Illinois General Assembly Floor TranscriptsBrowseHouse89th GA

Illinois House Floor Debate — March 1, 1995

89th General Assembly (1995-1996) · Legislative day 24 · Regular Session
Chamber
House
General Assembly
89th (1995-1996)
Date
March 1, 1995
Legislative day
24
Session
Regular Session
Speaker turns
446
Original
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Speaker Daniels

"The House will be in order. The Members will be in their chairs. The Chaplain for the day is Pastor Rod Silver of the Bible Baptist Church of Bloomington. Pastor Silver is the guest of Representative Bill Brady. Guests in the gallery may wish to rise for the invocation. Pastor Silver."

Pastor Rod Silver

"Let's pray. Father we're thankful for this day and the duties of it, we pray Your blessing upon this Body and the people. We are grateful for the authority and knowing as You as the source of all authority that You have passed upon this Body and we pray for our state and we pray for the families of these Representatives and the added responsibilities and pressures placed upon them. We pray that You strengthen them and we pray also for Your blessing upon the families of this state and that You would grant this Body the wisdom according to Your word and scriptures that You have given to us, to direct us and guide us in the darkness SO that we can see the light. And we pray that this will always be a state in which the people are free to worship as they choose according to the dictates of their own hearts. And we pray also that it will be a state in which the parents will be able to train their children and nurture in the admiration of the Lord. We pray for Your blessing upon this day. May it be a profitable day, a day that in which many good things are done and we pray for Your blessing now upon these people. In Jesus Name we pray. Amen."

Speaker Daniels

"We will be led in the pledge by Representative Jack O'Connor."

O'Connor 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 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day for all." March 1, 1995

Speaker Daniels

"Roll Call for Attendance. Excused absences. Representative Currie is recognized to report any excused absences on the Democratic side of the aisle. Representative Currie."

Currie

"Thank you, Speaker. Please let the record show that Representative Martinez is excused today."

Speaker Daniels

"With the leave of the House the Journal will so indicate. Representative Cross is recognized to report any excused absences on the Republican side of the aisle. Representative Cross."

Cross

"Thank you, Mr. Speaker. Would the record reflect that Representative Kubik is absent, an excused absence today."

Speaker Daniels

"With the leave of the House the Journal will so indicate. Mr. Clerk, take the record. There are 116 Members answering the roll call and a quorum is present. The House will come to order. Committee Reports."

McLennand

"Committee Report from the Committee on Rules. Rules has met on March 1, 1995 action taken on Bills that referred recommends 'do adopt' House Joint Resolution 29."

Speaker Daniels

"Supplemental Calendar announcement."

McLennand

"Supplemental Calendar #1 is being distributed."

Speaker Daniels

"Mr. Clerk, read House Joint Resolution #29."

McLennand

"House Joint Resolution #29, Offered by Representative Churchill. Be it resolved by the House of Representatives of the 89th General Assembly of the State of Illinois the Senate concurring herein: That the two Houses shall convene in Joint Session on Wednesday, March 1, 1995 at the hour of 12:00 noon for the purpose of hearing his Excellency the Governor Jim Edgar present to the General Assembly his budget message for fiscal year 1996 as required by Chapter 127, Section 28 of the Revised 2 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 24th Legislative Day Statutes."

Speaker Daniels

"Representative Churchill now moves the adoption of House Joint Resolution #29. All those in favor signify by saying 'aye'; opposed, 'no'. In the opinion of the Chair the 'ayes' have it and Resolution is adopted. House Bill, Second Reading. Mr. Clerk, read House Bill #8. Ladies and Gentlemen of the House, can we have your attention please? And with all those not entitled to the floor, please remove yourself. Take House Bill #8 out of the record, Mr. Clerk, House Bill 203. Mr. Clerk, read House Bill 203."

McLennand

"House Bill 203, a Bill for an Act that amends Juvenile Court Act of 1987. Committee Amendment #...Second Reading of the Bill. Committee Amendment #1 was referred to rules. Committee Amendment #2 was referred to Subcommittee. Committee Amendment #3 is withdrawn. Committee Amendment #4 was adopted. Floor Amendments #5 and 6 have referred to the rules. No Motions."

Speaker Daniels

"Third Reading. Ladies and Gentlemen of the House. Ladies and Gentlemen of the House. Will all those not entitled to the floor, please retire to the gallery. We are conducting business on Second Reading right now. House Bill 340. Mr. Clerk, read the Bill."

McLennand

"House Bill 340, a Bill for an Act that amends the Township Code. Second Reading of the Bill. Fiscal note has been requested. And a state mandates note has been requested. No Amendment."

Speaker Daniels

"Those Amendments have not...or the requests have not been met, so we'll take that Bill out of the record. House Bill 358."

Clerk Rossi

"House Bill 358, a Bill for an Act to amend the Environmental Protection Act. Second Reading of this Bill. 3 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 Amendment #1 was adopted in committee. No Motions have been filed. A fiscal note has been requested on the Bill."

Speaker Daniels

"Take that Bill out of the record. House Bill 365. Mr. Clerk, read the Bill."

McLennand

"House Bill 365, a Bill for an Act that amends the Illinois Marriage and Dissolution of Marriage Act. Second Reading of the Bill. No Amendments."

Speaker Daniels

"Third Reading. House Bill 598. Mr. Clerk, read the Bill."

McLennand

"House Bill 598, a Bill for an Act that amends the School Code. Second Reading of the Bill. No Committee Amendments. Fiscal note has been filed. No Floor Amendments."

Speaker Daniels

"Third Reading. House Bill... Senate Bills. First Reading."

McLennand

"Senate Bills. First Reading. Senate Bill 113, offered by Representative Ryder, a Bill for an Act to amend the Mental Health and Developmental Disabilities Code. First Reading of this Senate Bill."

Speaker Daniels

"The regular Session of the House will now stand at ease. We will reconvene at the hour of 12:00 noon."

Speaker Daniels

"The House will come to order. Recognize the Doorkeeper for an announcement."

Doorkeeper

"Mr. Speaker. The Honorable President Philip and Members of the Senate are at the door and seek admission to the chamber."

Speaker Daniels

"Mr. Doorkeeper, admit the Honorable Senators. The House will come to order. Members will please be in their seats. Ladies and Gentlemen. The House will come to order. Members will please be in their seats. Ladies and Gentlemen. As designated in House Joint Resolution #29 the hour of 12:00 noon having arrived, the Joint Session of the 4 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 89th General Assembly will now come to order. Will the Members of the House and our esteemed guests from the Senate please take their seats. Mr. Clerk, is a quorum of the House present?"

McLennand

"Yes, Mr. Speaker, a quorum of the House is present."

Speaker Daniels

"Mr. President, is a quorum of the Senate present in this chamber?"

President Philip

"Thank you, Mr. Speaker. The quorum of the Senate is present."

Speaker Daniels

"There being a quorum of the House and a quorum of the Senate in attendance, this Joint Session is convened. Like to acknowledge the presence of several of our dignitaries that are here with us today. Senate Philip and I would like to acknowledge the presence of the Honorable Bob Kustra, the Lieutenant Governor of the State of Illinois. The Honorable George Ryan, the Secretary of State of the State of Illinois. The Honorable Jim Ryan, the Attorney General of the State of Illinois. The Honorable Judy Barr Topinka, the Treasurer of the State of Illinois. Mr. Joseph Spagnola, the State Superintendent of Schools. Mr. William Holland, the Auditor General of the State of Illinois. The Honorable Michael Balandic, Justice of the Supreme Court, Chief Justice. And the Honorable Ben Miller, Justice of the Supreme Court. And the First Lady of the State of Illinois, Brenda Edgar, sitting in the gallery. The Chair recognizes the House Majority Leader, Mr. Bob Churchill."

Churchill

"Thank you, Mr. Speaker. If the Clerk would please read Joint Session Resolution #2, I would move for its immediate adoption."

McLennand

"Joint Session Resolution #2, resolved that a 5 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 committee of ten be appointed, five from the House, by the Speaker of the House and five from the Senate, by the President of the Senate. To wait upon his Excellency, Governor Jim Edgar, and invite him to address the Joint Assembly. Senator Karen Hasara, Senator Steve Rosenberger, Senator Thomas Walsh, Senator George Shadid, Senator Donald Trotter, Representative Ron Stephens, Representative Ronald Wait, Representative Larry Wennlund, Representative Donald Saltsman and Representative Janice Schakowsky."

Speaker Daniels

"Representative Churchill moves the adoption of Joint Session Resolution #2. All those in favor signify by saying 'aye'; those opposed 'nay'. Say 'aye'. The 'ayes' have it. And the Resolution is adopted. Pursuant to the Resolution the following are appointed as a committee to escort the Governor. Representative... Senator Tom Walsh, Senator Karen Hasara, Senator Rosenberger, Senator Shadid, Senator Trotter, Representative Wennlund, Representative Wait, Representative Stephens, Representative Saltsman and Representative Schakowsky. Will the Committee of Escorts please convene at the rear of the chamber and await his Excellence the Governor? Recognize the Doorkeeper for an announcement."

Doorkeeper

"Mr. Speaker. The Honorable Governor of the State of Illinois, Jim Edgar and his party wish to be admitted to this chamber."

Speaker Daniels

"Admit the Honorable Governor, Jim Edgar. Governor Jim Edgar."

Governor Edgar

"Speaker Daniels, President Philip, Justices of the Supreme Court, my fellow Constitutional Officers, Members of the 89th General Assembly and my fellow citizens of Illinois, Less than two months ago in my State of the State address I issued an unprecedented challenge to this 6 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 new General Assembly: Get down to work, end the gridlock and send me important legislation that has long been overdue. Expanded property tax Caps for beleaguered homeowners. Reforms in liability laws to stimulate job creation. Reforms in education for better results, greater accountability, more decision-making at the local level. Initiatives to make tough new crime laws even tougher. And an overhaul of a welfare system that has failed taxpayers and trapped thousands of families in an endless cycle of dependency. It was an ambitious agenda. But, in the seven weeks since my State of the State address, the 89th General Assembly has responded to my charge. And to the mandate we all received from voters last November. With unequaled dispatch and decisiveness. We already are making history. And, even more importantly, we are making this great state even greater. In November, four out of every five Cook County voters in an advisory referendum demanded property tax Caps. Now they have them. For decades, job creation in Illinois has been hobbled by the Structural Work Act, an outdated law that put our businesses at a competitive disadvantage. New York was the only other state with such a law. Now New York is the ONLY state with such a law. And as a result Illinois' economic future is brighter. Indeed, within a few days I expect to receive even more legislation to stimulate job creation in Illinois. Legislation to reduce frivolous lawsuits. Our industries and businesses will be more competitive. Which means more jobs for our people. In the last year, we have seen employment in Illinois rise to record levels and unemployment plummet to a 20 year low. But we can't be satisfied. We're going to build on those gains. Illinois must continue to move ahead. Not only on the economic front, but also in reforming our 7 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 schools. And in overhauling a welfare system that has let down the poor and taxpayers alike. Because we have broken the gridlock, legislation to reform elementary and secondary education in Illinois already has cleared the House and the Senate, and two days ago received my signature and it became law. Local school boards, principals, teachers and parents will enjoy new freedoms from state mandates and administrative red tape. They will be allowed to innovate, to focus on ways to improve learning and make more efficient use of taxpayer dollars instead of fighting bureaucracy and the Springfield knows best mind set. And, because of action this legislature has taken at my request, higher education has been streamlined and a needless layer of expensive bureaucracy has been eliminated. Working together, this Legislature and I have fashioned a welfare reform package that soon will become law. The principle is simple but powerful. Public assistance should be a lifeline, not a life style. In less than two months, this Legislature has shown the people of Illinois that progress can take the place of gridlock and action can take the place of excuses. The reforms already achieved in this relatively young Legislative session also underscores our commitment to assuring that taxpayer dollars are spent wisely and effectively. It is a commitment that was reflected in the four budgets that have been fashioned since I became Governor. And it is a commitment that drives the fifth budget of this administration. During the last four years, Illinois has battled both a national recession that limited our revenues and federal mandates that reduced our flexibility. We responded to those challenges. We set priorities. We eliminated programs that either weren't working or were not 8 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 essential. We downsized state government by several thousand employees. We made government more efficient. And, because we bit the bullet over and over again, Illinois was one of the few states in this nation not to impose higher taxes on its hard working families during the last four years. Because of our discipline, Illinois is stronger today. And we are not going to abandon that discipline in this budget. The budget I am proposing today allows us to provide more for our citizens, where I believe more must be provided, without asking more from our taxpayers. Once again, we are going to hold the line on taxes. And once again, we are going to downsize state government. Nearly one thousand jobs will be eliminated. That reduction will more than offset the staff we must hire to expand our prison system and respond to the explosion of child abuse and neglect cases. This budget does not build bureaucracy. It reduces bureaucracy. This budget requires the kind of belt tightening we have done in the last four budgets. The budget for the Governor's office will not grow. In fact, it remains 19% below the budget I inherited four years ago. And if we are to hold the line on taxes, we must see similar restraint by this Legislature and my fellow Constitutional Officers. Or we will be facing the need to increase taxes. I don't want higher taxes. I am not proposing them. And I really don't think this Legislature wants them either. Without raising taxes, our strong economic recovery will produce more than $740 million additional dollars for the general funds. Local governments throughout Illinois will receive $90 million of that growth off the top, thanks to changes we made in the state's revenue sharing program two years ago. The $90 million increase over last year will mean local government will 9 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 receive $643 million in revenue sharing. No strings attached. The money can be used to add police officers, improve city services or to meet other local needs that are deemed critical. In addition, local governments will receive more than $20 million in additional mass transit aid as a result of our revenue growth. At the state level we are left with $620 million new dollars to devote to critical needs. I am proposing today that we spend nearly 50 cents of every new dollar on education. In fact nearly 90 cents of every new dollar will go into five key areas. Education. Responding to the needs of abused and neglected children. Bolstering community-based services for those who are mentally ill or disabled. Expanding home services to needy senior citizens and those who are physically disabled. And adding prison beds to keep the most dangerous people in our society behind bars where they belong. My request for education totals more than $5.7 billion, the single largest component of the general funds budget. That represents a $294 million increase on top of the half billion dollar boost we provided in the last two years. It is the largest increase education has ever received without raising taxes. And the increase, nearly $300 million, is the first installment on my pledge to boost education funding by at least one billion dollars during my second term. For the second year in a row, this budget will fully fund the request of the Board of Higher Education for our colleges and universities. It provides additional funding to support innovation, initiatives to improve undergraduate education, and to help ensure that a student who is willing and able to complete a four year degree in four years can do so. My budget also includes an additional $11 million for student assistance that will boost the maximum state 10 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 scholarship aid for a student to $3,900 and increase the number of recipients by several thousand. Illinois, with all its resources and resolve, cannot settle for anything less than the most respected higher education system in this nation. Nor can it settle for anything less than producing the right results from our elementary and secondary school system. We must be sure that the youngest of our children today are prepared to meet the challenges they will face in life, whether it is in university classrooms or in the workplace. This General Assembly has already approved many of my initiatives to give schools the flexibility and to innovate and experiment. This budget provides funds to compliment those reforms. It includes nearly $200 million in additional state funding to help our elementary and secondary schools meet their responsibilities to our children and our future. It includes money to continue reducing the gap between the haves and the have-nots among our school districts. It includes $5 million for Project Jumpstart, the state Superintendent's initiative to boost student achievement scores in under performing schools. It includes more than $102 million of state support for early childhood education programs to ensure kids enter kindergarten prepared to learn. This budget doubles funding for Project Success, an innovative effort that makes health and counseling services readily available to disadvantaged school children. This budget includes 17 million dollars for my initiative to bring the latest in computer technology into schools throughout the state. And it includes the third installment of my $75 million commitment toward long distance learning. The establishment of a statewide telecommunications network that can be used by classrooms and businesses throughout 11 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 the state to meet the challenges of the 21st Century. With this budget and other steps we are taking, we are reaffirming our commitment to a world class educational opportunity for every child in Illinois. But that commitment, I believe, also requires that we seriously consider for the long term the way in which we fund elementary and secondary education in Illinois. And I will soon name a blue ribbon committee to tackle that challenge and make recommendations to this Legislature and to me by the first of next year. We also must reaffirm, in this budget and with reforms we are undertaking, our commitment to meet the special needs of children whose lives have been tragically clouded by neglect and abuse. There are right now about 45,000 children in the care of the state. Tens of thousands of children whose parents have abused, neglected or abandoned them. And that number could increase by more than 50,000 by this time next year. That is an unfortunate commentary on society today. We must continue to give those children the care and comfort they deserve. This budget increases state funding for the Department of Children and Family Services by 10%. The agency's total budget will be more than one and a quarter billion dollars. It will fund massive reforms to assure the state is responding effectively to the most vulnerable of our citizens. And I am also proposing that we increase our efforts to encourage adoption by $7 million as we build on the progress we have already made in finding permanent, loving homes for children who have been abandoned, neglected and abused. But it is vital, as we provide additional dollars for our child welfare system, that we make sure the money is spent in the most effective way. That is why I am proposing reform in an area where we have seen costs to taxpayers soar to a 12 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 budget-busting level. Today, 58% of children in the child welfare system are being cared for in the homes of relatives. In fact, Illinois today is the only state in the nation in which more than 50% of children in foster care are in the homes of relatives. Now I think we all would agree that placing a child with a family member is frequently best for the child. But we strongly suspect many are abusing the system for additional income. And so we are closing loopholes, saving more than $40 million for the taxpayers and providing tougher safety standards to protect those children being cared for in the homes of relatives. Meanwhile, we are moving forward in other human service areas. This budget expands our commitment to in home care for the disabled and the elderly by almost $27 million. Helping them to remain in their homes and communities is a humane and cost effective alternative to being placed in nursing homes. Likewise, this budget bolsters community services in the mental health area. It continues the reform we began in earnest during the early days of this administration. The twin goals are clear. First, those who do not need to be in institutions should receive care in community settings. Second, those who do need institutional care should receive the quality of care that we would expect for ourselves and our loved ones. Each year, we have moved more and more people out of institutions and into community settings. This year, we will continue that reform. And that means making the best use of limited resources. So, as part of our effort to provide more funds for community resources, we will downsize our network of state institutions. We plan to covert Meyer Mental Health Center in Decatur into a correctional facility. And we plan to close Kiley Mental Health Center in Waukegan over a 13 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 two-year period. Everything possible will be done to minimize disruption to those served by Meyer and Kiley and to the communities in which they are located. Central Illinois will continue to be well-served by McFarland and Zeller Mental Health Centers in Springfield and Peoria. Those served by Meyer and Kiley will continue to receive quality care, whether through increased funding for community care or in other state mental health facilities. But even with those assurances, the reform probably will generate some opposition. Change almost always does. But reforming mental health services in Illinois is the right thing to do. And reforming our welfare system is also the right thing to do. Because of the welfare reforms we implemented less than two years ago, twice as many AFDC clients have earned income and jobs. Thousands of able-bodied men and women who had counted on welfare checks now have new skills and opportunity through our Earnfare Program. And this year and next, we will help point nearly 50,000 more welfare recipients toward self sufficiency through additional reforms. Moreover, we will escalate our efforts to collect the child support that can often mean the difference between independent lives and lives on welfare. In fiscal 1995, we expect to collect a quarter billion dollars in child support. Next year, I expect our collections will for the first time top $100 million in support for children whose custodial parent is on the welfare rolls. Fathers, once and for all, need to understand what fatherhood really means. It means owning up to their responsibility to provide for their children. At the same time, medical assistance to those who remain on the rolls must continue to be a major focus of our reform efforts. Medicaid commands more than $5 billion, nearly 75% 14 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 of our welfare budget. And it has played havoc with state treasuries across this nation. Last year, we charted a massive overhaul of the Medicaid Program in Illinois. Managed care is the centerpiece. It makes sense, and has worked well in the private sector. But we have been unable to implement it in Illinois because we need permission from federal bureaucrats. And they have delayed and delayed, despite what President Clinton, a former governor, has promised the nation's governors over and over again. The Clinton administration will allow states to experiment with welfare reform, he has said repeatedly. State's requests for waivers from rigid federal welfare rules will be expedited, he has said repeatedly. But the bureaucrats haven't followed through. They would rather fiddle and quibble. So Medicaid reform in Illinois and other states has been stalled. The cost to taxpayers continues to soar and dollars that could be used for education and other essential programs are gobbled up by this budget monster. I and other governors have had enough of going to Washington hat in hand for permission to enact programs that will save taxpayer dollars. To put it plainly, we are fed up. And we welcome the receptive audience we have found among the new Congressional Leadership in Washington. I am hopeful as a result of the change in Congress that states will be allowed to manage their own welfare programs, free of micro management from the Washington bureaucrats. But, until then, we must deal with the present reality. This budget includes only minimal Medicaid cost savings. Some AFDC families have enrolled voluntarily in the managed care plans. And we will encourage more of them to do so. But we will have to maintain a 1994 freeze on rates we pay to providers. And I am proposing that we continue the provider 15 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 assessment program that has prevented drastic rate reductions. Some may disagree with our proposals. But what about the alternatives? Are we willing to eliminate medical benefits to 15,000 people who are among the aged, blind and disabled? Are we going to cut off the funding that currently provides nursing home care for 17,000 people? Where would they go? Are we willing to cut $300 million that helps provide pharmaceuticals for low income Illinoisans? I rejected those draconian alternatives in this budget. And I can't believe that this Legislature would ever embrace them. This budget incorporates what I think is the most common sense approach toward continuing to provide medical care for 1.5 million Illinois citizens, most of them children. And, in the final analysis, I believe you will agree with me. We will also continue to protect children in other areas. In the Department of Public Health it will expand its inoculation program, providing an additional 200,000 doses of free vaccine against disease. We will expand our screening program for lead poisoning and assist some households in reducing the menace of lead poisoning in their homes. This budget also protects children and their families from the gangs and violence that have shattered the peace and security of their communities. During the last four years, this administration has opened 1,900 new prison beds. By July of 1996, we will open another 3680 adult inmate beds to house the criminals who have violated the laws of society. We will also open a 30 bed secure facility to house dangerous juveniles aged 10 to 12 and a 100 bed juvenile boot camp at Murphysboro. And, recognizing that many crime problems are linked to the abundant abuse of drugs and alcohol, this budget increases our commitment to prevention and treatment 16 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 of substance abuse by $3 million. At the same time, we are increasing the presence of law enforcement in Illinois communities. Last year, we graduated the first class of state police cadets in four years. We will add another 45 state troopers through a cadet class set to begin in October. In addition, we are taking 45 other state troopers off their desk duty where civilian employees can handle the responsibilities and putting them back on patrol. This budget also protects our natural resources. I am recommending we use $3.5 million to launch Conservation 2000 to preserve our natural resources and enhance our opportunity for outdoor recreation. I am recommending we use another $2.5 million in bond funds to begin the development of Site M in Cass County, preserving critical natural habitat within its 15,000 acres and developing a lake, trails and camping facilities. The Department of Agriculture will use nearly $2 million in Conservation 2000 funding to promote further efforts to reduce soil erosion. Agriculture is a vital part of both the past and the future of Illinois. Today I am proposing we use $3 million to expand agricultural and food research at Illinois universities. This state now ranks fourth in the nation in gross agricultural production. We need to commit ourselves to maintaining our national prominence in food production. And to assuring our agricultural economy remains strong and vibrant. In addition, this budget provides 1.5 million dollars for a Brownfield program to help local governments reclaim and redevelop abandoned industrial sites. This budget protects our past and builds for our future. It includes $1.1 billion for highway improvements that I will announce in a few weeks, as well as $212 million for mass transit systems throughout Illinois. It targets the 17 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 completion of the study for a third regional airport in the Chicago area to relieve mounting air traffic congestion and provide immense opportunity for economic growth. It offers expanded export assistance to the private sector in our efforts to attract and keep world class jobs in Illinois. And I'm proud to say, this budget includes $90 million needed to keep a solemn commitment we made a year ago, a commitment to assure that state pension systems are adequately funded. As we set our budget priorities, the question we must ask ourselves is where we want Illinois to be as we prepare for the challenges of the next century. This budget moves us forward in the direction I have charted for Illinois. A direction that promotes top grade education with stable funding and improved classroom results. Compassionate care for those who truly need government assistance. A modern infrastructure that fosters the growth of business. A sense of fiscal responsibility that rewards efficiency. And discourages unnecessary government bureaucracy and interference. A disciplined regimented of not spending money we don't have. And spending what we do have wisely. And above all, above all else, a direction for Illinois that promotes a better life, a better future for our children. This budget balances our resources with the needs of our citizens. It prepares us today to boldly confront the challenges of tomorrow. With hope, with self assurance, with knowledge. And because of our planning and preparation, generations to come will be proud to call Illinois their home, just as we are today.

Thank you. Speaker Daniels

Thank you. Speaker Daniels: "Thank you, Mr. Governor. Will the Committee of Escorts please come forward to escort the Governor from the chambers? I would like to recognize the presence of the 18 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 Comptroller of the State of Illinois, Comptroller Lolita Didrickson. The President of the Senate is recognized for a Motion."

President Philip

"Thank you, Mr. Speaker. I move that the Joint Session now do arise."

Speaker Daniels

"The President of the Senate as moved that the Joint Session does now arise. All those in favor signify by saying 'aye'; opposed, 'nay'. The 'ayes' have it. And the Joint Session will now arise. Representative Brunsvold."

Brunsvold

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Democrats would like to caucus at 2:00p.m. in Room 118 please. Democrat caucus at 2:00 p.m. in 118."

Speaker Daniels

"You want to caucus at 2:00 p.m., Sir?"

Brunsvold

"Yes, at 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 Association, Chiefs of Police, Sheriff's Association, and school officials. What it does in essence is, it provides the sharing of information of law enforcement records...provides access to records to local school officials. When specific offenses are committed, unlawful use of a weapons offenses, anything Illinois...anything under the Controlled Substance Act, the Cannibus Control Act, forcible felonies or any violations of the Liquor Control Act. I think that pretty much explains it. I'll try to answer any questions, if there are any."

Speaker Daniels

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

Dart

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

Speaker Daniels

"Indicates he will."

Dart

"Representative, originally when this Bill was in committee, there was a provision in there dealing with expanding the amount of time for detention. Is that still in here or not, or is that gone?"

Speaker Daniels

"Representative Cross."

Cross

"Representative, that is still in here. It went from the time...it went from 15 to 30 days and that was not taken out. I...and it still is in there, yes."

Speaker Daniels

"Representative Dart."

Dart

"Okay. In...just for my understanding, correct me if I'm wrong on this one, what that provision...what that provision would do then it would allow the state's attorney to petition the court to keep the juvenile in detention from...as opposed to 15 days it would be up to 30 days now. Prior to the judicatory hearing?"

Speaker Daniels

"Representative Cross."

Cross

"I think I understand your question, Representative. It would be at the request of the states...this is a...this is 20 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 something the States Attorney's Association wanted, give them more time to prepare their case and it would be at their request."

Speaker Daniels

"Representative Dart."

Dart

"You know, Representative...just seriously...just so I can get a better understanding. Can you explain to me how that would work exactly? I mean with the expansion of it? The States Attorney has to request it to the judge or can you just give me an idea of how that would physically work?"

Speaker Daniels

"Representative Cross."

Cross

"Representative, what it...I mean, in essence or bulk or bottom line is it gives the States Attorney the 30 days instead of 15. I don't even...there isn't any procedural step the States Attorney's office needs to take under the Bill, it just says, you now have 30 days instead of 15 to proceed with your case. And if I was, if I was unclear earlier in explaining that I'm sorry but it just gives it more time."

Speaker Daniels

"Representative Dart."

Dart

"Now is this the result...have there been problems with...with the States Attorney able to prosecute these cases in time or what is the genesis of this?"

Speaker Daniels

"Representative Cross."

Cross

"Representative, that was the...what I was told from the States Attorneys Association. And if you'll...on page 6 of the Bill all we're doing...all we did was amend the 15 days to the 30 days. That was the only change in that section on this. And it is the feeling of some States Attorneys that they haven't had time to get their cases ready."

Speaker Daniels

"Representative Dart, you will recall this matter is on Short Debate. Okay. Representative Dart."

Dart

"Okay. I only have a couple more questions. 21 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 Representative... Mr. Speaker, we would ask to take it off of Short Debate, I have seven Members joining me."

Speaker Daniels

"Fine."

Dart

"Thank you."

Speaker Daniels

"Representative Dart."

Dart

"I only have a few more questions though. Representative, is there been any discussion with the county officials as to how this would impact their detention facilities where we're allowing juveniles to be detained. We're basically doubling the amount of time that they can be detained in juvenile facilities. What the impact would be on the juvenile facilities, which I know in Cook County our is beyond capacity it's always at least a couple hundred kids over and I know out in your area we we're talking about building a regional facility and things like that. Is there any idea of how much...(a) what the county officials feeling are about this, not the county States Attorneys, but the county officials who get stuck with these kids for the extra days and (b) would there be an estimate on the cost or anything along those lines?"

Speaker Daniels

"Representative Cross."

Cross

"Representative, I have not heard from any...any Members from any county organization or association. I haven't heard from anyone locally or there wasn't anyone in committee. This doesn't automatically say to the States Attorneys, you have 30 days. If they want 30 days, as you know, they can do it earlier and sure when they can they will. The goal is to give them the adequate time to adequately prepare their case. You raise a good question. I understand that and we're trying to address that. The detention problem in other areas. But I've heard no opposition from any county officials." 22 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day

Speaker Daniels

"Representative Dart." March 1, 1995

Dart

"Is the...is the Cook County Board made...called you or made any statement whatsoever on this thing?"

Speaker Daniels

"Representative Cross."

Cross

"Representative, I have heard from absolutely no one opposition wise on this."

Speaker Daniels

"Representative Dart."

Dart

"Just a final question. As far as now the reporting provisions of this. This is...if you could explain in just a little bit more detail. This sort of expands on a Bill that I believe I Co-Sponsored with you last year. Can you just explain how that part of it works?"

Speaker Daniels

"Representative Cross."

Cross

"Representative, as you know, about two years ago we introduced a Bill that had passed that said, 'law enforcement and school officials have to share information back and forth'. It was very general and it just said that each municipality should work with...should establish a reporting system in sharing this information. If a kid at school gets in trouble and they don't report it to the States Attorney's Office, they, you know, in asking for a criminal offense to be filed they should at least share with them the information about that. Law enforcement has...in sitting up these receptacle reporting agreements, has felt like under the current statute that their hands are tied about what they can or cannot give the local schools. Our language was fairly broad in general and the reciprocal reporting agreements have been set up. But law enforcement says they need this, when I say law enforcement, Chiefs of Police, States Attorneys and Sheriffs need this to allow them under the confidentiality section to give them the information that we've talked 23 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day about."

Speaker Daniels

"Representative Dart."

Dart

"Thank you. No further questions."

Speaker Daniels

March 1, 1995 "The Gentleman from St. Clair, Representative Hoffman."

Hoffman

"Will the Sponsor yield?"

Speaker Daniels

"Indicates he will."

Hoffman

"Thank you, Mr. Speaker. With regard to the increase in the days for the juvenile detention. adjudication, is that right, Sir?"

Speaker Daniels

"Representative Cross." Cross: That is just for "Representative, if you...if you look at page 6 on the Bill, at least the original version I had, all it does is change the 15 days to the 30. From 15 to 30 on a judicatory hearings, having them."

Speaker Daniels

"Representative Hoffman."

Hoffman

"What is the practical affect of that change? Wouldn't it increase the overcrowding that presently exists in the juvenile detention centers?"

Speaker Daniels

"Representative Cross."

Cross

"The practical affect, Representative, is it allows...it gives States Attorneys adequate time...adequate time to prepare their cases. Their concern is with 15 days they don't have time to put a felony case together and this gives them a little more time."

Speaker Daniels

Hoffman

"Representative Hoffman." to "However, it does not increase the amount of time dispositionally that an individual can be sentenced to in order to serve...in order serve a sentence in the department or in the detention center, a local detention center. Is that right? This is just pre-adjudicatory time." 24 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day

Speaker Daniels

"Representative Cross." March 1, 1995

Cross

"That's all we're talking about, you're right."

Speaker Daniels

"Representative Hoffman."

Hoffman

"With regard to this Bill. Are there any safeguards to insure the school officials, who receive this information, will not be allowed to give it out to any other agencies, individuals, other parents of other students. In other words, are there safeguards to insure that this is only utilized to insure the safety of students while they are at school and not to be used for any other purpose?"

Speaker Daniels

"Representative Cross."

Cross

"Representative, under the current statute of the confidentiality involving juveniles, you're prohibited in most instances of sharing any information. This does not...other than allowing law enforcement to go directly to schools that's the only expansion of this. The schools do not have any authority to share this with anyone else, under this Bill."

Speaker Daniels

"Representative Hoffman."

Hoffman

"Under this Bill, would a law enforcement official include probation officers so that if an individual is on juvenile probation and is in school? As a former director of probation, one of the problems that we always had was that we had a difficulty telling...we were not allowed to tell school officials certain information. Many times it is a positive approach and it aids in the probation period to be able to go to schools, to be able to say hey we want to get the school records, we want to insure the child is going to schools and in addition to that we want for the basis of insuring the safety of children. We want to...we want to be able to tell school officials this information. In other words, when an individual is on probation I would 25 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day see that this would be a positive March 1, 1995 approach to allow probation officials in order to share this information. Are they considered law enforcement officers under this Bill?"

Speaker Daniels

"Representative Cross."

Cross

"Representative, I...it's a good question and I don't know specifically under this Bill...it's not under this Bill. Probation officer under this Bill is not defined. All this Bill amends is the confidentially of law enforcement records portion of the statute. And it's a matter of just sharing the records. I guess to address your concern and it is a good one. Probation could ask law enforcement or the local law enforcement agency to share that information...to give that information to the schools. And if they don't I'd be willing to, it's a good issue, and I would be willing to talk to you about it later."

Speaker Daniels

"Representative Hoffman."

Hoffman

"What I'd like to do, Representative is, potentially address that issue. I think it is very important because we ran into those types of problems. And if we're going to do this and I am for your Bill. If we're going to do this I would like to expand it to make it really useful in the law enforcement community, probation being part of that law enforcement community. Two more questions, is there anything in this Bill regarding truth and sentencing, Representative?"

Speaker Daniels

"Representative Cross."

Cross

"I couldn't hear what you asked, Jay."

Speaker Daniels

"Ladies and Gentlemen. Can we break up the caucuses please? Members, please be in their seats. Will the staff please retire to the rear of the gallery? The rear of the chambers. Okay. Representative Hoffman could 26 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 you repeat the question?"

Hoffman

"Yes, Representative. Is there anything in here regarding truth and sentencing?"

Speaker Daniels

"Representative Cross."

Cross

"No."

Speaker Daniels

"Representative Hoffman."

Hoffman

"Anything in this Bill that would put more police on the streets?"

Speaker Daniels

"Representative Cross."

Cross

"No."

Speaker Daniels

"Representative Hoffman."

Hoffman

"Well, Representative I'm going to vote for your Bill. But here we are again the second, I assume, this is still part of your fast track legislation. No truth and sentencing, no more cops on the streets. The two most important things I believe in addressing crime in the State of Illinois. So I would just ask that maybe, possibly you remove this. Move it back to second, let's put on truth and sentencing, let's have truth and sentencing in Illinois, let's put more cops on the streets and let's have something that really addresses the crime problem in Illinois."

Speaker Daniels

"The Gentleman from Cook, Representative Lang, is recognized."

Lang

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

Speaker Daniels

"Indicates he will."

Lang

"Thank you. Representative, what do intend that the schools will do with this information when they get it?"

Speaker Daniels

"Representative Cross."

Cross

"Well, Representative, the idea is to insure the safety of others...all the students and personnel and faculty at the local school." 27 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 24th Legislative Day

Speaker Daniels

"Representative Lang."

Lang

"Well, how will they do that? Let's assume that one of the...one of the things that they would report would be unlawful use of weapons. So let's assume a juvenile under these circumstances had such a record and it was sent to the school. What would the school do it to protect other students and teachers by use of that information?"

Speaker Daniels

"Representative Cross."

Cross

"Well, Representative, the idea of this Bill is to encourage communication between law enforcement and schools. So that they can work together to address gang problems. In my community, I don't know about yours, and the biggest impact of this is to make sure that whatever...what the kids are doing in the street that the law enforcement is addressing that the schools know about what these kids are doing. And that's the simple version of what this does."

Speaker Daniels

"Representative Lang."

Lang

"Is there any limitation in this Bill as to what the schools can do with the information? For instance, can they post it on a bulletin board?"

Speaker Daniels

"Representative Cross."

Cross

"Well, there's... Representative, as I said earlier to Representative Dart, there's nothing in here that gives them that authority other than to receive that information from the local law enforcement agency."

Speaker Daniels

"Representative Lang."

Lang

"Well, is there anything to prohibit it? In fact, is there anything in this Bill that gives any guideline to the school district as to what to do with the documentation when they get it? Is there anything in here that requires that it be under lock and key? Is there anything in here 28 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 that keeps them from reading it over the intercom system?"

Speaker Daniels

"Representative Cross."

Cross

"Well, Representative, this Section of statute reads that, inspection and copying of law enforcement records maintained by law enforcement agencies that relate to a minor under 17 years of age shall be restricted to the following and there are about five or six areas, well there are about seven or eight in which you can share the information, this would be the seventh. And that's the extent of what this Bill does. And I...I think we have to assume and I...or presume that our local school districts are going to use some common sense. And I trust my local school district will do that, all of the local school districts in my district."

Speaker Daniels

"Representative Lang."

Lang

"Well, thank you. But I still don't understand, Representative. Let me ask you the question again. Is there any restriction here as to what the school district can do with the information when they receive it?"

Speaker Daniels

"Representative Cross."

Cross

"Representative, other than what I just said, that this information is confidential, not to be shared by others except those that are listed in this Bill and in the current statute. So I don't believe the school officials have the opportunity to share it with anyone else, outside the local school. Now if you think there's a need to be more specific I'd be glad to talk to you about that another time. But I think there's sufficient confidentiality protection in here."

Speaker Daniels

"Representative Lang."

Lang

"Well, thank you. There's clearly a need to be much more specific. Let me ask you this, will the student or the 29 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 24th Legislative Day student's parents get copies of these records that are going to the school?"

Speaker Daniels

"Representative Cross."

Cross

"No, Representative. And I might add that if you look at the Bill it talks about the different groups that can...that can have access to this information. For example, authorized military personnel, adult and juvenile prisoner review boards, states attorneys and other...we're trusting those agencies and those organizations to handle this information in a responsible manner without the restrictions you're talking about. I guess I don't see the need for further restrictions."

Speaker Daniels

"Representative Lang."

Lang

"Well, this wasn't a question about restrictions, this was a question, a simple question as to whether if the student's records are going to be sent to the school whether the student will get a copy of what's been sent to the school, so the student has the opportunity to go into the administration and make comment about it if the student or the student's parents wish to do so."

Speaker Daniels

"Representative Cross."

Cross

"Well, Representative, the student we're talking about has been arrested...I...he will get the copies of the records and the tickets or the petition when he's in court. So there's not a problem with the student not getting notified."

Speaker Daniels

"Representative Lang, you have 38 seconds left."

Lang

"Thank you. Mr. Speaker, Representative Ronan will yield her time to me."

Speaker Daniels

"Continue, Sir."

Lang

"Sir?"

Speaker Daniels

"When we recognize Representative Ronan she may 30 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 24th Legislative Day yield her time."

Lang

"All right. Thank you. That's fine. Representative, let me ask you, will the police be allowed to get school records about these students?"

Speaker Daniels

"Representative Cross."

Cross

"I didn't hear that, Mr. Speaker. I...are we on Short Debate or are we on long debate?"

Speaker Daniels

"They requested that it be removed from Short Debate, it's now on Regular Debate."

Cross

"Regular Debate."

Speaker Daniels

"Or lengthy debate."

Cross

"Lengthy debate."

Speaker Daniels

"Right."

Cross

"I didn't hear his last question."

Speaker Daniels

"He's out of time."

Cross

"Well good."

Speaker Daniels

"Now, Representative Lang, we want you to understand that in order to yield time, the person yielding the time has to be recognized to do that. The next person to be recognized is Representative Meyer. So, Representative Lang, can you bring your line of questioning to a close? Okay. Thank you. Representative Meyer."

Meyer

"Thank you, Mr. Speaker. I'd like to speak in support of this Bill. Ladies and Gentleman of the House. One of the most important elements of education, I believe, is to ensure that our children as they attend the schools that they have a safe environment in which to learn. And that safety should not only be for the students of the schools but also for those employed, the teachers, janitors, other individuals that are employed within the school. Currently many of us read in the newspapers where we have a student in a school that unbeknownst to the school administration 31 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 has been involved in criminal acts, very serious criminal acts. They enter a school system and at that point, quite often, the children of that school system are accosted, they sometimes are beat up, they're sometimes shot. And that is not a learning environment that is safe for our children. And I think this Bill moves in the right direction in terms of providing information to the school administration so that they can properly give guidance that student that might be coming into the school that might be guilty of some other serious crime. And yet...in the school system yet, I believe it allows the school administration to be able to identify that student, offer them additional school counseling, put them within programs that are available in our school systems today. And I strongly urge an 'aye' vote on this."

Speaker Daniels

"The Lady from Cook, Representative Ronen."

Ronen

"Thank you, Speaker. I'd like to yield my time to Representative Lang."

Speaker Daniels

"Representative Lang."

Lang

"Thank you, Mr. Speaker. And thank you Representative Ronen. Back to the Sponsor for some questions, Mr. Speaker. The question I asked you before, Mr. Cross, that you did not hear was, whether the police can get school records? If the school can get police records, can the police get school records?"

Speaker Daniels

"Representative Cross."

Cross

"Under this particular Bill there is no mention about that Representative. But in a prior Bill that really is the reason for this Bill, we established that each local school district in conjunction with their local law enforcement agency shall establish a reciprocal reporting system or agreement so they can share information. School districts 32 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 have been sharing the information to local...a certain amount of information or certain criminal activity. They have been telling law enforcement about. Law enforcement hasn't been sharing it back because they thought their hands were tied. Now there's nothing in here that allows for, if this is your question. That allows for school records, grades or whatever, to go to law enforcement. There's nothing in this Bill that addresses that."

Speaker Daniels

"Representative Lang."

Lang

"The Bill discusses the term 'appropriate school official'. Who would that be, Sir? It's not defined."

Speaker Daniels

"Representative Cross."

Cross

"Well, Representative, it's not defined in this Bill but once again it relates back to this agreement that's been set up by statute, the Reciprocal Reporting Agreement. And that's up to each local school and local law enforcement agency to establish these...these agreements. And what...how...who they deem appropriate that would be more of a local concern or a local issue."

Speaker Daniels

"Representative Lang."

Lang

"So, when each of these reciprocal agreements is set up between a school district and a police department, they would have to name who those appropriate school officials are?"

Speaker Daniels

"Representative... Representative Cross."

Cross

"Representative, there's nothing specific in this Bill or the other one I'm referring to. It's going to depend on what...how they name...how they come up with their own agreement. For instance, in my county all the principals and superintendents have been meeting with our States Attorney's office and sheriffs and Police Chiefs. They have come up with an agreement of how they're going to 33 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 share information. In that specific of an agreement is where the appropriate school official shall be...is determined. There's nothing in this Bill that addresses...defines appropriate."

Speaker Daniels

"Representative Lang."

Lang

"However, does the Bill require that these reciprocal agreements specify who those people are? Well, if it does not, I see you shaking your head, then it could be a janitor, it could be the school nurse, it could be a social studies teacher, it could be the superintendent. How are we suppose to determine who this person is, Sir?"

Cross

"Well, Representative, I guess it could be any of those people but, what on earth are we suggesting that our local law enforcement agencies and our local schools can't come up with some common sense as to whose going to be the appropriate school official? Do you really, really think that the Chicago school district or the Yorkville school district's gonna say, 'Let's send all those records to the janitor'? Do you really think in reality that's gonna happen?"

Speaker Daniels

"Representative Lang."

Lang

"Well, I don't know. You don't trust these people to levy property taxes so apparently you may not trust them to do this job either. Let me go on. Amendments 5 and 6 that were filed on this Bill... Amendment 5 dealing with more police on the street and Amendment 6 dealing with truth in sentencing, were these heard in committee, Sir?"

Speaker Daniels

"Representative Cross."

Cross

"I don't remember, Representative."

Speaker Daniels

"Representative Lang."

Lang

"Well, do you support these Amendments, Sir? I mean perhaps they were filed on this Bill. Perhaps we can add 34 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 these to the Bill right now. You're the chief Sponsor of the Bill. With your approval, we can probably do that."

Speaker Daniels

"Representative Cross."

Cross

"If I'm not mistaken, Representative, the Judiciary Law Committee as a Criminal Committee, excuse me, has a Subcommittee that's been assigned the task of addressing truth in sentencing. Now I'm just trying to establish a way for schools and law enforcement to work together to make our communities safer and I think this helps do that. I'll be glad to talk to you about truth in sentencing another time, maybe in that Subcommittee."

Speaker Daniels

"Representative Lang."

Lang

"Thank you. To the Bill, Mr. Speaker, I thank Mr. Cross for his non-answers. Mr. Speaker, Ladies and Gentlemen of the House, I have no problem with safety in the schools. I think we should be encouraging that. But this Bill is very vague, it leaves too many loopholes, there are certain problems with the transmission of the information. And I'm not gonna rant and rave about how bad the Bill is but I think it's too vague to vote for and therefore, I would recommend 'present votes'."

Speaker Daniels

"Representative Johnson. The Gentleman from Champaign."

Johnson

"I don't know that it's necessary but if it is, I move the previous question."

Speaker Daniels

"You heard the Gentleman's Motion, move the previous question. All those in favor signify by saying 'aye'; opposed, 'nay'. The 'ayes' have it. The previous question has been moved. Representative Cross to close."

Cross

"Thank you, Mr. Speaker. Very briefly, this is very simple Bill, a very simple concept. It allows law enforcement or gives law enforcement the ability and the 35 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 opportunity to share information with their local school districts. If we are gonna address the crime problem at a local level, we have to ensure that law enforcement and school officials work together. This Bill allows that. It's a very simple concept and it's one that I think deserves a 'yes' vote. And I would appreciate your support. Thank you very much."

Speaker Daniels

"Question is 'Shall House Bill 115 pass?' All those in favor vote 'aye'; opposed vote 'nay'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Clerk, will take the Record. This question there are 98 'ayes', 6 voting 'no', 8 voting 'present'. This Bill having received a Constitution Majority, is hereby declared passed. House Bill 270. Mr. Clerk, read the Bill. Representative Churchill in the Chair."

McLennand

"House Bill 270, a Bill for an Act that amends the Sanitary District Act of 1917. Third Reading of this House Bill."

Speaker Churchill

"The Gentleman from Vermilion, Representative Black."

Black

"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 270 was brought to me by my local Sanitary District, the Danville Sanitary District. They went through a flood last April that wiped out their plant, took it completely off line. They have been extremely happy with their Chief Administrative Officer and his attempts to rebuild this plant. And it still is not back on line 100%. They wanted to lock in this Administrative Officer for a four year term of employment thinking that, that would probably take him up to retirement and that he 36 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 would have done such an outstanding job, they simply didn't want somebody to be able to come in and perhaps entice him to leave. That's all this Bill does. It says the, it allows the Sanitary District Board of Trustees to appoint a Chief Administrative Officer for a maximum four year renewable term. That all it does. I've given you the genesis of the Bill and I'll be glad to answer any questions you might have."

Speaker Churchill

"Is there any discussion? The Chair recognizes the Gentleman from St. Claire, Representative Hoffman."

Hoffman

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

Speaker Churchill

"He indicates he will. Proceed."

Hoffman

"Representative, couldn't they do this any way? Why do we need a piece of Legislation to do this? It would seem to me that you could hire a Chief Administrative Officers simply by virtue of the fact that you are the Board and it would be incumbent upon the Board to have a Chief Administrative Officer in order to run the day to day operations. Why do we need this Bill? Can't you do this already?"

Speaker Churchill

"Representative Black."

Black

"In the opinion of the Chief Legal Council, the Danville Sanitary District, and those people that we entrust with that information, the statute was silent and no, they could not."

Speaker Churchill

"Representative Hoffman."

Hoffman

"Well, I submit to you, although I don't want to disagree with a fellow member of the Bar. I would think that they probably already have this ability. Representative, why do we need to put a four year term? Couldn't we just let each individual, Sanitary District 37 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 Board of Trustees make a determination on a yearly basis as to how long an individual Chief Administrative Officer would serve?"

Speaker Churchill

"Representative Black."

Black

"I think since this was generated by my local Sanitary District. The four year contract would enable them to lock in their current Administrative Officer probably, through his retirement age. I think if you go beyond four years, obviously you're going to have some problems."

Speaker Churchill

"Representative Hoffman."

Hoffman

"Yes, to the Bill, Mr. Speaker. I see no problem with this Bill. I don't understand exactly why it is needed, however, I'm gonna vote in favor of the Bill. I understand what the Gentleman wants to do. I once again think that this is just surplusage and feel as though that we don't need this Bill, that they probably could have this power already."

Speaker Churchill

"Is there further discussion? The Chair recognizes a Gentleman from Effingham, Representative Hartke."

Hartke

"Thank you, Mr. Speaker and Members of the House. Will the Sponsor yield?"

Speaker Churchill

"He will yield."

Hartke

"Representative Black, in committee we talked about some of the things. Have you had an opportunity to find the answers to the questions that I asked you in committee?"

Speaker Churchill

"Representative Black."

Black

"Yes. As I've discussed with you and you indicated that that wasn't an issue with you, I think I have all of your questions answered except his yearly salary. I do not know what that is."

Speaker Churchill

"Representative Hartke." 38 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995

Hartke

"One of the questions that I had was the Trustees. Do you recall how many Trustees there are?"

Speaker Churchill

"Representative Black. Representative Black."

Black

"Five. Five Trustees."

Speaker Churchill

"Representative Hartke."

Hartke

"Yes, and these Trustees are appointed by the County Board. Is that correct?"

Speaker Churchill

"Representative Black."

Black

"To the best of my knowledge, majority is, I think three are appointed by the Mayor of the City of Danville, two by the County Board Chairman. And I may have that backwards."

Speaker Churchill

"Representative Hartke."

Hartke

"Yes, that's fine. I'm in agreement with this Legislation and it's just my concern that, that possibly prior to the expiration of the appointment of the terms of these Trustees that they may extend a Contract sometime. But, I'm willing to give the local authority the benefit of the doubt that they will use sound judgment in their, their appointment of their Administrator and the giving of the contract for a four year term. I have no problem and I stand on supporting this piece of Legislation."

Speaker Churchill

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

Black

"Thank you, thank you very much Mr. Speaker and Ladies and Gentleman of the House. This Bill had a very fair and thorough hearing in committee. I think you've heard the debate today. I simply ask for your 'aye' vote."

Speaker Churchill

"The question is, 'Shall House Bill 270 pass?' All those is favor will vote 'aye'; all those opposed will vote 'nay'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the Record. On this 39 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 question, there are 114 'ayes' and no 'nays'. And this Bill having received a Constitution Majority, is hereby declared passed. House Bill 481, Representative Saviano."

McLennand

"House Bill 481, a Bill for an Act that amends the Illinois Athletic Trainer's Practice Act. Third Reading of this House Bill."

Speaker Churchill

"Representative Saviano."

Saviano

"Thank...thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 481 is a Bill that came out of committee with a unanimous vote in favor. It's a Bill that the Department of Professional Regulation has signed off on. It's really changing some of the semantics of the ...."

Speaker Churchill

"Is there any discussion? The Chair recognizes a Gentleman from Clinton, Representative Granberg."

Granberg

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

Speaker Churchill

"He indicates he will."

Granberg

"Representative Saviano, is there any opposition to your Bill?"

Speaker Churchill

"Representative Saviano."

Saviano

"No Sir, Representative Granberg. I think that maybe we should yield to Representative Brunsvold and he could probably give us a little bit more insight into this Bill."

Speaker Churchill

"Representative Granberg. Okay, there's no further question. Representative Granberg, do you have something further to say?"

Granberg

"Representative Brunsvold, I asked Representative Saviano if there was any known opposition to this matter. It's my understanding it came out of Committee in a unanimous fashion. And it had a thorough hearing and you've been involved with the negotiations on this 40 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 Legislation. Is there any opposition 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 Bill is off Short Debate, Representative Saviano. I hope you noticed that your good friend Representative Granberg wishes to ask further questions. Representative Granberg."

Granberg

"Representative Saviano, is this your first Bill?"

Speaker Churchill

"Representative Saviano."

Saviano

"No."

Speaker Churchill

"Representative Granberg."

Granberg

"Representative Saviano, I don't believe this constitutes a mandate on our local school districts. Is that correct? This is not a mandate?"

Speaker Churchill

"Representative Saviano."

Saviano

"We got a response on the state mandate's fiscal note and no it doesn't qualify."

Speaker Churchill

"Representative Granberg."

Granberg

"Thank you, Representative Saviano. I have no further questions, Mr. Speaker. Thank you very much." Speaker

Churchill

"Is there any further discussion? Representative Saviano to close."

Saviano

"I would ask for a favorable vote. Thank you."

Speaker Churchill

"The question is, 'Shall House Bill 481 pass?' All those in favor will vote 'aye'; all those opposed will vote 'nay'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the Record. On this question, there are 113 'ayes'; no 'nays', and 2 voting present. This Bill having received a Constitution Majority, is hereby declared passed. Representative Ryder on House Bill 561."

Ryder

"Thank you, Mr. Speaker."

Speaker Churchill

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

McLennand

"House Bill 561, a Bill for an Act that amends the Illinois Insurance Code. Third Reading of this House 42 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 24th Legislative Day Bill."

Speaker Churchill

"Representative Ryder."

Ryder

"Thank you, Mr. Speaker. This Bill which came out of committee unanimously indicates that two small changes in Illinois Insurance Law. In approximately 1991, we went into the Insurance Premium Payment process by restricting that some agencies were bypassed when premiums were paid. That was a direct result of some rather unscrupulous folks in the auto insurance who were financing those payments but not making the payments to the insurance company. We were right when we did it, but we went too far and placed restrictions on the manner in which premium insurance can be paid by having business insurance included. This excludes business insurance and makes it permissive to pay through the agent. And the second part is that under current law, Illinois requires out of state agents who write on an Illinois policy to get a sign off through an Illinois agent. I suppose at one time it was meant to hopefully provide an insurance premium benefit to the Illinois agent. Now it's become more of a hassle than any compensatory effort and it has resulted in the Illinois agents being forced to get the same kind of reciprocal agents in out of state. As a result this would eliminate or repeal that provision." Speaker Churchill; "Is there any discussion? The Chair recognizes a Gentleman from Cook, Representative Lang."

Lang

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

Speaker Churchill

"Indicates he will."

Lang

"Thank you. Thank you, Representative. Relative to the original Bill, the delivering of the premium checks to the producer, what...is there any limit here as to how long the producer can hold the checks before they transmit 43 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 commissions to the agent?"

Speaker Churchill

"Representative Ryder."

Ryder

"This Bill does not reflect the time period and it only, as you indicated in your question and I'll simply add, it's a permissive. They may do it this way or they may bypass and send it directly to the insurer. I don't know if the current Illinois law has a time restriction. I believe the duty is with the agent. If the premium is paid, the agent is then required to in a timely fashion, submit it to the insurer so that coverage can continue."

Speaker Churchill

"Representative Lang."

Lang

"Would you be willing to take a look at this as the Bill moves to the Senate to insure that there's a timely payment to the agents of whatever is due and owing to them. If it's already in the law, fine. I just want to make sure that some insurance company can't withhold checks from an agent or some premium finance company that has a particular problem with an agent, just bypass them and maybe they won't get their commission. Will you just take a look at that?"

Speaker Churchill

"Representative Ryder."

Ryder

"Representative, I'll be happy to look at that, but I remind you that it's permissive so that premium insurance company...finance company, does have problems with the agent, even if after this law is passed, they would still be able to bypass the agent because it's only permissive that they can pay. In some cases the agents prefer it that way. Obviously, a commission would be part of that but the other is that the premium finance company is usually set up because the cost is perhaps too much to pay all at one time so they pay on a monthly basis and if it goes directly to the insurer, then the agent is not able to determine if 44 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 it's paid promptly each month. So I think we're trying to get to the same conclusion. And I'll be happy to look at that item that you request."

Speaker Churchill

"Representative Lang."

Lang

"Thank you. Because as you can tell, I just want to make sure perhaps some agent somewhere will have some dispute with a premium finance company and then they will fail to pay him for other reasons, personal or personality disputes. So if you'll take a look at it, I'd appreciate it. Relative to the Amendment that you added to the Bill, can you give me some background as to why we want to make this change so that the countersignature is unnecessary?."

Speaker Churchill

"Representative Ryder."

Ryder

"The major reason that we wish to do it is the agents that have talked to me indicate that it does not produce income and as a result, the hassle is not worthy of any compensation that it has but more importantly what it does is cause other states to then create their own reciprocity requirements so that Illinois agents are then penalized as well. So it's an attempt to try to free up enterprise rather that put unnecessary restrictions. In addition to that, this provision was eliminated in workman's compensation SO that deluded it. Further, facsimile signatures, either stamps or otherwise, have been allowed. So the validity or the necessity has been so deluded that it's now decided it's just simply not something we need to have in law and it does open up Illinois agents to then ask that the reciprocity be waived in other states as well."

Speaker Churchill

"Representative Lang."

Lang

"So it would be fair to say that the agents are supporting this Bill?"

Speaker Churchill

"Representative Ryder. Representative Lang, 45 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day would you repeat not hear you." March 1, 1995 the question? Representative Ryder did

Lang

"Sure. The question is, 'Are the agents supporting this Bill?'"

Speaker Churchill

"Representative Ryder."

Ryder

"Yes, it's not only fair to say that I can officially say it. At least the professional and the independent insurance agents have indicated their support for the Bill."

Speaker Churchill

"Representative Lang."

Lang

"Thank you, Mr. Ryder. I'm prepared to support your Bill. Thank you very much."

Speaker Churchill

"Is there any further discussion? If there's no further discussion, the Chair recognizes Representative Ryder to close."

Ryder

"Thank you. I would ask for your support and I would draw the attention of the previous inquisitor to 2151LCS5/505.1 which talks about license suspensions or denials for agents who willfully withhold funds that are meant for premiums. Thank you, Mr. Speaker."

Speaker Churchill

"The question is, 'Shall House Bill 561 pass?' All those in favor will vote 'aye'; all those opposed will vote 'nay'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the Record. On this question, there are 113 'ayes', no 'nays', and no 'present'. This Bill having received a Constitutional Majority, is hereby declared passed. House Bill 573."

McLennand

"House Bill 573, a Bill for an Act that amends the Illinois Municipal Code. Third Reading of this House Bill."

Speaker Churchill

"Representative Biggins." 46 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day Biggins: Mr. Speaker, March 1, 1995 "Thank you, Ladies and Gentlemen of the House. House Bill 573 amends the Municipal Code that provides that each Municipality may use the provisions of the Act to expedite the removal of certain buildings that are a continuing hazard to the community. This law now is in place for communities of 25,000 or more and we want to let it include all the communities in our state. So even those under 25,000 would now be included under the Act."

Speaker Churchill

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

Lang

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

Speaker Churchill

"He indicates he will. Proceed."

Lang

"Thank you. Representative, are you simply doing here what we did for Chicago, previously?"

Speaker Churchill

"Representative Biggins."

Biggins

"Yes, Representative."

Speaker Churchill

"Representative Lang."

Lang

"And then we extended this to all cities over 25,000. So you're just going across the board with this same kind of fast track demolition. Is that correct?"

Speaker Churchill

"Representative Biggins."

Biggins

"In a word, yes."

Speaker Churchill

"Representative Lang."

Lang

"And there are no other changes in what is being done today in Chicago that you're proposing for these cities?"

Speaker Churchill

"Representative Biggins."

Biggins

"To the best of my knowledge, no Sir."

Speaker Churchill

"Representative Lang."

Lang

"Thank you, I don't have any other questions."

Speaker Churchill

"Is there further discussion? The Chair recognizes the Gentleman from Clinton, Representative Granberg." 47 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995

Granberg

"Will the Gentleman, yield?"

Speaker Churchill

"He indicates he will."

Granberg

"I said Gentleman, not Representative Black."

Speaker Churchill

"He defines the word Gentleman, Representative Granberg."

Granberg

"Representative, I generally like the concept of this Bill. I just have a couple of questions. I do have a village of say 500 people. How would that impact the village, if they had no Administrative Body to do the fast track demolition, if they would not have to go into a Circuit Court?"

Speaker Churchill

"Representative Biggins."

Biggins

"Representative, I don't think it matters if they have 500 people. The point is it includes all the Municipalities in the State."

Speaker Churchill

"Representative Granberg."

Granberg

"Well, Representative, what happens in a small town, like in my area where you have a number of small towns, it doesn't matter the population but if they have no Administrative Body to conduct the fast track demolition. How would they handle this matter?"

Speaker Churchill

"Representative Biggins."

Biggins

"They would just handle it the same way communities over 25,000 currently handle it, Sir."

Speaker Churchill

"Representative Granberg."

Granberg

"Well, Representative a lot of small communities in downstate Illinois are not large enough to have Administrative Bodies and have the ability to do the fast track demolition. Who would be responsible for this in those bodies that aren't large enough to have a full time city administrator?"

Speaker Churchill

"Representative Biggins." 48 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995

Biggins

"Well, Representative the Illinois Municipal League also believes that the authority should exist to all these Communities statewide."

Speaker Churchill

"Representative Granberg."

Granberg

"Representative, the questions is still the same. What happens in these small communities who don't have the financial ability to hire a city administrator? What do they do then with the fast track demolition authority?"

Speaker Churchill

"Representative Biggins."

Biggins

"They probably would make a fast track application Sir, for the approval so they could demolish this facility."

Speaker Churchill

"Representative Granberg."

Granberg

"Who would be in charge though, Representative, for these small communities across the state that don't have the financial worth all to have a city administrator in charge of these functions?"

Speaker Churchill

"Representative Biggins."

Biggins

"Sir, I think it would be the mayor or the village manager or whatever corporate authority exists within the municipality unless they have a fast track demolition expert on the staff of the municipality."

Speaker Churchill

"Representative Granberg."

Granberg

"Representative, I'm not necessarily opposed to you Bill, I'm just worried if we do the fast track demolition, you have a lot of rights that are impacted. So we are in favor of this but we just want to make sure that the safeguards are there for these small areas as I represent. For these communities to have this ability, do they just go with the fast track demolition and not by law with your legislation, who will be in charge of this? The mayor will be in charge of this?"

Speaker Churchill

"Representative Biggins." 49 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day

Biggins

"The law March 1, 1995 states that the Municipal Authority, Sir, whether it's a mayor or whether it's a manager, will be the determining power that allows the demolition to occur."

Speaker Churchill

"Representative Granberg."

Granberg

"So, hypothetically if you have a village of 500 people and you have the village president, as we have. That village president will then post the notice on the property? Post the notice on the property, this will be subject to fast track demolition?"

Speaker Churchill

"Representative Biggins."

Biggins

"Yes, Representative, that assumes that the notice can be posted on the property and that the building is not falling down as the notice is being fast trackly delivered to the property."

Speaker Churchill

"Representative Granberg."

Granberg

"So the one individual that village president can go to that property, post the fast track demolition notice. And then what would happen at that point, Sir?"

Speaker Churchill

"Representative Biggins."

Biggins

"Depending on how fast the demolition company can find their track to get to the site, they could start to demolish the building."

Speaker Churchill

"Representative Granberg."

Granberg

"Would there be any recourse for that property owner then to appeal that fast track demolition authority?"

Speaker Churchill

Representative Biggins."

Biggins

"Yes."

Speaker Churchill

"Representative Granberg."

Granberg

"Could you explain that to me, Sir? What would happen then if that property owner would like to appeal that decision?"

Speaker Churchill

"Representative Biggins." 50 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day

Biggins

"Representative, March 1, 1995 there's an application process that could start to repair the facility so that there wouldn't have to be fast trackly demolished and they can, in other words, make the property a lot hazardous."

Speaker Churchill

"Representative Granberg."

Granberg

"Representative Biggins, I'm looking at the time frame involved so hypothetically, the village president goes out to this property, posts the notice on the property, a fast track demolition. Can you just walk me through the scenario, then? What happens at that point if the property owner would like to make the repairs? What time frame is involved? What steps are involved for that person to correct the situation?"

Speaker Churchill

"Representative Granberg, you're down to about 10 seconds. You may need someone else to put their light on and let me address them at some point after Representative Biggins answers your question. answer the question."

Representative Biggins to Biggins

Representative Biggins to Biggins: "Okay, if the owner does not comply with the request, the municipality may proceed by notifying the owner and the public of the municipality's intent to demolish, repair, enclose, or remove and correct any health hazards. Within 180 days of such action, the municipality may file a notice of lien on the property for the work completed to bring the property into compliance. Did I speak too fast trackly for you, Sir?"

Speaker Churchill

"The Chair recognizes Representative Dart. Representative Dart yields his time to Granberg. Representative Granberg."

Representative Granberg

Representative Granberg: "Representative, I'm sorry I couldn't hear you when you gave that explanation. Could you please repeat that, Sir?"

Speaker Churchill

"Representative Biggins." 51 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day

Biggins

March 1, 1995 "Be happy to in true fast track fashion. If the owner does not comply with the request, the municipality may proceed by notifying the owner and the public of the municipality's intent to demolish, repair, enclose, or remove and correct any health hazards. Within 180 days of such action, the municipality may file a notice of lien on the property for the work completed to bring the property into compliance. Is that okay, Sir?"

Speaker Churchill

"Representative Granberg for another question."

Granberg

"Representative, could you please explain the provision, Sir. I mean this actually is a serious piece of legislation and we have a number of communities that are impacted by this. And I'm prepared to support it, I just want to make sure our small towns are safeguarded. Now, if you don't want to take yourself seriously, that's your business, but I have a lot of people to represent as does everyone else here. So, could you please explain that?"

Speaker Churchill

"Representative Biggins."

Biggins

"If the owner does not comply with the request, the municipality may proceed by notifying the owner and the public of the municipality's intent to demolish, repair, enclose, or remove and correct any health hazards. Within 180 days of such action, the municipality may file a notice of lien on the property for the work completed to bring the property into compliance."

Speaker Churchill

"Representative Granberg."

Granberg

"So, in Southern Illinois, Representative, where we have these small towns and hypothetically, the town of 500 people; how does that village president notify the public?"

Speaker Churchill

"Representative Biggins."

Biggins

"The municipality can either publish a notice in the 52 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 local newspaper or they can post notice around the town that such an action is being considered. Three prominent places would have to be posted at least."

Speaker Churchill

"Representative Granberg."

Granberg

"Representative Biggins, that's part of the point. In downstate, we don't have local papers in a number of these towns. So, if there is no local paper, can we...can that village preseident...is it sufficient to post the notice throughout the village?"

Speaker Churchill

"Representative Biggins."

Biggins

"Yes Sir, that's why the option is there for those Communities that don't have a local paper. The option of posting notice in three prominent places in town is provided for."

Speaker Churchill

"Representative Granberg."

Granberg

"Representative Biggins, I'm really not trying to belabor this, but if you could just point that out to me in the Bill where it provides that you can post the three sites within that town."

Speaker Churchill

"Representative Biggins."

Biggins

"I would be happy to, Sir."

Speaker Churchill

"Representative Granberg, did you find the part that you were asking about SO that Representative Biggins does not have to read through the whole Bill to find it?"

Granberg

"Representative Biggins, I believe if you would direct your attention to page 10, lines 23 on the provisions for notice. I don't see anything in the Bill, Sir, that says it can be posted in three public places in a village. It says it has to be mailed and published. So if there's no way to publish, how do you comply with the provisions?"

Speaker Churchill

"Representative Biggins." 53 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day Biggins: March 1, 1995 a section that "Representative, on page ll there's states that a statement that the property is open and vacant and constitutes an immediate and continuing hazard to the community. A notice shall be published for three consecutive days."

Speaker Churchill

"Representative Granberg, you're less that 40 seconds. Yes, Representative Granberg, you're on for question."

Granberg

"Thank you, Mr. Speaker. Representative Biggins, I think that applies to the publication section."

Speaker Churchill

"Representative Biggins."

Biggins

"Sir, the requirement to post in three places is already covered in other sections of the Municipal Code, Sir."

Speaker Churchill

"The Chair would recognize the Gentleman from Bureau, Representative Mautino. Representative Mautino yields his time to Representative Granberg. Representative Granberg."

Granberg

"Thank you. Representative Biggins, first of all you said it was in the Bill. You could post in three public places. That was in the Legislation. It is not in the Legislation. So could you tell me where it is in the Municipal Code, please?"

Speaker Churchill

"Representative Biggins."

Biggins

"Representative, I prefaced my discussion of this Bill to acknowledge that it amends is part of the Illinois Municipal Code already. I don't have the Illinois Municipal Code with me, but it's common knowledge that the posting requirement is necessary under the current Illinois Municipal Code."

Speaker Churchill

"Representative Granberg."

Granberg

"Representative Biggins, I don't know if it's common knowledge because you said it was in this Bill. You said 54 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 that provision was in this piece of Legislation. It is not. So, now you're referring to the Municipal Code. Could you just please tell me where it is in the Municipal Code? We want to go along with this Legislation, Sir, but there are a number of us who repress ent rural areas and this can have some dire consequences."

Speaker Churchill

"Representative Biggins."

Biggins

"Representative, there are a lot of things that are not in this Bill that are considered commonly known. The definition of a municipality is considered to already determine so that we don't duplicate all of the language that we had use of in this particular Bill or in any other Legislation as long as we are covering it under provisions of a certain Code.

Speaker Churchill

"Representative Granberg."

Granberg

"Representative Biggins, it provides for publication and written notification. I asked you, what happens if these areas don't have a local newspaper, which a number of our areas do not. We do not have local newspapers. You then said it could be placed in a public place in three different locations and that was in in your legislation. It is not in your legislation so could you please tell me where it's provided for in the Municipal Code? If it isn't, let's change it. Let's do it right. I just want to make absolutely sure that provision is taken care of so we don't have any problems in the future. We will do this. I just want to make sure the Bill is drafted correctly where it has no problems for our small towns."

Speaker Churchill

"Representative Biggins."

Biggins

"Representative, it's already in Illinois law. We're not duplicating Illinois law in this piece of legislation or any other piece of legislation unless you are in favor 55 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 of increasing the paper load on all legislation SO it encompasses every possible definition of every term that you may wish to see included in a piece of legislation."

Speaker Churchill

"Representative Granberg."

Granberg

"Representative, you told me it was in your legislation. It is not in your legislation. Now you say it's a matter of Illinois law. Just please tell me where it is in Illinois law. That's all I'm asking, Sir. Just please tell me where it is in the Illinois law."

Speaker Churchill

"Representative Biggins."

Biggins

"It's already part of Illinois law. It's in the Illinois Municipal Code, Sir. If you don't know where to go find it, I'd suggest you find somebody on your side to go find it."

Speaker Churchill

"Representative Granberg."

Granberg

"Representative, this is your legislation. You said it was in the legislation. It could be posted in three public places. You were reading through the Bill to make sure that was correct. You were incorrect. I respect that it happened. Now you tell me it's in the Municipal Code. Just tell me where it is in the Municipal Code. That's all. I mean you were talking about being a fast track. Is this that important? Let's just make it done. Let's just get it done right, Sir. That's all I'm asking. Just please point out to me where it is in the Municipal Code before we vote on this."

Speaker Churchill

"Representative Biggins."

Biggins

"It's in the Illinois Municipal Code, Sir."

Speaker Churchill

"Representative Granberg."

Granberg

"Just give me the citation, Representative Biggins. That's all I'm asking. If we're going to vote on this, but, all I'm asking for is the citation before we vote on 56 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day March 1, 1995 this Bill. That's all I'm asking. It should not be that difficult unless this thing is such paramount importance that is has to go out right now. All I'm asking for is the cite, Representative. In good faith, I'm asking in good faith, just provide me the citation and then we can move this Bill along and that's fine. We will not object to it from this side of the aisle. Just find me the citation, Sir, and that will take care of all my questions." Speaker Churchill STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day

Granberg

"Representative, March 1, 1995 thank you. Can you please provide me that citation, Sir? We'll be more that happy to support your Bill if you can merely provide me the citation."

Speaker Churchill

"Representative Biggins, for one last chance at the Municipal Code. Representative Biggins."

Biggins

"Representative, I would really hope you would join me after we adjourn here today and we will take you to the State Library. I'll show you in the Municipal Code where that language exists. But I really hope you vote for this Bill even without seeing that, on the good faith that you have in this Body and the fact that this Bill came out of committee with no, 'no' votes."

Speaker Churchill

"Representative Granberg."

Granberg

"Representative Biggins, that's fine. I would just like to see the provision. I know you're very well intention. We just want to make sure that this Bill goes out properly. That is all, Sir just to put it in good condition for passage. Because it is a good concept, it's a good Bill. Let's just make it in the best possible form. So, if you know for certain, I mean just give me the citation and that will ease all the problems. And we can do this, unless you want to hold this Bill over 'til tomorrow."

Speaker Churchill

"Representative Biggins."

Biggins

"Representative, it's my intention to ask the Chair to call this for a vote today but I will take your request and get you an answer for your problem and I hope you don't have difficulty tonight sleeping."

Speaker Churchill

"Representative Granberg."

Granberg

"Thank you, Mr. Speaker. I'm calling for a Democratic caucus at 2:00, Sir. Immediately. The Democrats should caucus." 58 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day

Speaker Churchill

March 1, 1995 "Representative Granberg, this was going to be our last Bill. We were going to have one quick Second Reading and we were going to recognize Representative Brunsvold for that purpose. Do you wish to do that right now and have us all come back? Or do you want to just wait until we finish this Bill? We're in the middle of a Bill, Sir. Representative Granberg."

Granberg

"Mr. Speaker, that request is in order to be done immediately and I would SO move that we go to caucus immediately. That will give Representative Biggins a time to find the citation. And I think that will appease all the parties involved."

Speaker Churchill

"Representative Granberg, it was our intention to go to Representative Brunsvold after this Bill for the purpose of your caucus. And you have the right to it and we certainly would give it to you. I just think it would be nicer for all the Members if they knew we were done for the House portion of today's Session and then they could go to committees when we were completed. Representative Granberg." Gran STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day

Speaker Churchill

Brunsvold?" March 1, 1995 "How long will your caucus be, Representative

Brunsvold

"About an hour, Mr. Speaker. We would like to caucus right now, please."

Speaker Churchill

"Representative Brunsvold, could you be back perhaps about ten minutes 'til three so we could finish up this Bill and conclude our floor business today?

Brunsvold

"Mr. Speaker, you know we'd try to do that but you know how caucuses are and I can't guarantee that we're going to be back at that time. We're going to be talking about some important issues and it may go over. I don't know, I can't say."

Speaker Churchill

"Okay, at this time the House will recess for the purpose of a Democratic caucus and if the Democrats could come back perhaps, a little around 3:00 o'clock. will come back into Session and conclude the Bill that We we're in the middle of debating. And we have one Bill after that and I then believe we will go to committees. So, there will be a recess for the purpose of a Democratic caucus."

Speaker Churchill

"The House will come to order. Introduction of First Readings."

McLennand

"Introduction First Reading of Bills. House Bill 2478, offered by Speaker Daniels, a Bill for an Act making appropriations to certain State agencies. House Bill 2479, offered by Speaker Daniels, a Bill for an Act to provide for the ordinary, contingent, and distributive expenses of the State Comptroller. House Bill 2480, offered by Representative Martinez, a Bill for an Act making appropriations. Senate Bill 103, offered by Representative Parke, a Bill for an Act to amend the Illinois Pension Code. First Reading of these House and Senate Bills." 60 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day

Speaker Churchill

March 1, 1995 "House Bills, Third Reading. Mr. Clerk, what is the status of House Bill 573?"

McLennand

"House Bill 573 has been read a third time."

Speaker Churchill

"On House Bill 573, the Chair recognizes Representative Biggins."

Biggins

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. As I was saying, I have provided Representative Granberg across the aisle with the exact citing in the State Municipal Code for the question that he had and I think I was awaiting further questions from Representative Granberg."

Speaker Churchill

"The Chair recognizes a Gentleman from Clinton, Representative Granberg."

Granberg

"Thank you, Mr. Speaker. I have one question. I don't believe there's a quorum present in the chamber. I'd like to do a quorum call, please."

Speaker Churchill

"Representative Granberg, Members have been flocking in since they heard your call for the quorum. Do you want to do a quiet little nose count and see whether it's necessary to proceed with this? Representative Granberg?"

Granberg

"Thank you, Mr. Speaker. Apparently, we have a different perspective. I don't see people flocking in here so I'd like to do the roll call, please."

Speaker Churchill

"Okay, the Members within his right, we'll proceed to a quorum roll call. Roll call is open. Please, press present. Recognize there are 61 people voting 'present' and SO a quorum is present. The Chair would recognize a Gentleman from Cook, Representative Lang. For what purpose do you rise?"

Lang

"Never mind."

Speaker Churchill

"The Chair would recognize a Gentleman from 61 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 Vermilion, Representative Black."

Black

"Yes, thank you very much, Mr. Speaker. An inquiry of the Chair."

Speaker Churchill

"State your inquiry."

Black

"In nine years of being here, this is the first quorum call I've ever heard. I just want one thing made clear. If you don't answer this quorum call, you don't get paid today. Is that correct? Oh, it doesn't make any difference. No, uh uh. Can't have it both ways. Can't have it both ways, guys. No."

Speaker Churchill

"Ladies and Gentleman, there was a Gentleman who purported to make a Motion who is not present. So, I guess the Motion fails because he is not present. Representative Biggins. Mr. Clerk take the Record. Record shows that there are 62 'presents', and a quorum is present. Representative Biggins, I believe we're in the middle of your Bill. What is your wish, Sir?"

Biggins

"Thank you, Mr. Speaker. I think I'd like to take this Bill out of the Record, please."

Speaker Churchill

"Second Reading. Mr. Clerk, please read House Bill 358."

McLennand

"House Bill 358 has been read a second time previously. A fiscal note has been filed as requested."

Speaker Churchill

"Third Reading. Mr. Clerk, are there any announcements?"

McLennand

"For tomorrow, in the Calendar, the House Executive Committee meets at 8:00 a.m. as posted. The Calendar is in error in listing at 8:00 p.m. committee meets at 8:00 a.m. as posted."

Speaker Churchill

"Are there any further announcements? Representative Lang."

Lang

"Thank you, Mr. Speaker. So that we can properly address 62 24th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 1, 1995 the issue of police on the street and truth in sentencing, I move and I'm enjoined by the appropriate number of my colleagues to go immediately to change the Order of business and go to the Order of Motions and I would demand a Roll Call Vote."

Speaker Churchill

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

Black

"Mr. Speaker?

Speaker churchill

"Yes, Representative Black."

Black

"Yes, I move the House stand adjourned."

Speaker Churchill

"You heard the Motion that takes precedent. Representative Black, now moves that the House stand adjourned until Thursday, March 2nd 1995 at the hour of 12:00 noon. All those in favor will signify by saying 'aye'; any opposed will say 'nay'. The 'ayes' have it and in the opinion of the Chair allowing for perfunctory time, the House now stands adjourned until Thursday, March 2nd, 1995 at the hour of 12:00 noon."

McLennand

"Perfunctory Session will be in order. Introduction of First Reading of House Bills. House Bill 2481, offered by Representative Churchill, a Bill for an Act in relation to state borrowing. House Bill 2482, offered by Speaker Daniels, a Bill for an Act making appropriations and reappropriations to various economic development agencies. House Bill 2483, offered by Speaker Daniels, a Bill for an Act making appropriations for the ordinary and contingent expenses of the Department of Mental Health and Developmental Disabilities. House Bill 2484, offered by Speaker Daniels, a Bill for an Act making appropriations and reappropriations to various environmental agencies. House Bill 2485, offered by Speaker Daniels, a Bill for an Act making appropriations and 63 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 24th Legislative Day reappropriations March 1, 1995 to various human services agencies. House Bill 2486, offered by Speaker Daniels, a Bill for an Act making appropriations and reappropriations to the Department of Transportation. House Bill 2487, offered by Speaker Daniels, a Bill for an Act making appropriations to various public safety agencies. Introduction - First

McLennand

Reading of House Bills. Clerk McLennand: "Introduction and First Reading. House Bill 2488, offered by Speaker Daniels, a Bill for an Act making appropriations for the Office of the State Treasurer. First Reading of these House Bills. No further business. The House Perfunctory Session stands adjourned. The House will reconvene on Thursday, March 2nd at the hour of 12:00 noon." 64 REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MARCH 01, 1995 95/05/03 10:55:50 HB-0115 THIRD READING PAGE 19 HB-0203 SECOND READING PAGE 3 HB-0270 THIRD READING PAGE 36 HB-0340 SECOND READING PAGE 3 HB-0340 OUT OF RECORD PAGE 3 HB-0358 SECOND READING PAGE 3 HB-0358 SECOND READING PAGE 62 HB-0358 OUT OF RECORD PAGE 4 HB-0365 SECOND READING PAGE 4 HB-0481 THIRD READING PAGE 40 HB-0561 THIRD READING PAGE 42 HB-0573 THIRD READING PAGE 46 HB-0573 THIRD READING PAGE 61 HB-0573 OUT OF RECORD PAGE 62 HB-0598 SECOND READING PAGE 4 HB-2478 FIRST READING PAGE 60 HB-2479 FIRST READING PAGE 60 HB-2480 FIRST READING PAGE 60 HB-2481 FIRST READING PAGE 63 HB-2482 FIRST READING PAGE 63 HB-2483 FIRST READING PAGE 63 HB-2484 FIRST READING PAGE 63 HB-2485 FIRST READING PAGE 63 HB-2486 FIRST READING PAGE 64 HB-2487 FIRST READING PAGE 64 HB-2488 FIRST READING PAGE 64 SB-0103 FIRST READING PAGE 60 SB-0113 FIRST READING PAGE 4 HJR-0029 ADOPTED PAGE 3 HJR-0029 RESOLUTION OFFERED PAGE 2 SJR-0002 ADOPTED PAGE 6 SJR-0002 RESOLUTION OFFERED PAGE 5 SUBJECT MATTER HOUSE TO ORDER SPEAKER DANIELS PAGE 1 PRAYER PASTOR ROD SILVER PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 2 COMMITTEE REPORT PAGE 2 BUDGET MESSAGE GOVERNOR EDGAR PAGE 6 SPEAKER CHURCHILL IN THE CHAIR PAGE 36 HOUSE ADJOURNED PAGE 63 PERFUNCTORY SESSION PAGE 63 PERFUNCTORY SESSION ADJOURNED PAGE 64