mr. Black, even though now the Bill...the Amendment, Amendment #5, deleted everything after the enacting clause. Now, there is no question that there is nothing in there other than this language. And, Mr. Speaker, I'd either answer any questions or ask for passage of the Bill and your favorable support."

Speaker Giglio

"Any discussion? The Gentleman from Cook, Representative Morrow." 50 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994

Morrow

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

Speaker Giglio

"He indicates he will."

Morrow

"Representative Steczo, just for a point of clarification, I haven't had a chance to look at Amendment #35. Amendment #35 doesn't deal with any TIF district or waste incinerators or anything like that?"

Steczo

"It has nothing to do with any TIF district for any incinerator or for...that impacts that Village of Robbins."

Morrow

"All right, thank you."

Speaker Giglio

"Representative Black."

Black

"Thank you very much, Mr. Speaker. I appreciate the indulgence of the Chair and the Sponsors. I think by tabling the Amendment, the Amendment #5 now becomes the Bill. I think some of you are going to get some phone calls asking the same question. Because of the action of the Sponsor and Representative Dart and the indulgence of the Chair, I think you can now answer those questions in a positive way and I appreciate your indulgence."

Speaker Giglio

"I hope you remember that next Session, Representative Black."

Black

"At the appropriate time, I intend to be fair. I can't tell you what time that will be, however."

Speaker Giglio

"Would you let me know so I can be here? Hearing no further discussion, all those in favor of Senate Bill 1279 signify by voting 'aye'; opposed, 'no'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question, 113...yes." Johnson, Tom: "...'aye'."

Speaker Giglio

"Representative Johnson is voting as 'aye'. Have all voted? Take the record, Mr. Clerk. On this question, 51 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 there are 114 voting 'aye', 0 voting 'no', 1 voting 'present'. Senate Bill 1279, having received the required Constitutional Majority, is hereby declared passed. Representative Dunn, Senate Bill 12...1261. Mr. Clerk, read the Bill."

Clerk Rossi

"Senate Bill 1261, a Bill for an Act amending the Illinois Public Aid Code. Third Reading of this Senate Bill."

Speaker Giglio

"The Gentleman from Macon, Representative Dunn."

Dunn

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This is the same Bill we discussed in Amendment form a few moments ago. The Amendment becomes the Bill and at this time, I would move for passage of Senate Bill 1261 and this is what I want from all the Members on this Bill."

Speaker Giglio

"Any discussion? Hearing none, the question is, 'Shall Senate Bill 1261 pass?' All those in favor signify by voting 'aye'; opposed, 'no'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question, there are 116 voting 'yes', 0 voting 'no' and Senate Bill 1261, having received the required Constitutional Majority, is hereby declared passed."

Speaker Steczo

"Page 47 of the Calendar under the Order of Senate Bill, Second Reading, appears Senate Bill 1579. Mr. Clerk, what is the status of the Bill?"

Clerk Rossi

"Senate Bill 1579 has been read a second time previously. No Amendments have been adopted in committee. Floor Amendment #1, offered by Representative Skinner."

Speaker Steczo

"Representative Skinner, Amendment #1. The Gentleman with...the Gentleman withdraws Amendment #1. Mr. Clerk, any further Amendments?" 52 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994

Clerk Rossi

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

Speaker Steczo

"Representative Skinner, Amendment #2. The Gentleman withdraws Amendment #2. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"Representative Skinner, Amendment #3. Representative Skinner. The Gentleman withdraws Amendment #3. Mr. Clerk, any further?"

Clerk Rossi

"Floor Amendment #4, offered by Representative Maureen Murphy."

Speaker Steczo

"Representative Maureen Murphy on Amendment #4." Murphy, M.: "Thank you, Mr. Speaker, Ladies and Gentlemen. Amendment #4 finally gets to the root cause of the terrible crime and sin of child abuse. What this would begin is a study to get into the root cause of that which causes child abuse instead of just spending more money trying to patch families together that are very dysfunctional. Some of the root causes that we really need to look into and to address, is about the single, separated, divorced parent, that dysfunctional family, that perhaps there is something we can do to help solidify the background of that family, something as simple as parental unemployment or lack of permanent housing. In my own district, there is a young women struggling to keep her four children, going from housing to housing with DCFS threatening to remove her children. This is happening right in Oaklawn, Illinois and to suggest that the lack of permanent housing does not add to the stress of a parent and a potential for child abuse, is less than reasonable. Lack of sufficient contacts in the case of an emergency, when a child needs help and needs 53 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 to be helped, who is there to call? What kind of contacts are there within the family? Lack of prenatal care or no prenatal care, particularly in the first twelve weeks of pregnancy. If there is no prenatal care, how would we be able to go after the drug abusive parent, a parent who abuses drugs and carries that child to term is certainly at risk to being an abusive parent. This healthy family's initiative will certainly help in getting to the root cause of child abuse. Not just spending more money, but in saying, how can we best spend this money in the interest of our children. I urge at this time that you consider favorably Amendment #4. It's not about giving more money, keeping dysfunctional families together. It's about going after the root cause of that which causes child abuse when mothers are helping to kill their children, when a mother, while be it from another state, can drive her children in a car, to a lake and watch them drown, struggling. This is a serious matter that merits attention not next year, not wait Maureen, until 1995. This is something for those of you that are Members of the Eighty-eighth General Assembly, that we can finally look at the root cause. How many times do we have to see kids being tossed out of windows? And what about the kids that are burned while...by abusive live-ins of moms as their mothers watch? We need to get to the root cause, not just spending more money, but getting to causes that we can do something about; lack of education, lack of a GED diploma by the parent, substance abuse. If we can't get at the substance abuse of the parent, how can we get at the child abuse behind closed doors? I urge you to all, be familiar with this Amendment. Please, give it your do consideration. I already know, I've been told about the objection with the time lines, but 54 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 the repeal date of this is July 1, 1995. So, a study could be incorporated and a good study be gone SO that recommendations getting to the root cause of child abuse can finally be implemented. That is what we can do in 1995, implement the findings of the study that the Eighty-eight General Assembly began. Please, before Christmas, do something for the children of the State of Illinois and approve Amendment #4. Thank you."

Speaker Steczo

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

Currie

"Thank you, Speaker, Members of the House. I rise in opposition to the Amendment. This was an item that came up last Spring and is something that might have, at that point, been a worthy subject for discussion and debate. Instead, the Legislature adopted a different approach to solve the same kind of problem Representative Murphy is concerned about. You will note that in her Amendment, that study that she sets up would have to make a report by January 10, 1995, a mere six weeks from today. So while her motives, I'm sure are the finest, I think the Amendment that she offers us is out of date, is duplicative of legislation that already has been enacted into law and I would urge the defeat of Amendment 4 on Senate Bill 1579."

Speaker Steczo

"Is there any further discussion? There being none, the question is... Representative Wennlund."

Wennlund

"Thank you, Mr. Speaker. I'm joined by four of my other colleagues in asking for a record vote on this Amendment."

Speaker Steczo

"Representative Davis, for what purpose do you Davis: seek recognition?" "Well, Amendment #4, this is very important, ask for a 55 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 report of a study to be given to the General Assembly before or on January 10, 1995. Now, how do you, from December 1st to January 10, get all this information gathered, get this information printed and get it to the General Assembly? I think this issue is significant and important enough for us to allow time for the study to take place. There should be no two-week study and then two weeks to write it up and then giving it to the General Assembly. This issue deserves time for the study to take place and a proper report be given to this Body. Therefore, I urge a tabling or withdrawing of Amendment #4."

Speaker Steczo

"Representative Cowlishaw."

Cowlishaw

"Thank you, Mr. Speaker, an inquiry of the Chair. The Chair was occupied in conversation, apparently with someone else there, at the time that Representative Wennlund stood and said, we ask for a Roll Call Vote and he said he was joined by at least four of his colleagues. The Chair was not looking this way. Will all of those who would like to have a Roll Call Vote, please join Representative Wennlund so that we can affirm that we do get a Roll Call Vote. Thank you, Mr. Speaker."

Speaker Steczo

"Representative Ronen."

Ronen

"Speaker, will you please take this Bill off the record, please?"

Speaker Steczo

"The Lady asks the Bill be taken from the record. Page 52 of the Calendar, appears under the Order of Motions, appears a Motion with relation to Senate Joint Resolution 152. The Chair recognizes Representative Flowers."

Flowers

"Mr. Speaker, Ladies and Gentlemen of the House, I move to discharge from committee, Senate Joint Resolution 152, 56 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day from any further consideration and immediately." December 1, 1994 for it to be heard,

Speaker Steczo

"The Lady moves pursuant to Rule 77(a) to discharge the committee on executive from further consideration of Senate Joint Resolution 152 and advance the Resolution to the order of the Speaker's Table. On that, is there any discussion? There being none, the question is, 'Shall the Executive Committee be discharged?' All those in favor will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it and the Motion is adopted. The Chair recognizes Representative Flowers on the order...on Senate Joint Resolution 152."

Flowers

"Mr. Speaker, Ladies and Gentlemen of the House, I would move for the adoption of Senate...the passage of Senate Resolution 152, and it deals with the legislative working group on inter city crime. And there, we're trying to create a summit to address the crime in the City of Chicago and I would urge for the passage of this Resolution. I would be more than happy to answer any questions."

Speaker Steczo

"The Lady has moved for the passage of Senate...for the adoption of Senate Joint Resolution 152. On that, is there any discussion? There being none, the question is, 'Shall the Amendment...shall the Resolution be adopted?' All those in favor will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it and the Resolution is adopted. Is there leave for the Attendance Roll Call? There being no objection, leave is granted and Senate Joint Resolution 152 is adopted by way of the Attendance Roll Call. Supplemental Calendar #1, under the order of Conference Committee Reports, appears Senate Bill 881. The Chair recognizes Representative Art Turner. Representative Turner." 57 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994

Turner

"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. The hour has finally come. It took a long time, but we have made it. I present to you today, Senate Bill 881. It is the...one of the educational Bills of the...of this Session. It encompasses about nine different Bills and I will briefly try to cover as many as I can in as short a period as I can. There are two Bills that are not in this legislation and I think that's the reason that we're now debating it in the ninety-ninth hour, Bills that I was very supportive of and one is, it deals with the bilingual education, a Bill that passed out of here, both the House and the Senate. And the other one deals with the energy and conservation for the Chicago Board of Education regarding LSC and their ability to help deal with energy conservation and the moneys that it could bring back to those various schools. I regretfully admit that at this time, that legislation is not in this Bill. There's been a commitment to deal with the bilingual legislation in the Spring of this year, and we will hope that we will have that support from each and every one of you regarding that particular issue. But the subject matters that are in this particular Bill are one, House Bill 2952, which passed out of this chamber 112 to 0 and as a Bill that would help my good friend, Representative Monroe Flinn, and it may be...and may very well be his last Bill of the...his legislative career. But this is an initiative for the Belleville area community college and what it does is, it says that by the year 2001, that it will elect its board by subdistricts rather than at large. And this reapportionment shall be approved by a majority of the board members by the year 2001, and the districts will be divided in two groups, where members will serve four and 58 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 six year terms. The next Bill is House Bill 3164. It was a Bill introduced by Representative Burke, it passed out of this chamber 116 to zip and what it does is two things, it provides that the local school counsels are authorized to side a principal to a four year performance contract to fill the vacancy. As you know, when there is a vacancy in LSC now, this allows them to be able to hire a principal for the four year piece. The next Bill...the next part of that Bill is, it provides the principals to utilize proper resources of law enforcement when safety and welfare of student teachers are threatened by the illegal use of guns and weapons. The next part of that Bill is House Bill 3191, which is a Bill that I sponsored. And what it does is, it has a lot of initiative regarding Chicago school reform. What it does is, it provides local school counsel elections on report card pickup day in the Spring..."

Speaker Steczo

"Representative Turner, could you...can I interrupt you for just a moment? Mr. Black, for what purpose do you seek recognition?"

Black

"Yes, thank you very much, Mr. Speaker. I believe the Sponsor indicated that this was probably Monroe Flinn's last Bill. I think it is only appropriate that I move the previous question."

Speaker Steczo

"Mr. Black, we'll take that Motion and hold it in bands for just a moment while Mr. Turner finishes explaining the Bill."

Turner

"No? Why I think it's fair? Because there is some things in here that help my downstate colleagues and I want them to know that I was extremely concerned and committed to try and help them and some of the things that are necessary. One of them is Representative McGuire, who needed some things to help the Manhatten school district 59 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 and allows them to provide some additional funds to build a junior...a new junior high school and this district is located in Will County. So, for my friends from Will County, we want you to know that we do think about you and we're certainly support your adventure. Representative (Senator) Sieben and Representative Wirsing, there's a couple of things in this Bill for them...in this legislation for them. It deals with school boards and their relationships and the issuance of bonds. It talks about how those bonds will be repaid and what the responsibilities of the districts are in case of default. And this is for local county only and it effects Granberg and von Bergen Wessels and who else is that...yea, von Bergen Wessels, it takes care of it, absolutely. And we want her to know that we certainly help her and wish her well in terms of the things that she's doing for her district and look forward to her coming back here. This...there's another clause in this Bill that helps my good friend, Hannig and Senator Demuzio and it helps their school district from the Witt school district and the Hillsboro school district. It is the same thing in terms of a reorganization incentives that were amended in Public Act 88-555. The State Board of Education supports this initiative and we also included that in this legislation. There is legislation in here to help my friends from Bureau County, von Bergen Wessels again. There is legislation in here that helps my good friend, Representative Larry Woolard, and it allows that the existing school boards can levy a new rate approved by a referendum, instead of allowing the new school board, regardless of when they elected...when they are elected, to file an Amendment levy to capture the new rate. And that's taken care of...that 60 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 Bill also is supported by the Illinois School Management Alliance. There's legislation in here to help the Education for the Homeless Act and we, at many times, do not want to admit the problem of homelessness in this state. But because of that, it proposes a different problem for children who fall into that category, and there is certain school districts where it becomes a burden on that particular district. And we have outlines in this legislation to deal with children that fit into that category. And the people who benefit or the people who help shape that legislation are the Principals Association, the Illinois Association of School Boards, the South Cook Organization for Public Education, the State Board of Education, the Governor's Office, Legal Services Support Center and the Illinois Coalition to End Homeless. And that, my friend, are those people who have been covered in Senate Bill 881 and I move for the favorable adoption of Senate Bill 881."

Speaker Steczo

"The Gentleman has moved for the adoption of the First Conference Committee Report on Senate Bill 881. On that, is there any discussion? The Chair recognizes Representative Lopez."

Lopez

"Thank you, Mr. Speaker and Members of the General Assembly. As Representative Turner said, there was a bilingual legislation that was included in this Bill, originally. And even though it was taken out, the hispanics or myself, we're in support of this Bill, even though there's a lot of people downstate and in the City of Chicago that are being taken care of with this Bill. One of it is for the use of construction of new schools. Well, we have a big problem in the City of Chicago in the hispanic community where...which has not been addressed as 61 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 the overcrowding of schools. Yes, we expect our children to be educated but we expect them to reform to work, but yet, we have children being taught in kitchens, in lunch rooms, in closets. We have times when it rains or snows, we have children being taken out of their classrooms and taken to the hallways because rain is falling upon them. But yet, no one talks about that. But we have...and we spoken...we got the commitment of the Republican Leadership in the Senate and we've gotten support from the House, even though the Republicans in the House have always been supportive of bilingual education. We have gotten their commitment to next year, help us, to get this Bill passed for bilingual and for the hispanic children in the State of Illinois. So again, we rise in support and urge everyone to vote 'aye'."

Speaker Steczo

"Is there any further discussion? Representative Cowlishaw."

Cowlishaw

"Thank you very much. Mr. Speaker, Ladies and Gentlemen of the House, I rise in support of the Motion to adopt the First Conference Committee Report to Senate Bill 881. The presentation given by Representative Turner was very accurate. I have heard a couple of rumors that somebody thought there was something about the changes that are being made to the Education for the Homeless Act that there was someone who was opposed to those changes. That is not true. Everybody is in accord. There is no element of this Conference Committee Report that in any way is controversial. Every single Member of this Body should vote for this legislation. I might add, there is, in particular, there is an item in here that is of really critical importance in Representative Leitch's district because of a consolidation of schools issue that is all 62 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 agreed to by the participants and the citizens there, but we need this one small change in the statutes for that to happen. And finally, Mr. Speaker, I stand to confirm my commitment to those people who particularly care about the preschool education programs for bilingual students in the City of Chicago's schools. I have always believed that that is a very wise program. Because of various difficulties, that was taken out of this Conference Committee Report. I have given my commitment that when the next Spring Session comes along, I will work with the other Members of this Body on both sides of this aisle. I will be glad to be a Sponsor in whatever order they want to put me, I will do everything that I can to see to it that that bilingual education for preschool children in Chicago becomes an accomplished fact. I thought it was wise for me to stand and publicly acknowledge that that is my commitment. Thank you, Mr. Speaker."

Speaker Steczo

"Is there any further discussion? Representative Davis."

Davis

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

Speaker Steczo

"He indicates he will."

Davis

"Thank you. Representative Turner, is this the Bill that...is part of this Bill one that allows children who are homeless to go to school in the district, if they choose, in which the shelter is located? In other words, let's say that I'm homeless and I'm from Chicago and I find my way to a shelter in Wilmette, does that mean my children can attend that district, Wilmette's school district?"

Turner

"Representative, if that person can find a shelter in Wilmette, I think this legislation does cover them."

Davis

"Okay."

Turner

"Right." 63 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day

Davis

"In other words, I can choose to go whatever district..." to December 1, 1994 the school in

Turner

"That the shelter is located."

Davis

"That the shelter has been... Is that for males as well as females?"

Turner

"Yes, it's just for children."

Davis

"It is, okay. Very good. Does this Bill also state that the Chicago public school children do not have to take an Iowa examination or a national achievement test?"

Turner

"No, Representative, it does not say that. I didn't...no, it does not say that."

Davis

"Well, tell me, what do you mean when you say that the local school counsel can define the local assessment to be used? What are they talking about?"

Turner

"What we do in this legislation is define the powers of the Chicago Board of Education and the powers of the local school counsel and we're just clarifying what..."

Davis

"According to this, it says that the local school counsels may define the local attest...I'm sorry, the local assessment that can be used and that the Chicago students can show significant progress, rather than achieve proficiency. You're saying that the Chicago public school children don't have to achieve proficiency, they just have to show significant progress."

Turner

"Representative, my two children are in the Chicago public schools. And certainly, I want them to do more than just show progress. We do want them to achieve proficiency..."

Davis

"But I'm telling you what your legislation is saying. Your legislation is saying that the Chicago public school children will not have to achieve proficiency levels that are required by the State of Illinois. They will merely 64 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 have to show progress."

Turner

"Representative, that's not the intent. I'd like to show you the language inside of this Bill..."

Davis

"But that will be the result."

Turner

"What you're reading is the analysis and that's not correct on there."

Davis

"But it is correct if it's House Bill 3191 because this is the Bill that died in the Education Committee and it died for two reasons. It died in the Education Committee, Representative, whom I truly respect, but this Bill died in the Education and Secondary Committee because people felt that the assessment of children in Chicago should be similar to that of the assessment of children across this State. We also did not pass this Bill out, Representative, because you want to change the report card pickup day to an election day. There are parents who have children in different schools in Chicago. One child might go to Witney Young on the North Side, whereas another child they have will go farce out to a South Side school. Now, if that parent is in line to vote, in line to talk to a teacher about his or her progress, that parent will not have the opportunity to...they are going to have to make a choice of either vote or talk to the teacher and pick up my child's progress. We, and when I say we, I mean the 25,000 people who elected me, we object. We object to any attempt by any group to remove the requirements from our children that exist for other people's children. We don't want any standards lowered for our children. We want you to help them to achieve those standards of everybody else in the state. Nor do we want our parents, Representative, who..."

Turner

"Representative."

Davis

"...who are going to pick up the report cards of their 65 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 children, to have to stand in line and vote and perhaps miss talking to the teacher of one of their children or two of their children. It is so unfair. We were surprised..."

Turner

"Representative, I think that that..."

Davis

"We were SO surprised when this Bill was brought before the Education Committee and it died."

Turner

"Representative, that Bill passed out of the Education Committee 19 to 1. I was a Sponsor of that legislation..."

Davis

"Not this Bill, not this Bill..."

Turner

"That particular clause passed out of your committee. I sponsored it."

Davis

"...Representative, because one of your people threatened to slap my face."

Turner

"Representative..."

Davis

"Now, wait just a minute, no, just a minute. It is important to the children of the City of Chicago that they are given the same opportunities as everybody else. And this legislation is saying, let's lower the standards of those little black and hispanic children. They don't have to meet proficiency standards, just let those little children show progress. Well, I say it's wrong. I say it's wrong. I have grandchildren in that system and I say it's wrong. Perhaps that is what is wrong today, there is too much of lowering of standards because you don't think that these kids can meet them. Well, I think they can meet them."

Speaker Steczo

"Representative Leitch."

Leitch

"Mr. Speaker and Ladies and Gentlemen of the House, this...this measure is extremely critical for the school consolidation, the consolidation of six school districts, if you can imagine, in Western Bureau County. And as you know how emotional and how difficult, even the 66 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 consolidation of two school districts, can become the fact that this program has so much support. It passed way over 68% of the referendum in each of these school districts that I just want to simply alert the Members to the importance of this Bill and to thank Representative Turner and Representative Cowlishaw and Representative von Bergen Wessels and our colleagues in the Senate for working together so hard at the last minute to make some changes to make some corrections that will permit this important consolidation to go forward. And I too, as Representative Cowlishaw indicated, would like to renew and state for the record, my commitment to Representative Lopez and his associates to work with him on the measure that we all wish were in this Bill. So, thank you very much, again. And I would urge Members on our side to pass this important legislation. Thank you."

Speaker Steczo

"Representative Brunsvold."

Brunsvold

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I just want to say that this issue, this Bill, was in the process since last Spring and we had waivers and bilingual education that became the problem with the Bill. And both sides fought the good fight for their issues. We debated it at length as a conferee on the conference committee. We fought it right to the end, right till today. And let me thank, at this time, the hispanic caucus Members for looking at the bigger picture, if you will, and allowing a Bill to pass that is going to help a lot of kids in this state. So, I want to officially thank the hispanic Members of the caucus for seeing the good that this Bill is going to do and not dig...everybody dig in their heels in in stopping the whole process. So, I would ask for your 'aye' vote on Senate Bill 881." 67 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day

Speaker Steczo

"Representative Martinez." December 1, 1994

Martinez

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I stand in support of this measure mainly because it contains several good provisions to improve Chicago schools, specifically in the area of an increase in parental involvement in the local school counsels. I stand in support with a sadness that this Bill, at one time, had three school bilingual education. I now see that it's been omitted. That's unfortunate that thousands of children who stand to benefit from preschool bilingual education are going to be the real losers. But I'm very pleased to hear Representative Cowlishaw in her commitment and I look forward to next year that...that next year we will address that shortcoming. Preschool bilingual education has been an effective tool in teaching the English language. So, instead of eliminating, it should have been expanded. At any rate, due to the other good points in the Bill, I stand in total support of it and I urge its adoption. Thank you."

Speaker Steczo

"Is there any further discussion? Representative Black."

Black

"Yes, thank you very much, Mr. Speaker. In as much, as I've tried to do this thirty minutes ago, an indifference to my friend and colleague, the retiring, yet outgoing, yet very personable, Representative Monroe Flinn, this Bill has been debated to death. I now move the previous question."

Speaker Steczo

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

Turner

"Thank you, Mr. Speaker, I just ask for everyone's 68 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 favorable support of this legislation. Thank you."

Speaker Steczo

"The Gentleman has moved for the adoption of the First Conference Committee Report on Senate Bill 881. All those in favor will signify by voting 'aye'; those opposed by voting 'no', the voting is open. Have all voted who wish? Have all voted who wish? The Chair recognizes Representative Currie. The Lady does not seek recognition. Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 114 voting 'yes', 1 voting 'no', 0 voting 'present'. And the House does adopt the First Conference Committee Report on Senate Bill 881, and this Bill having received the required Constitutional Majority, is hereby declared passed. On the Order of Conference Committee Reports, appears the First Conference Committee Report on Senate Bill 1153. The Chair recognizes Representative Dart."

Dart

"Thank you, Mr. Speaker, Members of the House. Senate Bill 1153 is the Safe Neighborhoods Bill which we have debated long and hard here on numerous occasion, at least probably about ten times. The First Conference Committee represents a compromise yhat has been reached between the numerous parties concerned with this Bill. It contains quite a few of the original provisions of the Bill, in addition to which it has some provisions which were not in the original Bill. The long and short of this Bill is that it has provisions which are attempting to go after the main problems we're having on our streets these days. It's going after gangs, drugs and guns, namely. I come from a district on the southside of the city where people are afraid to go out of their houses these days. There is bars on most people's windows and on their front doors. And when children are getting ready to leave school, areas in 69 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 my district, they are quite often prevented from going home, not because of the fact that their bus is late, but because there's too much guns being shot outside and the police can't control the gangs, so the kids can't go home, yet. This is a major step toward trying to deal with that. This would give the police some additional powers. It would give the community some additional powers by steering some of these people back into the community in regards to some community service programs. In addition to this, this Bill also contains provisions dealing with secured care facilities, which is an attempt on our part, to bring some of the Illinois children who we are shuffling off to other states, back to the State of Illinois. It's an attempt to at least put a dent in that. Right now we have over 700 children scattered throughout the United States who are our children, not their children. But we do not have the proper facilities or the laws which allow them to be cared for in this state. Under this Bill, we would now have that ability in a small way to at least begin bringing some of the children back into this state. It is something that has been talked about and debated and for that reason, I am not going on any further. But I'd be happy to answer any questions."

Speaker Steczo

"The Gentleman has moved for the adoption of the First Conference Committee Report on Senate Bill 1153. On that, is there any discussion? The Chair recognizes Representative Currie."

Currie

"Thank you, Speaker and Members of the House. I rise in reluctant opposition to this First Conference Committee Report on Senate Bill 1153. There is no question that we need to find ways to decrease violence, particularly violence among our young people. I am afraid, however, 70 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 that the provisions we are asked to support in this measure are not going to achieve that very laudable goal. Let's take first, the issue of secure facilities for children between the ages of 10 and 13. There is no required second reporting of careful monitoring of a child who is so incarcerated under the terms of this Bill while the thirty day periods would be...require a return to court for continuation. There is nothing here that says that mental health services or counseling services will be provided, nor is there anything that says that a child will be placed in the least restrictive environment. The Department of Corrections, under this measure, will have opportunity to transfer these youngsters between the ages of 10 and 13 to whatever facility suits their...suits their purposes. I don't think that children belong in the punitive agency that is our Department of Corrections, I think they belong under the purview of the Department of Children and Family Services. I am concerned that tossing 10 year olds into detention centers with hardened 17 and 18 year olds is only one way to secure the likelihood that those children will be encouragable, will be in trouble for the rest of their lives. With respect to the other portion of the Bill, the so-called Safe Neighborhood Bill, I have very serious reservations about the increasing enthusiasm for transferring youngsters from juvenile to adult court. We've been doing that in this legislature over the last ten years and I haven't seen any reduction in the violent nature of juvenile crime because we have done so. Study after study across this country says that these automatic and discretionary transfer provisions do not lead to less violent crime among youth. What they do lead to is more recidivism among our youthful offenders. The 'Solidy' 71 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 Commission which we hired some time ago to give us some hints about how we might help improve our juvenile court procedures and our juvenile justice system, generally asked us specifically, not to decide to add more youngsters to the automatic transfer provision. We need to find out whether we are on the right track in dealing with serious crimes committed by juveniles, said the 'Solidy' Commission. I think we've tried, get tough. I think it's time for us to get smart and I think that the sounder vote on this Conference Committee Report is a 'no'."

Speaker Steczo

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

Pugh

"Yes, Mr. Speaker, will the Sponsor yield for a question?"

Speaker Steczo

"He indicates he will."

Pugh

"Representative Dart, is this Safe Neighborhoods Bill the culmination of the Democratic Crime Bill or the Republican Crime Bill?"

Dart

"This is the Safe Neighborhoods Bill."

Pugh

"Does it include the Bills that made up the Democratic...I mean, when we were first debating the Crime Bills, we had a Democratic Crime Bill and we had a Republican Crime Bill. Now, is this the culmination of the Democratic Crime Bill or the Republican Crime Bill?"

Dart

"As I said before, this is the Safe Neighborhoods Bill, which we worked on long and hard with people. It has provisions..."

Pugh

"Are the ingredients of this Bill..."

Dart

"Well, now, let me finish. Let me finish. It has provisions of, that were always in this Bill. As a matter of fact, the only ones that have been really taken out are ones that were mirrored by Republican Bills. So, I mean, I guess your point is, Democrat or Republican... I guess 72 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 some of the provisions were in it were taken out at this time because they were provisions that were already passed as Republican Bills."

Pugh

"So, the Bill is a culmination of Democratic Bills and Republican Bills." コ

Dart

"Well, not really culmination because they are not really adding anything, they are more...taking stuff out."

Pugh

"So, it took out some of the Democratic Crime Bills and took out some of the Republican Crime Bills. So, the Bill is a culmination of some of the Democratic Crime Bills and some of the Republican Crime Bills. Is that right?"

Dart

"Well, you were right at the beginning there and then you lost me. I mean, it's pulled out provisions because they were duplicative of Bills that were similar to Republican Bills which we passed two weeks ago. I mean this is... Otherwise, the stuff that's in it is the stuff that has been in the Safe Neighborhood's from almost a year ago now. The only additional provision that is different is the secured care provision, that's the only different provision."

Pugh

"Okay. Representative, this Bill would create the Safe Neighborhoods Law and would allow private individuals to run what is called, the secured care facilities that would house juvenile offenders 10 years old of age, right?"

Dart

"The initial ones will be operated by the Department of Corrections and then they are going to be contracted out after the initial ones to private agencies such as, 'Adda McKenley' or Catholic Charities, whoever."

Pugh

"So we are, in essence, on the verge of privatising the correctional industry?"

Dart

"No, no, actually not at all. As a matter of fact, I've talked with AFSCME about this and I told them I'd make it 73 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 clear that this, in no way, exempts the private...the Prison Privatisation Moratorium Act, that this deals particularly and only with secure residential youth care facilities. So, that...with that clear, there is not a problem with that because that is something that I'm opposed to and have been."

Pugh

"Who determines which of these offenders are going to be wards of the secured care facilities?"

Dart

"The only ones that will be eligible for this will be people who are children, children who are wards of the state already, who are delinquent wards. So you are not talking about the children who are...the ones that are acted on, you're talking about the actors, the ones who have been a judged delinquent and they are wards of the state. There will then be a determination made after the Department of Children and Family Services says that they do not have the ability to house these children, to take care of these children. And then they will go before the judge to determine..."

Pugh

"Who?"

Dart

"A judge."

Pugh

"The judge makes the decision."

Speaker Steczo

"Representative Pugh, can the Chair...can the Chair interrupt for just a moment? The Chair has been asked to request that all unauthorized persons please remove themselves from the House Floor, all unauthorized persons, please remove themselves from the House Floor. Representative Pugh, please continue."

Pugh

"The legislation, as I've read it; states that the Interagency Review Committee would be responsible, Representative Dart."

Dart

"Pardon me? The interagency group?" 74 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994

Pugh

"Review Committee. What role would they have in determining whether or not these youths would be residents at this secured care facility?"

Dart

"They would review the child. They would review whether or not this is a child who is appropriate for this and they would make a recommendation then. Then, all this goes in front of a judge then. The judge then makes the determination if this is thing to do or not."

Pugh

"So, they make their determination subsequent to going before the judge or prior to?"

Dart

"Yeah, the commission is prior to the judge, making the determination."

Pugh

"So, the process is that a youth is picked up by the police?"

Dart

"Correct."

Pugh

"He's adjudicated?"

Dart

"Correct."

Pugh

"Then he will go in front of the judge, the judge will determine whether or not he should become a resident of the secured care facility?"

Dart

"Pretty close. I mean, it would be...the child would come forward after the arrest, in front of the judge, adjudicated delinquency for murder or say for armed robbery, take your pick. And the DCFS and DOC and this agency would then look and say, do we have a setting for this child where we can put this child, a setting where this child can fit in."

Pugh

"You say DCFS or Department of Corrections."

Dart

"No, they work together. They are all on this interagency thing. They work together to decide whether or not there is a proper setting for this child. Then they go in front of the judge and the judge will say, this is the best thing 75 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 to do or not the best thing to do."

Pugh

"At what point does the certification for confinement come into place?"

Dart

"Pardon me? I'm sorry."

Pugh

"The certification for confinement, when does the youth receive the certification for confinement?"

Dart

"That would occur after the determination by the court. If that's what they want to do with the youth, if they want to put the youth in confinement, that is when it would occur. And see, right now, the present law allows all of this, it just does not require this interagency agreement. Right now, there is always these transfer provisions for sending a child to a juvenile facility, that is already in existence. We aren't changing that."

Pugh

"And once they...once they receive...once they are transferred to a secured care facility, what kind of care are they receiving to secure that they don't return or don't become recidivists?"

Dart

"Sure. They are going to have, from my discussions with DCFS..."

Speaker Steczo

"I'm sorry, Representative Dart. The five minutes on the questioning has expired. Please, provide your answer. Then we are going to move on to another individual. Representative Pugh, for what purpose do you seek recognition?"

Pugh

"Mr. Speaker, I think that this issue demands more than five minutes. When you are talking about a crime Bill that is the culmination of the interest of the Democratic and Republican party. I think that we...this Bill demands more than a five minute review if it's going to effect the livelihood of residents and particularly, my community."

Speaker Steczo

"Mr. Pugh, Representative Pugh, there are a 76 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 number of individuals that are seeking recognition. The rules provide each Member five minutes to either make a statement or answer a question. So that five minutes has expired. Other people are waiting for recognition so they can answer questions or comment on the content of this legislation as well."

Pugh

"I under...I understand that, Mr. Speaker. All I'm asking is due consideration and I am understanding that, or I have seen other...I have seen..."

Speaker Steczo

"Representative Davis."

Davis

"Excuse me. I just want to say, last time, I was opposed to this legislation but we have certainly got to stop this crime and I'm going to support it. However, the Gentleman is welcome to take my five minutes."

Speaker Steczo

"The Lady yields her five minutes to Representative Pugh, please proceed."

Pugh

"Representative."

Dart

"Yes, Sir."

Pugh

"This Bill that we are currently..."

Speaker Steczo

"Mr....Representative Pugh, before you do that, please...please just let the Chair announce one more time that all unauthorized individuals should please, remove themselves from the House Floor, otherwise we will have the Doorkeeper escort you out of the chamber. Mr. Doorkeeper. Mr. Pugh, proceed."

Pugh

"Representative Dart, is it correct that this Bill is not the same Bill that we voted on last week? Is this not the same Bill that Mayor Daley brought down sixty-three bus loads of individuals to vote on?"

Dart

"It's very similar, but it is not exactly the same."

Pugh

"What...what are the basic, the major differences?"

Dart

"Well, the major differences were different areas that were 77 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 pulled out of the Bill that had been passed by prior legislation that we did two weeks ago. There was additional provisions that were pulled out as well that people did not come to an agreement on. One of them dealt with multiple transfers of guns where we set up a staggered graduated system of dealing with transferring, illegally transferring guns. There was another provision that dealt with clean slate provision for juveniles. Basically, the juvenile...the juveniles rap sheet is thrown up, ripped up, whatever, when they turn seventeen. And we had provisions in there which said that, if a juvenile commits a murder or a rape and then when they reach seventeen or eighteen, they do it again, the prior rape or murder could be used in aggravation and State's Attorney O'Malley had problems with that, so that was pulled out."

Pugh

"Is the...the death penalty provision still included in the Bill? Is the death penalty..."

Dart

"No, no, no, no, that part has been pulled out."

Pugh

"To the Bill, Mr. Speaker."

Speaker Steczo

"Please, proceed, Representative Pugh."

Pugh

"When...when you take into consideration that no studies, no statistical evidence, reflects that stricter juvenile laws has served to deter crime. When you take into account the fact that...the Department of Corrections, which was initially designed to rehabilitate and to return individuals back to the community, is not doing that. When you take into account that the emancipation of minors is being taken away from the discretion of judges, from the discretion of parents, from the discretions of the Department of Children and Family Services, and given to a Department of Corrections which is in the business of housing inmates, you have to take into account the 78 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 Thirteenth Amendment to the Constitution, which provided the only relief for Africans relative to slavery. The Thirteenth Amendment states that an individual would not be subjected to slavery if and unless he was incarcerated in a prison. We are on the verge of privatising prisons which would retract or amend, once again, the Thirteenth Amendment to the Constitution and would make it legal to allow slavery to continue in America. I submit to you that the Department of Corrections is in the business of creating jobs for every three inmates that are sent to the Department of Corrections, one new job is created in the Department of Corrections. How long, how long are we going to ask the question, can we all get along? How long, how long are we going to be commodities subjected to the economies of this great country that was built on the blood of our ancestors? I submit to you that this Bill, at one point, was a nose choking Bill. I had to hold my nose to vote for it, I have nothing else to hold. Therefore, I submit that this Bill should not be passed and that any individual with any moral substance..."

Speaker Steczo

"Representative Pugh, please bring your remarks to a close."

Pugh

"I yield my minute to Representative Davis."

Speaker Steczo

"Representative Pugh, no. No, your time had expired. We were just allowing you a little bit extra to bring your remarks to a close. That five minutes has expired. The Chair recognizes Representative Homer."

Homer

"Thank you, Mr. Speaker. I rise in strong support of this Conference Committee Report. As one who sat in on several hours of deliberation in trying to come up with a compromise Bill, I can say to you that this is a very thought out Bill and one that is deserving of our support. 79 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 I think all of us, this summer, when we read about the various accounts that happened, primarily in the City of Chicago, the young child, Robert Sandifer, eleven years old who was released by a juvenile court judge because there is no authority under existing law to hold a child under the age of thirteen for more than thirty days in detention. And even if there were, we have no licensed facilities to house such individuals. And so, the judge, having no options, released this child into society where only a few days later, he murdered a young teenage girl. And a few days after that, was the victim of a murder himself. A short time after that, we read about the horrible situation where a twelve year old and ten year old brothers had dangled an even younger child out of a high-rise building and dropped him to his death, while his brother tried futilely to grab onto him and save him. There is a crying need in this state to address the growing problem of juvenile violence. And yes, there is strong medicine in this Bill, but it is not punitive medicine, it's medicine to protect both society and also those who are perpetrating these crimes and dying in the course of them. This Bill, I think, is carefully crafted. There are some careful safeguards in the Bill. There are no additional automatic transfer provisions. There are some offenses, violent offenses, for which fifteen and sixteen year olds may be transferred to adult court jurisdiction. Clearly, our juvenile court act is in dire need of being updated to meet todays problems in a violent society. This Bill takes a step forward, will not obviously stop crime, but it's the very least that we can do as responsible Legislators, to protect the citizens of this state from the growing phenomenon of violence by young offenders. I urge support 80 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE for the Bill."

Speaker Steczo

"Further discussion? Mr. Deering." December 1, 1994

Representative Deering. Deering

Representative Deering. Deering: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Will the Sponsor yield?"

Speaker Steczo

"He indicates he will."

Deering

"Representative Dart, under the alcohol abuse section on page 40 of the Bill, line 31, 32 and 33... Okay, are you with me? Are you with me? On line 32, where the sentence starts after the comma; 'be mandatorily sentenced to a minimum term of thirty consecutive days of imprisonment, forty days of twenty-four hour periodic imprisonment, or seven hundred and twenty hours of community service'. Now, if my license...if my license is suspended or if I'm driving on a suspended or revoked license because of a DUI and I receive another DUI, which throws me into this category, do I have to serve both the thirty consecutive days and the forty days of periodic imprisonment, or should there be an 'and' or an 'or' after the comma, after imprisonment."

Dart

"Hold on one second, if you could. Yea, what it is, is that it would be thirty consecutive days in imprisonment, forty days of home confinement or periodic imprisonment or seven hundred and twenty hours of community service, and that is so that some areas that do not have community service programs or the like, that they have that option."

Deering

"So, I have to serve both of those...both of those Dart: periods?" "Correct."

Deering

"It could be seventy days."

Dart

"Correct."

Deering

"Okay. Under the firearms section, the analysis 81 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 says...requires a person charged with a forceable felony. Now, does that mean if I am on probation and commit another crime or does that mean that if I am charged for the first time, for instance, with a stalking charge..."

Dart

"Can you give me a..."

Deering

"...I have to turn over my guns, just for being charged?"

Dart

"Can you give me the page again?"

Deering

"I don't have the page. It's in the analysis. I'm sorry on that one. It's on page 3 of the analysis, under the firearms section, fourth paragraph. The key word there is 'charged'. If I am...if I don't have a prior record, and I am just charged with the offense of stalking, do I have to give up my firearms just because I'm being charged?"

Dart

"You have to give it up unless the court determines that the circumstances would...did not warrant that or they are impractical. The thing...that last part is the important part. There is nobody that is going to have their firearms taken away if they make a compelling case of any nature of the judge, or if the judge finds it's impractical."

Deering

"Okay. So, to clarify the intent, that means that it's

Dart

"Correct."

Deering

"...automatically give them up."

Dart

"Definitely."

Deering

"Okay. Also, on page 5 of the... Representative, on page 5 of the analysis sheet, second paragraph, where the court can require community service of thirty to one hundred and twenty hours in communities where the service is available and funded by the county board, is the state going to then require the county...the counties to fund 82 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 164th Legislative Day this type of service?"

Dart

"No, that is only if it is something that is presently funded by the county board in that jurisdiction. And the county board would not have to do that if...I mean...actually is there out to do it. Normally, we just...we force them to serve community service. What we are saying here is, we want you to serve community service, but if the county board does not chose to fund that then you have the other option."

Deering

"What is the other option?"

Dart

"Well..."

Deering

"Going to the Department of Corrections? What if they have no facility or no spot for them?"

Dart

"Well, they would... Yea, they have a group of other court order sentences that they could do with like, weekends or periodic confinement that they could do in a jail. And once again, these are for gang-related offenses, aggravated assault with a firearm, things like that where you probably want these people in jail anyways. And this is giving them the out to say, if you want to put these people who are shooting people and are gangbangers on community service, go ahead and do it, but we're not going to force you if you don't have that program."

Deering

"Okay. Under...on page 135 of the Bill."

Speaker Steczo

"Representative Deering, your time has expired. Representative Novak, for what purpose do you seek recognition?"

Novak

"Yes, Mr. Speaker, I would like to yield my time to Representative Deering."

Speaker Steczo

"The Gentleman yields his time to Representative Deering. Mr. Deering, you have an additional five minutes." 83 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day

Deering

December 1, 1994 "Yes, a final question. In this language that increases the penalty for possessing or using a firearm within 1000 feet of a school, a park, a public housing authority, et cetera. Clarify the intent, if I live in downstate Illinois within 1000 feet of a school or a public facility, and have in my home or in my vehicle or on my ground when I am hunting, a firearm, am I in violation of this section of the statute?"

Dart

"If you are legally in possession of your gun at the time, that there isn't a problem. This is for someone who has an unlawful use of a weapon within the stated area. So, if your house is within 1000 feet of a school, you are fully within your rights to have your gun. This does not affect that whatsoever. It is all current law right now. We're not tampering with that part of it, that is still the same."

Deering

"Okay. One final question here, back to the analysis, page 6, item number 11. Dealing with the death penalty, do we have a law...have we passed legislation that is now a law that makes this...that can make a person eligible for the death penalty under these circumstances?"

Dart

"Exactly, Representative. The reason it was pulled out was because we had just passed it. I think it was two weeks ago."

Deering

"Thank you."

Speaker Steczo

"Any further discussion? The Chair recognizes Representative Tom Johnson." Johnson, Tom: "I rise in strong support of this piece of legislation that is before us today. As we are all aware, this piece of legislation has gone through a lot of...an awful lot of discussion, rewrite, politics, you name it. This has been a long Session as it relates to criminal law. 84 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 This Bill certainly is not going to end all crime among our youth, our seniors, et cetera. This is, once again in my opinion, an incremental step that is a responsible step in terms of at least placing responsibility and greater responsibility upon those who are committing actions that are not legal within our society. There has been comments about transfer into more secure care with some of our juveniles as a result of some of the heinous sorts of offenses that we have seen occur this past summer. I would just like to add, as a clarification on that particular provision, that if anything, this clarifies what was before, in my opinion, an unclear provision. It used to be that just DCFS could move the court to place a child into secure confinement upon showing of certain items. There was no definition of the word 'minor' there. What this section now does, is bring all of the pertinent agencies and players together before a recommendation of confinement is made. And then it would go before the court. We are bringing other parties into this process and hopefully going to do even a much better job, as it relates to those serious youthful offenders. I hope that in the next Session that we will continue to work in a more comprehensive fashion as it relates to the types of crimes that are being committed by juveniles on our streets today. This is going to call for a lot of creativity, a lot of bipartisanship, but we have an issue here that is not going to go away by this legislation or any other kind of legislation. But this particular piece, I believe, is a good step in the right direction and I would urge all of our membership to support it. Thank you."

Speaker Steczo

"Is there any further discussion? The Chair recognizes Representative Lang. The Gentleman does not 85 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 wish to be recognized. Is there any further discussion? There being none, Representative Dart to close."

Dart

"Thank you, Mr. Speaker. This Bill has been debated long and hard for days, weeks and months now. There is no point really, to go on to much longer, except that we ought to keep this thing in perspective and that is the human face on this. As I said, people refer to Robert Sandifer and those who...those children are all in my district. I, as I mentioned before, have schools that don't open and don't close because there is too much guns being shot outside, and parents cannot take their kids back and forth to school. Most everybody lives with bars on their windows, it's a real sad state of affairs. It's sort of like living in a war zone out there right now. This begins to take some type of response, some type of action to address this in a very positive way. In regards to the secured care initiatives, we, right now have the ability to transfer children. Right now, we are trying to do it in a positive way. We are also, in the same sense, trying to address a problem that has been brought up more than once is that we don't take care of our own children. We fare them out, we send them out to every state of the union, other than our own. We are now trying to take a stand and say, we are going to start trying to bring our children back into our communities and start to deal with them there. It is something that has been long overdue, it's got a long way to go still, too. But at least it is a step in the right direction. So, this is not going to solve all the problems, but it does...it is going to make an impact and can make it soon. And the sooner we get it to the Governor's desk, the better. So, I would urge your support." 86 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day

Speaker Steczo

December 1, 1994 "The Gentleman has moved for the adoption of the First Conference Committee Report on Senate Bill 1153. All those in favor of the adoption of the report will signify by voting 'aye'; those opposed by voting 'no'. The voting is open. The Chair recognizes Representative Cross."

Cross

"Thank you, Mr. Speaker. Representative Dart, just for a point of clarification on this issue of the privatisation, my understanding is that the privatisation language only applies to the secured residential youth care facilities that we are now implementing this Bill, is that correct?"

Dart

"Exactly. That was something that we...I mentioned earlier and I wanted to reemphasize this, this is the only exemption from the Prison Privatisation Moratorium Act, it's for the secured residential youth care facilities." Johnson, Tom: "Thank you very much."

Speaker Steczo

"Mr. Clerk, please record Representative Walsh as 'aye'. The Chair recognizes Representative Black."

Black

"Yes, thank you very much, Mr. Speaker. Not really to explain my vote, I fully intend to vote 'aye', but there is a section in the Bill that received very little attention. And I have no problem in increasing the appropriations for our Department of Corrections for most of the offenses outlined in this Bill. And I think they are necessary and vital to protect our society. What I have some problems with is requiring a mandatory jail sentence for a repeat DUI offender. I don't know...you know, prisons should be for those people who are anti-social, criminal and the like. You know, because of the language in here on an aggravated DUI and being caught driving while under the influence, has got to require at least seven days in jail if you are driving on a suspended license. At some point, we all have to get serious here and quit filling very 87 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 expensive prison cells with people who really don't belong there, and that is just one provision that I don't like, but there are some good provisions in here. But I think, as you heard today, we really need to come back and start being as serious as we can on locking up the true anti-social person and not cluttering the prison with those people who are guilty of driving offenses."

Speaker Steczo

"Representative Turner."

Turner

"Thank you, Mr. Speaker. Just to explain my 'no' vote, I first of all, want it to be clear for the record that I am not a supporter of violence and that I do believe in safe neighborhoods. I just recently buried a seventeen year old in my community who was shot in a drive-by shooting. There is a thirteen year old on my block who has threatened to kill my wife. And so, the terms of making a safe community, it certainly is something that I support, but I don't think this legislation is the answer and I'm voting 'no'."

Speaker Steczo

"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 109 voting 'yes', 6 voting 'no', 0 voting 'present', and the House does adopt the First Conference Committee Report on Senate Bill 1153, and this Bill having received the required three-fifths Constitutional Majority, is hereby declared passed. On page 46 of the Calendar, on the Order of Senate Bills, Second Reading, appears Senate Bill 1457. Mr. Clerk, what is the current status of the Bill?"

Clerk Rossi

"Senate Bill 1457 has been read a second time previously. Amendments 1 and 2 were adopted in committee. No Motions have been filed. Floor Amendment #3, is offered by Representative Skinner." 88 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994

Speaker Steczo

"The Chair recognizes Representative Skinner on Amendment #3. The Gentleman is not here and not present in the chamber. Representative Davis, do you wish to table? The Lady wishes to table Amendment #3. Oh, Representative Skinner. The Gentleman withdraws Amendment #3. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"Representative Stephens. The Gentleman is not in the chamber. Representative Davis, do you wish to table Amendment #4? Lady moves to table Amendment #4. All those in favor will signify by saying 'aye'; those opposed, 'no'. The 'ayes' have it, the Amendment is tabled. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"Representative Krause, Amendment #5. The Lady withdraws Amendment #5. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"Representative Phelps, Amendment #6. The Gentleman moves to...the Gentleman withdraws Amendment #6. Any further Amendments, Mr. Clerk?"

Clerk Rossi

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

Speaker Steczo

"Representative Curran, Amendment #7. The Gentleman withdraws Amendment #7. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"Representative Ronen withdraws Amendment #8. 89 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"Representative Schakowksy withdraws Amendment #9. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"Representative Flowers, Amendment #10. The Lady withdraws Amendment #10. Mr. Clerk, anything further?"

Clerk Rossi

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

Speaker Steczo

"Representative Currie withdraws Amendment #11. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"Representative Granberg withdraws Amendment #12. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

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

Davis

"My Amendment is 15."

Speaker Steczo

"The Lady..."

Davis

"Withdraw."

Speaker Steczo

"...withdraws Amendment #13. Mr. Clerk, any further Amendments?"

Clerk Rossi

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

Speaker Steczo

"The Lady withdraws Amendment #14. Mr. Clerk, any further Amendments?"

Clerk Rossi

"Floor Amendment #15, offered by Representative Davis." 90 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994

Speaker Steczo

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

Davis

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #15 to Senate Bill 1457 has bipartisan support. This is legislation that is in a direct response to a channel five expose from Mr. Dave Siveney that showed some of our boards, that are related to state agencies, have been lavishly spending taxpayers' dollars. This measure will merely do something that has not been the law in the past and that is, put a cap on those...the amount they can spend for breakfast, lunch and dinner. The amount for breakfast, I think, is $10, $15 for lunch and $20 for dinner. And this is our effort in an attempt to stop any board members or groups from lavishly dining or wining others at taxpayers' expense. And I do thank my other Co-Sponsors on this Amendment, Representative Hannig, Representative Skinner, Representative Hoeft, Representative Carol Ronen, Representative Schakowsky and Representative Currie and Flowers and the list goes on. So, I ask for a favorable vote. Thank you."

Speaker Steczo

"The Lady has moved for the adoption of Amendment #15 to Senate Bill 1457. On that, is there any discussion? The Chair recognizes Representative Wennlund."

Wennlund

"Thank you, Mr. Speaker. A parliamentary inquiry, with respect to the germaneness of this Amendment to the original Bill."

Speaker Steczo

"Mr. Clerk, may we have a copy of the Bill and the Amendment? Mr. Wennlund, can we proceed with the debate and then get back to you on the ruling of germaneness? Representative Black."

Black

"Thank you very much, Mr. Speaker. An inquiry of the chair, has this Amendment been printed and distributed? 91 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day The one." December 1, 1994 previous Amendment was. I'm not sure that I have this

Speaker Steczo

"The Clerk informs me that it has."

Black

"Oh, I have Amendment 6 to a previous Bill. What is this one? Oh, 15. Oh, I see, yes. Would the Sponsor yield?"

Speaker Steczo

"She indicates she will."

Black

"Thank you. Yes, Representative, Amendment #15 becomes the Bill, correct? Now, let's see if we can focus on what this Bill does. I'm looking at Section 10, expense limitation. 'No state agency may expend from any fund, amounts in excess of the following per person average limits or state sponsored functions at which food and beverages are served; $10 for breakfast, $15 for lunch, $20 for dinner'. Now, does this mean if President Ikenberry, who is retiring in the Spring, of the University of Illinois, is entertaining, let's say, the Beckman family who donated, I think an excessive $20 million to the University or the Beckman institute, that President Ikenberry could buy the Beckman family a $15 lunch?"

Davis

"Are you complete? Have you completed your question, Representative?"

Black

"Well...The question is really very simple. Your Bill says, any state agency, any fund amounts, if the President of the Flagship University of our state, in fact one of the leading universities of the country. If President Ikenberry..."

Davis

"Representative, he can pay for that kind of lavish dining from foundation funds and this does not preclude the Governor's entertaining anyone. But Ikenberry would have to use a different fund, especially with state taxpayer dollars. He could use foundation money..."

Black

"Well, all right. I understand what you are driving at, 92 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day what you are attempting to do, but I don't see that language in this Amendment."

Davis

"But, Representative, would you want Ikenberry to lavishly dine people from taxpayers' dollars when senior citizens sometime can not have one nutritional meal for the day?"

Black

"Well, no. You're..."

Davis

"Are you suggesting that?"

Black

"Oh, no. You remember, you wouldn't support my Bill state Legislators shouldn't drive expensive foreign cars down here either."

Davis

"They can if they can afford it."

Black

"Oh. Well, I see. Well, then let's..."

Davis

"It's not going to come out of...it's not going to come out of taxpayers' money, it's going to come out of hard earned..."

Black

"Oh, are you paid out of a foundation or are you paid out of some private entity we don't know about, like the Chicago School Board?"

Davis

"Are you saying that once you pay me, you're going to tell me how to spend my money?"

Black

"I'd sure like to."

Davis

"I know you would."

Black

"I'd sure like to."

Davis

"But would that be fair?"

Black

"Well, life is inherently unfair. Now, we're the only species in the world that know when we are born, we are going to die. I think that is unfair. I worry about that all the time. But that is not the issue."

Davis

"Well, I worry more about senior citizens who are taxpayers, who have to watch and be aware of every penny they spend, and to find that there is some people that we consider so important until they're to dine better than the 93 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day rest of us."

Black

"No." Davis: Black:

Davis

December 1, 1994 "Foundation dollars can be spent anyway they choose, but taxpayer dollars, there should be some care, Representative. And I know you feel the same way, there should be some concern and there should be some careful monitoring." "Oh, I don't think I..." "Now, you can get a darn good dinner for $20. You could get an excellent breakfast for $10 and you can find a good hamburger for $15."

Black

"Well, in that case, I think we ought to cut our per diem. That is taxpayers' money."

Davis

"But we only spend...we get about twenty-something dollars for food for the whole day."

Black

"No, no, we get $81."

Davis

"Can you find a good hotel for $81?"

Black

"I can sleep in the back of your luxury car."

Davis

"It's kind of small. The American way says that once earned my dollars, I can spend them any way I choose that is legal." I

Black

"That is true."

Davis

"And I'll tell you, it's a darn good car and I love it. And it's a 1986."

Black

"You've taken excellent care of it, I'll say that."

Davis

"You better believe it."

Black

"But to the..."

Davis

"Because I'm going to take you for a ride."

Black

"That is what I'm afraid of. I certainly look forward to that, even at my age. But anyway, I...to the...let's get back to the Amendment if I can. I think I heard you say...I think I heard you say the Governor was exempt, and 94 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE I don't see that in here." December 1, 1994

Davis

"But it says it's here. The Governor is an executive Black: office, he is not a state agency. He gets his yogurt..." "His yogurt? His yogurt?"

Davis

"Yogurt, good healthy food. We buy all of the Governor's food and we're not complaining about that because we want him to stay healthy."

Black

"You know, I just...I'm beginning to see the light and I just hope that you expand this at the appropriate time, to municiple government as well. Particularly municipalities in excess of 500,000 population, but we should not quibble over the population. And when you go to Washington, Congress Woman Davis..."

Davis

"Yes, Sir."

Black

"I think you should put this limitation on those folks out there in Washington. That is where those rascals are spending the money..."

Davis

"You are absolutely right."

Black

"...big time."

Davis

"You are right, Representative."

Black

"Yes, absolutely, yes."

Davis

"And I will tell them the message..."

Black

"Yes in deed."

Davis

"You are right."

Black

"Now you can take me for a ride, right out to Washington, and we're going to lay this message on them, right?"

Davis

"Thank you. Right, Representative."

Black

"Alright, okay."

Davis

"That will be my first Bill."

Black

"Well, I have seen the light."

Davis

"It will be called the 'Black Bill'."

Black

"I have seen the light, yes. Now I have seen the light. 95 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 I stand in favor of this Amendment, now. It just took awhile for me to see the light, but I have and thank God I lived long enough to see the light."

Davis

"Thank you very much. With that..."

Speaker Steczo

"Representative Wennlund, the Chair has received the Bill and the Amendment and is prepared to rule that the Amendment is germane."

Davis

"An opportunity to show taxpayers that we are concerned with their dollars, and we had not placed limits, because we didn't think they were necessary and, actually, this could be done by administrative rule. But since it has not been, we would just ask that you vote favorably on this and show the taxpayers that we are very concerned with lavish spending for dining, and we don't intend for it to occur at taxpayers' expense. Thank you, Sir."

Speaker Steczo

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

Stephens

"Well, I wanted to be recognized to ask some questions, but I...first of all...I...she has...the Representative has demagogued the issue. If she was really concerned about saving these taxpayers' dollars, maybe she would address an Amendment that would say that you couldn't be on two payrolls that were funded by the state taxpayers at one time. Furthermore, I think that this Amendment, although none of us...I think we have problems limiting state spending at any level, be it breakfast, lunch, or something you called dinner, Representative. Now, on behalf of the people that you have insulted by putting the same meal on here twice, I would like to know why you didn't define the meals. Dinner where I come from is served at noon. No, you didn't even define the terms of your Amendment. If you were serious about this, you would first of all, turn in 96 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE your salary from define the terms. at noon." December 1, 1994 your other job and, secondly, you would

Dinner in downstate Illinois is served Speaker Steczo

Dinner in downstate Illinois is served Speaker Steczo: "Representative Davis."

Davis

"As subject to any law, this one is subject to rules and regulations."

Stephens

"Pardon me?"

Davis

"As with any law, it is subject to the rules and regulations of an agency."

Stephens

"Representative, everyone knows that when you implement terms like this, it's common to insert the definition of the terms that you have. Now, you should have spent a little more time if you were serious about this, instead of just trying to grab the stage, grab the microphone, and try to tell us that all of a sudden, you're going to save the State of Illinois millions of dollars in tax...in spending by..."

Davis

"About five million. About five million."

Stephens

"No, you're not going to save the state a dime. If you really were serious about that and you come up with some serious proposal..."

Davis

"Well, Central Management Services can make those..."

Stephens

"Representative, I didn't ask you a question, and I don't want an answer."

Davis

"Oh. I apologize."

Stephens

"Mr. Speaker, we will...I guess we'll vote this out of here. It's ridiculous the way she has demagogued this issue, and I would move the previous question."

Steczo

"If there is no further discussion, the Lady has already closed. 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 97 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day adopted. In the opinion of the Chair, December 1, 1994 the Amendment is adopted. Mr. Clerk, any further Amendments?"

McLennand

Speaker Steczo

Bill."

McLennand

"No further Amendments." "Third Reading. Mr. Clerk, please read the "Senate Bill 1457, a Bill for an Act relating to a Medicaid Cost Savings Suggestion Award Program. Third Reading of this Senate Bill."

Speaker Steczo

"The Chair recognizes Representative Granberg."

Granberg

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. You've heard what the Bill now contains, I would ask for your favorable consideration."

Speaker Steczo

"The Gentleman Bill 1457. moves for the passage of Senate On that, is there any discussion? Representative Wennlund." Wennlund: House to That's in "Yes, Mr. Speaker. There's no leave of the consider this Bill on Third Reading today. violation of the rules. There's been no leave of the House for consideration, and I object to consideration of this Bill on the Order of Third Reading on...as the Bill stood on the Order of Second Reading at the time, and there is no leave of the House to consider this Bill on Third Reading on the same Legislative Day. Especially before a $20 supper."

Speaker Steczo

"Mr. Wennlund, that rule is applicable only when a Bill is on Third Reading, brought back to Second Reading, amended, then put back on Third Reading and sought to be passed that same day. That rule is not applicable when a Bill is on Second Reading, has been read a second time previously, is amended, and then passage is sought."

Wennlund

"The Bill has been previously read on a second time?"

Speaker Steczo

"It had been previously read a second time. I f 98 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 you look at the Calendar on page 46, you will see that it had been read a second time, previously. Mr. Wennlund, you can also check Rule 37(d), 37(d). Representative Granberg has moved that the...that Senate Bill 1457 pass. The question is, 'Shall this Bill pass?' All those in favor will signify by voting 'aye'; those opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 111 voting 'yes'... Representative Wirsing wishes to be recorded as 'aye'. Representative Brady wishes to be recorded as 'aye'. Representative Pedersen wishes to be recorded as 'aye'. Representative Churchill...is he here...wishes to be recorded as 'aye'. Representative McAuliffe, 'aye'. Representative Pedersen, did you wish to speak? On this question, there are 115 voting 'yes', none voting 'no', none voting 'present', and Senate Bill 1457, having received the required Constitutional Majority, is hereby declared passed. Representative Shirley Jones, for what purpose do you seek recognition?" Jones, Shirley: "Just wish everybody a Merry Christmas, cause I'm gone."

Speaker Steczo

"Representative Stephens, same message for your side?"

Stephens

"Well, a similar message. What did she say? Did she say she was leaving?"

Speaker Steczo

"She wished everybody a Merry Christmas."

Stephens

"Merry Christmas and she was going. Oh, okay. Well, that's perfectly appropriate."

Speaker Steczo

"Page 48 on the Calendar under the Order of Senate Bills, Second Reading, appears Senate Bill 1751. Mr. Clerk, what's the status of this Bill?" 99 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994

McLennand

"Senate Bill 1751 has been read a second time previously. No Committee Amendments. Floor Amendment #1, offered by Representative Dunn."

Speaker Steczo

"The Gentleman withdraws Amendment #1. Mr. Clerk, any further Amendments?"

McLennand

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

Speaker Steczo

"The Gentleman withdraws Amendment #2. Mr. Clerk, any further?"

McLennand

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

Speaker Steczo

"The Chair recognizes Representative Granberg on Amendment #3."

Granberg

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #3 contains four separate provisions. Two are in regard to the Supreme Court that came out of an audit to come into compliance. One would raise the fee they can charge for xeroxing pages to 25¢ a page instead of by the amount set by 100 words. That is one. There is another...a second component to that to...come into compliance with the audit. A third provision at the request of the Secretary of State. Clean-up language from the Limited Liability Partnership Act, which we passed last year. That is at the request of the Secretary of State. And the fourth and final provision is the Baby Richard clean-up, which we addressed earlier. So, I would be happy to answer any questions."

Speaker Steczo

"The Gentleman has moved for the adoption of Amendment #3. On that, is there any discussion? There being none, all those in favor of the adoption of the Amendment will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it. The Amendment is 100 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 adopted. Mr. Clerk, any further Amendments?"

McLennand

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

Speaker Steczo

"The Chair recognizes Representative Granberg on Amendment #4."

Granberg

"This is done at the request of the Secretary of State's Office to allow them to change their records to also reflect the changes in the Recording Act, which we passed last year. I would be happy to answer any questions."

Speaker Steczo

"The Gentleman has moved for the adoption of Amendment #4. On that, is there any discussion? There being none, the question is, 'Shall the Amendment be adopted?' All those in favor will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it, and the Amendment is adopted. Mr. Clerk, any further Amendments?"

McLennand

"No further Amendments."

Speaker Steczo

"Third Reading. Mr. Clerk, please read Senate Bill 751 (sic-1751) a third time."

McLennand

"Senate Bill 1751, a Bill for an Act to create the Uniform TOD Security Registration Act. Third Reading of this Senate Bill."

Speaker Steczo

"The Chair recognizes Representative Granberg on the passage of Senate Bill 1751."

Granberg

"Thank you, Mr. Speaker. The only two provisions in this Bill are the Amendments that we just discussed. I would ask for your favorable consideration."

Speaker Steczo

"The Gentleman has moved for the passage of Senate Bill 1751. The question is, 'Shall this Bill pass?' All those in favor will signify by voting 'aye'; those opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted 101 164th Legislative Day STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 1, 1994 who wish? Mr. Clerk, please take the record. On this question, there are 115 voting 'yes', none voting 'no', none voting 'present'. Senate Bill 1751, having received the required three-fifths Constitutional Majority, is hereby declared passed. Mr. Clerk, Adjournment Resolution."

McLennand

"House Joint Resolution #181, offered by Representative McPike. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the two Houses adjourn on Thursday, December 1, 1994, they stand adjourned until Tuesday, January 10, 1995, at the hour of 12:00 noon.

Speaker Steczo

"Representative Currie now moves for the adoption of the Adjournment Resolution. All those in favor will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it. The Adjournment Resolution is adopted. However, we may not be completed with our work yet, so don't move too quickly. Mr. Clerk, Agreed Resolutions."

McLennand

"House Resolution 3529, offered by Representative Lang; House Resolution 3530, offered by Representative Dart; House Resolution 3532, offered by Representative Phelps; House Resolution 3534, offered by Representative Daniels; House Resolution 3535, offered by Representative Blagojevich; Senate Joint Resolution 195, offered by Representative Moffitt; Senate Joint Resolution 196, offered by Representative Tom Johnson; Senate Joint Resolution 200, offered by Representative Tom Johnson; Senate Joint Resolution 202 and Senate Joint Resolution 203, offered by Representative Jack Kubik."

Speaker Steczo

"Representative Currie now moves for the adoption of the Agreed Resolutions. All those in favor will signify 102 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 164th Legislative Day December 1, 1994 by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it, and the Agreed Resolutions are adopted. Death Resolutions."

McLennand

"House Resolution 3531, offered by Representative Wirsing, with respect to the memory of Shawna LuAnn Meadows."

Speaker Steczo

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

McLennand

"House Resolution 3533, offered by Representative Davis."

Speaker Steczo

"Committee on Assignment. The Chair is now prepared to adjourn. Wishing everybody a happy holiday, Representative McPike now moves that the House stand adjourned until Tuesday, January 10th at the hour of noon. All those in favor will signify by saying 'aye'; those opposed by saying 'no'. The 'ayes' have it, and the House now stands adjourned. Tuesday, January 10th at noon." 103 REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX DECEMBER 01, 1994 95/02/02 13:10:50 HB-1124 CONFERENCE PAGE 21 SB-0881 CONFERENCE PAGE 58 SB-1153 CONFERENCE PAGE 69 SB-1233 SECOND READING PAGE 33 SB-1233 THIRD READING PAGE 40 SB-1261 SECOND READING PAGE 41 SB-1261 THIRD READING PAGE 52 SB-1279 SECOND READING PAGE 45 SB-1279 THIRD READING PAGE 49 SB-1457 SECOND READING PAGE 88 SB-1457 THIRD READING PAGE 98 SB-1579 SECOND READING PAGE 52 SB-1728 SECOND READING PAGE 22 SB-1728 THIRD READING PAGE 32 SB-1728 MOTION PAGE 21 SB-1751 SECOND READING PAGE 100 SB-1751 THIRD READING PAGE 101 HR-3380 ADOPTED PAGE 8 HR-3380 RESOLUTION OFFERED PAGE 3 HJR-0181 ADOPTED PAGE 102 HJR-0181 RESOLUTION OFFERED PAGE 102 SJR-0152 ADOPTED PAGE 57 SJR-0152 RESOLUTION OFFERED PAGE 57 SJR-0199 ADOPTED PAGE 21 SJR-0199 RESOLUTION OFFERED PAGE 13 SJR-0201 ADOPTED PAGE 13 SJR-0201 RESOLUTION OFFERED PAGE 9 SUBJECT MATTER HOUSE TO ORDER SPEAKER MCPIKE PAGE 1 PRAYER REVEREND ROGER COMPTON PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL ATTENDANCE PAGE 1 COMMITTEE REPORT PAGE 2 AGREED RESOLUTIONS PAGE 2 DEATH RESOLUTIONS PAGE 2 REPRESENTATIVE GIGLIO IN THE CHAIR PAGE 2 REPRESENTATIVE STECZO IN THE CHAIR PAGE 21 REPRESENTATIVE GIGLIO IN THE CHAIR PAGE 45 REPRESENTATIVE STECZO IN THE CHAIR PAGE 52 AGREED RESOLUTIONS PAGE 102 DEATH RESOLUTION PAGE 103 GENERAL RESOLUTION PAGE 103 HOUSE ADJOURNED PAGE 103